Feeling violated

I'm embaressed to even say anything about this incident, however, I am sure that something is not right with the whole situation.

My husband and I went to Las Vegas for the honeymoon we never had, due to the fact he was on parole and could not leave the State. He was successfully discharged in the beginning of the month. So off we went. We have 4 cats a puppy, fish, and a hamster, as well as 10 baby kittens so we arranged for a friend to be at our house to take care of the kids while we were away.

We left last Monday, aside from missing the first flight and getting stranded unexpectedly in Denver overnight...Life is good! arrived in Vegas the following day, called home and the hamster had gotten out and was found dead. We really did not need that info at this point but dealt with it. no news is good news, no communication with home on Wednesday or Thursday. Called on Friday A.M. to find that the Police has raided our home approx. 12:30 A.M. They ransacked our house and trashing everything when no one was there and left a warrant to search the premises with a complete description of the property to enter, seize, tabulate, etc...

Only there were no names or reasons Only probable cause was found.
the list included any Bldgs. on the premises, vehicles, safe, EVERYTHING!

They broke all the doors, mirrors, plate collections, invaded all of our most personal things with no regard. The officer on the phone only stated that they had received information that led them to do this act. No explanation as to what.
They left a list of few items that they took after they had their fun,
a porceilin tray, a digital scale from the kitchen, sandwich bags, a joint of pot, and correspondence.

Can this really be legal?????? How do I find out what is going on without ruffling any feathers? We have to live in this City and do not need any additional problems. Can you please advise me as soon as possible?

Thank you in advance for your time and attention in this matter.

ALSO: Can they do this again at any time as well? We Do Not Sell Drugs!!! So I smoke a little bud once in a great while, that certainly does not justify this action!

The first reply that comes to mind is---it sounds like it is certainly more legal than having drugs and drug paraphernalia in the house. Also, I would decry your use of the phrase, "had their fun". Any time a search warrant is carried out, police officers literally take their life in their hands. I suspect the "fun" they had was not nearly as thrilling as the dealing/selling/using of the drugs that were found.


That being said, a search warrant is required to be specific. The police must express to a judge exactly what they are looking for and exactly where they plan to look for it. For example, to use the absurd, suppose they are looking for something large, such as a vehicle. They would have a hard time getting a judge to allow them to search your dresser drawers for an SUV since it isn't PROBABLE it would be there. However, when the search is for drugs, or something even as large as a weapon, it opens up many possibilities for searching.

You state "Only there were no names or reasons Only probable cause was found.
the list included any Bldgs. on the premises, vehicles, safe, EVERYTHING!" What does this mean? The warrant didn't have your name or your husbands name on it? Probable cause comes BEFORE the obtaining of the warrant, and is NEVER obtained or FOUND AFTER the search.

I am not sure what you felt they did wrong. They had a warrant and you admit it was specific as to where they could and could not search. As far as where the police received the information from--I am not certain this would be told to you outside of a courtroom, if at all. The point is, their source had to be reliable enough to establish to the judge issuing the warrant that it had merit. Police have informants, etc. and they are not required to tell you WHO, necessarily. Only establish for a judge that they have proof, beyond a reasonable doubt, that a warrant is justified. That being said, they do not have to "find anything" in order for the search to be justified. If they establish their need to search and obtain a warrant and don't find anything, this does not negate the legality of their search.

As far as things being broken? At times, mirrors are broken to see if there is contraband behind them. However, obviously they are not allowed to wantonly break things in your house--but you could never prove that they broke the mirrors and china. Suppose you and your husband had a fight and broke them before you left? Or perhaps someone broke in and ransacked your house in an attempted robbery? Of course you know that didn't happen, but, what you know happened and what you can PROVE happened are two entirely different things. I also suspect drug dealers/users trying to complain to a judge that their drug dealing/using is ok while breaking china is not would not warrant more than a chuckle. Perhaps its the cost of "doing business" you are in. Amazing how you feel a sense of outrage that the police would break your mirrors and china--*gasp* how can they be allowed to do that??? While you have no problem buying/selling/dealing drugs. Ironic.

