They did not have a warrant! what should i do?

Asked about 2 years ago - Holyoke, CO

One night i had heard a domestic dispute in another apartment, and a neighbor called the cops saying it was coming from my apartment and someone has a gun. So the police bust into my apartment with guns to my head and start immediatley searching the bedrooms by the front door. needless to say i had been growing marijuana in one room and had paraphernalia. they then confirmed with whoever called it in that they had the wrong apartment. they ticketed me (the next day because the cop said he was to tired and hungry to do it right then) and now i have court. is there something wrong with this situation?

Attorney answers (3)

  1. Christopher Daniel Leroi

    Contributor Level 20


    Lawyers agree

    Answered . The cops are going to argue that the claim that someone had a gun gave them "exigent circumstances" to bust in without a warrant. I can virtually guarantee you that will be their excuse as a former judge and DA. However, they are limited to looking for people with guns, not searching every nook and cranny of the room. Additionally, the fact that they had the wrong apartment is a HUGE issue and has overturned search warrants in CO on numerous occasions before. You have some very valid issues and need to hire a criminal defense attorney. Best of luck.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Daniel Nelson Deasy

    Contributor Level 20


    Lawyers agree

    Answered . You absolutely need to retain the services of a criminal defense attorney with some experience! The fact that the polcie entered your apartment on a mistake will be explained away by "exigent circumstances." What does that mean? it means they will claim they did not need a warrant because of the emergency involved -- a gun being involved, for example. Mr. Leroi is absolutely correct when he says that while they may have made a mistake coming into your place, the authorities do not have the right to open up all of the shoe boxes in your cliset -- they have a right to deal with the exigency (or emergency) and that is all.

    There is something wrong with the situation and an experienced criminal defense attorney should be able to help you fix it!

    Best of luck to you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Michael Jermaine Carter

    Contributor Level 8


    Lawyer agrees

    Answered . You need to retain a lawyer immediately. In reviewing your statement, it would appear the search is not proper but there could be other factors. Also the fact this involved possession of a controlled substance you should contact an attorney in your area to protect your rights.

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