Illegal search and seizure during wellness check by police.?

by **arrigo** » Thu Feb 23, 2012 6:53 pm

The other morning i was awoken to the police barging in to my apartment breaking my lock right off the door for what they said was a wellness check. I was told the property manager allowed them in. My first question is, can the property manager allow them to do this to begin with? After which they came in and entered my room and saw that me and my girlfriend were completely fine, healthy and alive with no signs of danger to any person. Once i got up out of bed i started to ask questions. Why are you here? Whats going on? simple questions because this startled me considering i have done nothing illegal. Supposedly my parents called this in and the police were told that i was a heroin addict and could possibly be relapsing and possibly in danger. Once we figured this out the police continued to search through closed doors, cabinets and drawers. My second question is that after they see our well-being can they continue to search without a warrant. I asked this question to the officers and they of course came up with a load of bullshit. I do not know much about law and what not but i have kept up on some study of it and what they were saying was just complete lies. After asking them multiple times to leave and to stop pretty much turning all my **** over searching for drugs they found a small bag of pot and syringes inside a closed cabinet which was inside a bathroom to which the door was closed. I tried to stand up and say they cant do this and in response the officer told me it was in plain sight and had every right to seize these items. It clearly was not in plain sight and my girlfriend was here to witness all of this. On scene i was given a deal. The corporal told me he just got off the phone with the prosecutor and told me i either go to county for 6 months or go with my parents and find a rehab facility or he would process the evidence and would file an arrest warrant. I know for a fact that less than 3.5 grams of marijuana and paraphanalia alone was not enough on a first offense to constitute 6 months in county jail. I have contacted a few lawyers and am awaiting response but i want to know whether this is all illegal and a bunch of bullshi** or if they had the right to deny me my rights and do what they did? My last problem/question would be that after this incident happened, my girlfriend tried to contact the police department involved to file a report of possible harassment and or illegal search and seizure. When she called she was connected to one of the officers that were on scene at the incident and he denied to file a report or for that matter denied to do anything about the matter? From what i know, if you call the police to file a report they can not deny this too you. Am i wrong?

by **sylvester37** » Thu Feb 23, 2012 7:01 pm

YOU'RE A TARGET FOR ROGUE COPS, AND YOUR GIRLFRIEND WAS PROBABLY HAVING (OR HAD) SEX WITH ONE OF THEM.

CHECK THIS OUT.

PROOF ROGUE COPS ARE EVERYWHERE:

http://www.wdsu.com/r/30315240/detail.html

by **hackett** » Thu Feb 23, 2012 7:17 pm

Jonathan,

I want you to know I tried. I really tried, but I just don't care about you drug addict scum. Sorry but I don't even care enough to answer. Sorry.

by **curney13** » Thu Feb 23, 2012 7:19 pm

Or you can just NOT do drugs. But I guess that's just too hard huh?

by **mohammed47** » Thu Feb 23, 2012 7:26 pm

It was a illegal search. But by the time they rewrite the report and rewrite there report. And they found drugs there. You will loose. Now if they had left empty handed. You could ask for a restraining order against them. For the future. Make then knock first and have a warrant to enter.

by **warton26** » Thu Feb 23, 2012 7:33 pm

It was a illegal search. But by the time they rewrite the report and rewrite there report. And they found drugs there. You will loose. Now if they had left empty handed. You could ask for a restraining order against them. For the future. Make then knock first and have a warrant to enter.

They can not legally look behind closed doors or for objects not in plain sight.
Anything they seized can not be used against you.
They might be able to enter the apartment, and use something in plain sight, but a search is not permitted.
You need an attorney.

by **veto** » Thu Feb 23, 2012 7:35 pm

It was a illegal search. But by the time they rewrite the report and rewrite there report. And they found drugs there. You will loose. Now if they had left empty handed. You could ask for a restraining order against them. For the future. Make then knock first and have a warrant to enter.

They can not legally look behind closed doors or for objects not in plain sight.
Anything they seized can not be used against you.
They might be able to enter the apartment, and use something in plain sight, but a search is not permitted.
You need an attorney.

I don't like drugs either. but LL had no right to let you in. They needed a warrant, amd you must be Shown the warrant. That's why we Have laws. Darkness and David are advocating vigilante/mob justice, which we can't have. Like Dirty Harry said; "The system stinks, but it's the only one we have".

The "wellness check" is only if a parent or relative calls or something, then it is simply a knock on the door. They Must go away if asked. I've done it to relatives.

Otherwise, you have great grounds for a civil suit. No matter what they found, evidence taken illegally is inadmissible. A guy here had some live M-1 mines, cops broke in and took them. Guess what--judge ruled them Inadmissible as no warrant. No matter what "wellness" or "public safety" involved, it's Illegal.

File complaint, go to Citizen's review board, even cal a pvt atty to sue them pro bono.You will win. Get badge numbers or go to record dept and get police report. Even if you don't have badge numbers, just give them exact time, date, and place and there will be a report with their numbers on it. .

Sue LL, too, and Move.He sounds like a a**hole.

EDIT: I had 3 searches, I've learned the police procedure (CA and AZ!) and have been to court 15X. One trial, one PB, read constitution on this. Have lawyer on $10K retainer. I've rented, too, LL or apt mgr has No right to let cops in! (atty specializing in rebntal; law in CA told me.) Plus, Common Sense.

Syringes are legal in my state. I have a couple I got over the counter from Tucker's Feeds. I use them for greasing cables and as an eye dropper for acid to clean metal before soldering/welding.

EDIT: Lestermount is Right. Even on a 911 call (this Wasn't!), they can only look for persons "in distress" in immediate area; not house search. I had a joker diall 911 on mr, they Came In, but did not nose around. Did not go to garage. They Can't. You Need a lawyer.

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