As far as having questions you want answered? If there is an arrest warrant issued for you and/or your ex-con spouse, you will surely have ALL your questions answered in the form of the states case against you. I won't even ask what would make you open yourself up to this type of pandering life of crime---and the answer to your other question "Can they do this again?" is YOU BET. In fact, since they DID "find something" in your house, it can be used to establish probable cause later for subsequent searches. I suppose it would be too much to expect you to heed the call of the straight and narrow and join countless thousands of others in your community who make a living without committing crimes? That would be the safest way to avoid this happening in the future. Also, cops have a way of getting you in their sights, and not letting go. In other words, they will LOOK for ways to make your life miserable. Example: Traveling two miles over the speed limit---you will be stopped. And, searched, you can bet on it. Broken tail light? You guessed it. And it is legal for them to do since it IS breaking the law to merely go over the speed limit at all. You ask if they CAN do it again? I'd bet my bunny with a pancake on its head they WILL do it again. Repeatedly. Once you are "labeled" as a drug dealer/user/buyer, you have to do it cleaner and better than everyone else, because you WILL be "dogged". Again, the cost of doing business. Be glad you WEREN'T home when this search occurred. Be glad they waited until you weren't home instead of risking a deadly encounter.

A drug free, crime free life is a blessing--I cannot imagine going to sleep at night fearing the door would be broken down at any moment. Forgive me for stopping short of mustering up sympathy.

Living above a life of crime is a choice, as much as choosing to commit crimes. Argue your "right" to break the law by having/dealing/using drugs. But please understand those of us that willfully choose better are disheartened and disgusted at the risk it brings to us, our schools, our churches, our homes and our children.

I manage a title co. and do real estate transactions GG. I, nor my EX_CON spouse have ever sold DRUGS, I WOULDN'T HAVE INQUIRED ABOUT THIS IF WE DID! He is a cable/telephone installer.

I certainly hope your not part of the Judicial System.

It's entirely possible that the person you had watching over your house had friends over at unusual hours of the night. (Just a hypothesis.) If your neighbors saw someone they didn't recognize, along with strange cars coming by at unusual hours, one may have called the police. The fact that a small amount of drugs was discovered is one thing...when they located what can be possibly construed as "paraphenalia" and items typically associated with "the intent to distribute" they were entitled to conduct a search.
Have you spoken with any neighbors? Or discussed this with the person who watched over your house? Any one of a number of seemingly innocent circumstances could have resulted in the situation you described above.
A suggestion here..you can contact your police department and inquire what is involved with obtaining a copy of the filed report. You may also want to see how it would be possible to obtain a copy of the warrant, which would clearly state reason for the search as well. Your police department can at the very least explain what the procedure is to obtain the warrant. I'd suggest at least attempting both as soon as possible...if you're not successful, you may want to contact an attorney near you for assistance.

Good luck.

It's entirely possible that the person you had watching over your house had friends over at unusual hours of the night. (Just a hypothesis.) If your neighbors saw someone they didn't recognize, along with strange cars coming by at unusual hours, one may have called the police.

I disagree that this is why the police came into the home. It doesn't matter if Ringling Bros. Circus set up camp at this woman's house while she was away. It doesn't matter if the neighbors called the police because strange people were coming and going. NONE OF THIS IS PROBABLE CAUSE TO OBTAIN A SEARCH WARRANT AND ENTER A HOME. It is clearly cause enough for the police to knock on the door and ask that the occupants identify themselves, but enter a home? No way.

The fact that a small amount of drugs was discovered is one thing...when they located what can be possibly construed as "paraphernalia" and items typically associated with "the intent to distribute" they were entitled to conduct a search.


This statement is a clear violation of constitutional law.
Once again, the ENTITLEMENT to SEARCH a home NEVER comes AFTER a search is underway, nor is it justified by what is found. In other words, what you are saying as a possible scenario for what happened would be, clearly, an illegal search. Lets assume, like you suggested, neighbors called the police because of "strange" people they didn't recognize. Said officer comes to the door pursuant to neighbors call. Said officer IS NOT ALLOWED to enter the home WITHOUT a warrant--unless, of course, the "strange" person answers the door and is committing a crime, such as polishing his M-16 assault rifle, then the police could declare exigent circumstances and enter the home. The police being called about strangers at a neighbors house is NOT probable cause to storm the home.

