My house is most likely going to be raided very soon. Is there any type of legal action I can take to prevent this?

Asked about 4 years ago - Baltimore, MD

It is more than likely going to be a drug raid.
The police associate this house with drug trafficking.
A resident of the house was previously arrested under the possibility of drug trafficking.
He was recently arrested for the same reason. This person has never been charged.
There was nothing found in the last raid.

Attorney answers (3)

  1. Abraham Fernando Carpio-Gonzalez

    Pro

    Contributor Level 14

    Answered . It may be possible to file a Motion to Quash the warrant, if you know that a warrant exists, but only if you have good faith basis that the warrant lacks probable cause. Or, you may want to file a Petiton for Injunctive relief against the County and Police to prevent them from raiding your house - again, only if you have a good faith basis that there is no probable cause. Now, neither of these options guarantees that the Court will act at all, or even in time to prevent the raid.

  2. Richard Alan Simmons

    Contributor Level 11

    Answered . Call the police and set a meeting with counsel before they down the front door.

  3. John C Belcher

    Contributor Level 14

    Answered . The fact that you already know or strongly suspect that a raid is going to take place suggests to me that law enforcement is not likely to find any contraband of note in your home, whether or not some contraband may have been present at some point in the past. I do not know whether the police leaked information of a possible raid to you in order to intimidate you or encourage you to modify your conduct or whether you simply have a hunch.

    However, there are a number of possible options that might be considered including those already suggested. For example, you could file a petition for injunctive relief and move for a preliminary injunction, although the standard is very high; you could immediately contact the local police department and/or State’s Attorney (assuming we are talking state rather than federal authorities) and let them know that you will consent to a search so they need not smash your door and ransack the house; or you could let them do their worst and, in the event they find nothing, take photographs of the damage, obtain an estimate of repair costs, and sue the officers and their employer under Section 1983 of Title 42 of the U.S. Code.

    Of course you should know what I will recommend next: That rather than trying to obtain specific advice in a public forum based upon limited information, you should retain competent criminal defense counsel that can tell you confidentially what you should do in this particular case and who, if you are charged, will have a head start on constructing the best defense. Of course no honest counsel will assist you in destroying or concealing evidence.

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