Can the Police Enter a Home Before the Search Warrant is Issued

My question involves criminal law for the state of: mississippi

Can a home owners association board member let the police into a privately owned and occupied by son of owner condo with out a search warrant ?

Do the rules of the HOA allow the board member to enter the home for some reason? If not, then the HOA member would be trespassing and so would the cop. IF the cop believed the board member had a right to allow entry, that changes things though.

why does an HOA board member have a key to the premises?

why did they enter and what did they find?

As a general rule, no, the cops could not enter in the scenario you describe. However, a great deal depends on the reason the cops entered. If there were exigent circumstances (suspected medical emergency, fire, or some hazard to public safety), if they were in fresh pursuit of a suspected criminal, or if they had probable cause to believe that a crime was being committed inside and there was either a danger to someone's safety or property or there was a high likelihood that evidence would be destroyed if they delayed would all be examples of scenarios that would make entry legal.

You mention a son that was present inside the house. How old is the son? Did the son object to the cop's entry? Had the son run into the house to elude the cops?

Was any evidence found in the condo that was the basis of an arrest?

My son was not home, noone was home, they did a traffic stop kid said he was coming there to smoke on a text the police read and they were in the condo searching when my son got home, they arrest him and girl friend found 6onces of pot

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My son was not home, noone was home, they did a traffic stop kid said he was coming there to smoke on a text the police read and they were in the condo searching when my son got home, they arrest him and girl friend found 6onces of pot , the search warrant showed up later, because we pulled up not long after and the kid for traffic stop is sitting on couch and son and girlfriend in hand cuffs, we were checking on son because he had had his wisdom teeth pulled the day before

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the search warrant showed up later,

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the search warrant does not have to physically be at the location. They may very well have had a warrant issued prior to the search. If so, whatever they found is legit.

If the warrant was not issued until after the search, son should be seeking to have any evidence discovered suppressed. Depending on the argument put forth by the police, it may or may not be suppressed.

they went to the judge after they searched the apartment, it is in the discovery

the underlying facts and circumstances
to search warrant

on date, officer -------- arrested --------- for possession of marijuana. Officer noticed text message in ------ cellular telephone indicating ---- was enroute to purchase more marijuana . Officer asked ---- about the text message and ------ explained he was on his way to pick up more marijuana from a subject known as ------- at address-----. Officer learned that suspect , friend and unknown female live in the condos.

Officer booked ----- in and then went to the condos. Officer walked k-9 through the hallway where thecondo front doors are situated. the k-9 provided a positive odor response for illegal narcotics at the door to t109 . That was the only door the k-9 provided the indication. Officer advised sergeant ----. sergeant responded to the condos along with officer -----. Officers secured the condo with a pass because no one answered the door.

The condo was secured and officers noticed marijuana in plain view in each room . there was also paperwork indicating --------- had electrical service in the unit from power company. There was a reciept in the south bathroom which had the name ------- as purchasing a cocker spaniel puppy. This was of particular interest since there was a similiar puppy in the condo.

Based on the above listed facts and circumstances, sergeant ------- with ----- police dept request a warrant be issued to search -------- adddress ,



this is how they got search warrant after already searching

Not trying to argue the search was valid but it is obvious you do not have all of the information available either. It appears that the search might not have been legal. That is something your son or his attorney needs to address in court. If the search was illegal, it should allow for the suppression of any evidence discovered.

So, somebody would have to make a motion to suppress the evidence obtained and go from there.

It seems that they may have had sufficient probable cause to seek a search warrant to the home based upon the text message, statement, and the dog alert. The entry might be iffy, but, if they can articulate that there was reason to believe evidence could be destroyed while they awaited the issuance of the search warrant, then the entry may well be perfectly lawful. They might also have made entry if they had an articulated concern for the welfare of the occupant (a minor) possibly inside the residence.

In many cases the police CAN enter and secure a property in order to protect evidence or to ascertain the welfare of those inside.

As it is, junior's attorney can move to suppress the evidence seized if there was an over reliance in the affidavit on observations made AFTER entry. However, with the text, the statement by suspect #1, and the dog alert, I'd think they had enough for a search warrant without the entry. I suspect the search will be upheld (provided they did not rely too heavily on the observations in the warrant).

Oh heck. After all that, I don't see how they didn't have PC, before the entry.


carl, with PC, if they couldn't justify entry without a warrant (no exigency), would just the timing issue be enough to suppress evidence?

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Quoting jk

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Oh heck. After all that, I don't see how they didn't have PC, before the entry.


carl, with PC, if they couldn't justify entry without a warrant (no exigency), would just the timing issue be enough to suppress evidence?

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Maybe. There could be idiosyncrasies in the laws of the OP's state that differ from mine, so they might have erred. But, it seems as if the police tried to act carefully and responsibly, so I suspect that they may be okay on this. I would think the only vulnerability will be in the affidavit, and will hinge on how much emphasis was placed on the observation of the plants. If the presence of the plants were the deciding factor, and the issuing judge was not informed of the entry to "secure" the property prior to the observation, then there might be a chance at suppression.

I predict a plea bargain in junior's future - and, likely, his parent's as well. After all, this is the sort of thing that could involve ALL the residents and not just junior.

oh one thing I forgot it was no my sons phone number on the text

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parents did not live there

there were no plants

and the pot was in freezer

[QUOTE=randolph;641498]oh one thing I forgot it was no my sons phone number on the text

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parents did not live there

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but parents own it. Given the relationship, more than likely, even a valid contract for tenancy will not protect them from all possibilities.

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there were no plants

and the pot was in freezer

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No plants but pot was in the freezer. Is "pot" not a plant? I guess you mean potted plants.

as to it being in the freezer; and? the dog indicated on the outside of the door. I guess your friend has smoked pot at some time either in the house or while wearing clothes that are now in the house.

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oh one thing I forgot it was no my sons phone number on the text

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and?

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Officer asked ---- about the text message and ------ explained he was on his way to pick up more marijuana from a subject known as ------- at address-----.

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One rat in the hand is worth a million phone numbers in a phone.

Clearly, you need to distance yourself from your son's activities. He is involved in dealing dope. He lives in an apartment that YOU apparently pay the rent for. That does, potentially, involve you - especially if you receive any payments from him that can be said to have come from illegal activity. And if you have been known to come and go from the apartment, you might also be looked at as a conspirator in any criminal enterprise.

I would hope that you do not condone his activities and have informed him that he needs to make his own way in the future since he clearly has chosen to break the law and could, potentially, take you down with him.

thanks for opion jk

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his whole life style has changed and he no longer lives in the condo on the beach , he works 12 hours a day and sleep at our house

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Quoting randolph

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his whole life style has changed and he no longer lives in the condo on the beach , he works 12 hours a day and sleep at our house

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This is good. But, be wary of time away and who he hangs with. Most people who use and sell marijuana view it as harmless, and they very often do not quit simply because they think that everyone else is wrong.

Hopefully he can get a plea to possession and drug testing/treatment and that he will actually take to such a program.

the change in friends was hardest part for him

thanks