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Abandon House being used ?

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  • Abandon House being used ?

    It was the end of the month of July when I had a party at my dads house, he was out of town and there was alcohol. At around 1 a.m. the police kick in my back door and tell everyone that their trespassing until I tell them that my dad owns the house. By the time the nights over i get two tickets, one for allowing people to gather and consume alcohol and one was for drug paraphernalia.

    There was no emergency circumstance, no exigent circumstances, and to the best of my knowledge no probable cause (everyone was inside and the shades covered the windows. we have a large lot and there is no way the neighbors could have heard the music from $20 ipod speakers.

    Now, I have a couple questions.
    1. When I asked them for a warrant they didn't have one.
    Don't you need a search warrant for that ?
    2. Doesn't that mean they have to knock on my door first ?
    3. The way they wrote me for drug paraphernalia was by looking through my kitchen drawers. Don't you need a search warrant for that ?

    Now I am still waiting to go to court and none of this really made sense to me until I was talking to a ex-cop that is a friend of my dads and he said that they could have entered if they believed the people in the house were trespassing. Which is the only thing that made a little bit of sense. So the final question is "Can police come into your house without a warrant if they believe that there are people trespassing ?"

    If there are any special state only laws that I have not considered, I live in Hinsdale, Illinois.
    I thank you in advance for taking your time to answer.

  • #2
    Originally posted by Walter.Mitty View Post
    1. When I asked them for a warrant they didn't have one.
    Don't you need a search warrant for that ?
    Sometimes you do and sometimes you don't. If they have probable cause to think you're illegally in the house, yes, they can enter.

    Originally posted by Walter.Mitty View Post
    2. Doesn't that mean they have to knock on my door first ?
    No. See first answer.

    Originally posted by Walter.Mitty View Post
    3. The way they wrote me for drug paraphernalia was by looking through my kitchen drawers. Don't you need a search warrant for that ?
    Usually, but there are a million exceptions to that.

    Originally posted by Walter.Mitty View Post
    So the final question is "Can police come into your house without a warrant if they believe that there are people trespassing ?"
    Yes, we can.

    If you feel it's incorrect fight the charges because any evidence obtained illegally will be thrown out. Honestly, the wisest course of action is to give up drugs rather than get mad at the police because they caught you.

    Comment


    • #3
      With charges pending you need a lawyer not a cop.
      Today's Quote:

      "The difference between stupidity and genius is that genius has its limits."
      Albert Einstein

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      • #4
        Originally posted by mdrdep View Post
        With charges pending you need a lawyer not a cop.
        X 2.

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        • #5
          This story sounds like your talking to your lawyers pleading your case, Im sure the police officers have quite a different description of the events.

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          • #6
            Originally posted by mdrdep View Post
            With charges pending you need a lawyer not a cop.
            And, a rehab therapist, unless you want this to keep happening over and over again.

            Comment

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