What are your rights during a search warrant if you are not a resident of the house that is being searched?

Asked about 1 year ago - Lubbock, TX

I was recently spending the night with someone when at 5AM the door was busted down. I was awoken to a cop pointing a gun at my face screaming for me to get on the floor. A cop initially did not allow me properly dress myself (I am a female and was sleeping nude), but another handed me a shirt. The entire house was handcuffed and taken outside during the search (warrant was for a roommate's possession of cocaine.) When the person I was spending the night with looked over to check on me after the officer attempted to not let me dress myself, he was forcibly stepped on by another officer pressed down on the floor.
Is all of this allowed during a warranted search?
Also, who is responsible for the door and frame which was broken?

Attorney answers (3)

  1. JaPaula C Kemp

    Contributor Level 16

    1

    Lawyer agrees

    Answered . What are your rights?.... Each person, whether they are the resident or not, maintains constitutional and procedural rights. Based on your facts here, I do not see that yours were violated. I know it was a bit uncomfortable to be nude but they did allow you to put on a t-shirt. As far as the busted door frame your were not the owner and do not have standing.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Officers acting with a "no knock" search warrant are allowed to bust down the door without regard to time of day.

    Persons in a house being searched need to obey the officers' commands. Why? If the commands are lawful, then because the commands are lawful. If the commands are for some reason NOT lawful, then because the officer is not going to argue the matter during the search, but will likely simply arrest the non-compliant subject.

    Were your rights violated? I have no way to know without examining the search warrant, reading the offense report, and genearlly investigating the case.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Kathryn Mary Holton

    Contributor Level 18

    Answered . All of it is allowed. Try to find non criminal drug possession friends to spend the night with, it will alleviate you having to experience the fall out from police serving a search warrant.

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