Now, if their "house sitter" called the police and said, "Hey, Officer Friendly, I am house sitting for so-and-so, and I was disturbed to find <insert illegal items>" THAT would be probable cause---"eyewitness" first hand account of illegal items. That would give the police probable cause to obtain a warrant. That being said, you are not necessarily entitled to know HOW the police found out---informants are heavily protected for obvious reason. But, you are entitled to know what their case is against you--as I am certain you will know in full.

Here is what happens when a search warrant is obtained: An officer appears before a judge and provides the judge with concrete proof ( reliable informant, pictures obtained from a stake out, etc) that a crime is being committed. The officer must be very specific and state to the judge and on the warrant "We are looking for such -and- such and we have probable cause to believe it will be found in this location (bedroom, garage, in the attic). They cannot just say, "Hey, we got an anonymous call saying so-and-so has drugs and we wanna go have a look see!" Their request for a warrant would be flatly refused. Therefore, this reply stating that their finding items possibly associated with drug paraphernalia "entitled them to search" is clearly a violation of constitutional law. The fact that anything remotely related to drugs was found NEVER justifies a search. A search is justified before the warrant is obtained. Telling this woman otherwise is simply wrong--not "says me", but says the law.

I would agree that she is entitled to see the warrant and hear the charges against her--which she will when she is arrested and charges are brought. I would not contact the police. I would not ask for copies of anything. I would retain an attorney or go to the public defenders office and they will obtain all of that, through the proper channels, during the discovery phase of the trial, if there is one. I believe this is the only way she can be assured of receiving not only the correct documents, but also unaltered ones as well.

I am pleased you and your significant other are gainfully employed, although I am uncertain as to the relevance of your profession to the fact that drugs were found in your home. Since you mentioned it, where exactly is the line of moral superiority drawn? It's ok to use, as long as it is only a little? It's ok to use ANY amount, as long as you DON'T sell? Why is using ok and selling isn't? I am not being sarcastic--I really am asking. Where do you draw the line as to what is legal and what is not?

Perhaps a quick perusal of the law might help. ANY DRUG USAGE IS ILLEGAL. It's very simple. Don't expect tolerance from people who obey the law. If everyone who used drugs "recreationally" were stopped, drug dealers would be out of business. I have been in court rooms with drug dealers, and they were, for the most part, dealing a small amount to a lot of people. If it is a lot to a few people, or a little bit to a lot of people, how can you see one as legal and one illegal? Did you ever stop to think that your "little bit" is only a part of dozens of others this supplier sells to? By the time you add up everyones "little bit", you have a city ridden with drugs, crime, and tragedy.

People who use drugs, even "recreationally" ( whatever that means ) affect those of us who do NOT. It affects our homes, our property values, our children, and our safety. Did it occur to you that while you are buying drugs, you are doing it in front of someones home, school, or place of business? ANY drug usage is illegal, and as long as it remains so, do not expect those of us who obey the law to condone it in any amount.

My specialization is in criminal law---hence, the correct answers to your questions. You may not like my position, but I have given you a description of what the law says regarding search and seizures. Of course, I am not your defense attorney. Legal advice, obviously, should only come from your attorney. However, I have provided you with a general overview of the search and seizure process and have attempted to explain how it seems, from what you have related, that the law was followed. Feel free to take what I have said here and ask your attorney if it is correct. Unlike some posters in this forum, I do not feel the need to reply to every question that is asked, and I try to limit my replies to those areas where I actually know the answer.

Certainly, you are innocent until proven guilty by a court of law. However, this is not a court room. This is the court of public opinion, in some fashion. If you are able to come into a public forum and announce you are a drug user, those of us who respect, obey, and enforce the law are allowed to express our abhorance for this choice you have made that affects us all.