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  1. #1
    Join Date
    Aug 2012
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    6

    Default 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 ?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Entering Condo Before 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?

  3. #3
    Join Date
    Jan 2012
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    Tacoma, WA
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    1,534

    Default Re: Entering Condo Before Search Warrant

    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?

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Entering Condo Before Search Warrant

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

  5. #5
    Join Date
    Aug 2012
    Posts
    6

    Default Re: Entering Condo Before Search Warrant

    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

    - - - Updated - - -

    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

  6. #6
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    Jan 2006
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    Default Re: Entering Condo Before Search Warrant

    the search warrant showed up later,
    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.

  7. #7
    Join Date
    Aug 2012
    Posts
    6

    Default Re: Entering Condo Before Search Warrant

    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

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Entering Condo Before Search Warrant

    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.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Entering Condo Before Search Warrant

    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).

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Entering Condo Before Search 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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