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  1. #1
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    Default Execution of a Search Warrant at a Different Address

    My question involves civil rights in the State of: alabama on july 14th the cops knocked on my door asking for my brother I told them he dont live here they said can I search youre place I said no with out a search warrant you cannot he said I have a search warnt I said can I see it he handes the paper to me folded up and came into my home when I open the paper it was just a warnt and the address for it was at a diffrent location which made the so called search warnt invalid casue of the addres was for a diffrent location and they did damage to my home and they try to take me to jail for defending my rights one of the cops said its a GDing warnt I can go were the F I want too..and the police agency here has numerous pending cases and is being investgated by the FBI...

  2. #2
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    Default Re: Do I Have a Case

    Section 15-10-4
    Arrest without warrant - Duty of arresting officer; authority of officer to break and enter dwelling house.

    When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer has authority to break open an outer or inner door or window of a dwelling house if, after notice of his office and purpose, he is refused admittance.
    (Code 1852, 446; Code 1867, 3995; Code 1876, 4665; Code 1886, 4263; Code 1896, 5212; Code 1907, 6270; Code 1923, 3264; Code 1940, T. 15, 155.)
    http://alisondb.legislature.state.al...75/15-10-4.htm
    Section 15-10-44
    Execution of writ by sheriff or deputy.

    A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing a warrant of arrest.
    (Code 1852, 604; Code 1867, 4156; Code 1876, 4829; Code 1886, 4400; Code 1896, 5256; Code 1907, 6288; Code 1923, 3282; Code 1940, T. 15, 173.)
    http://alisondb.legislature.state.al...5/15-10-44.htm

    http://alisondb.legislature.state.al...975/141445.htm

    http://alisondb.legislature.state.al...975/140731.htm
    Don't make me quote Monty Python at you.

  3. #3
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    Default Re: Do I Have a Case

    If they had an arrest warrant for your brother, and they had good cause to believe that was his residence, they may well have had good cause to make entry and search for him.

    If you believe the entry and the search were unlawful, you can speak with some attorneys and see how much they might charge you to try and pursue a claim and a lawsuit against the agency involved. Absent discernible damages, it is unlikely that you will get any takers willing to pursue your claim without many thousands of dollars up front, but, you can ask.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: Do I Have a Case

    Quote Quoting cdwjava
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    If they had an arrest warrant for your brother, and they had good cause to believe that was his residence, they may well have had good cause to make entry and search for him.

    If you believe the entry and the search were unlawful, you can speak with some attorneys and see how much they might charge you to try and pursue a claim and a lawsuit against the agency involved. Absent discernible damages, it is unlikely that you will get any takers willing to pursue your claim without many thousands of dollars up front, but, you can ask.
    So they can pretty much break our constitutional rights by state laws? From my understanding they broke my 4th add amendment

  5. #5
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    Default Re: Do I Have a Case

    It is clear the state tries to legislate respect for your right against an unlawful search by the passage of 15-5-19. That does not mean the officers, on site, did not have probable cause to search without a warrant. I suggest you discuss the issue of what constitutes probable cause in this situation with cdwjava.


    Section 15-5-19 - Penalty for procuring maliciously and without probable cause.

    Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

  6. #6
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    Default Re: Do I Have a Case

    Don't make me quote Monty Python at you.

  7. #7
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    Default Re: Do I Have a Case

    His first name wasn't Red by chance was it? All joking aside, I seem to have missed the relationship between a police error in that case based on mistaken belief as to the validity of a warrant and this situation where there is not a question of the address on the warrant being correct.


  8. #8
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    Default Re: Do I Have a Case

    Quote Quoting freedom91
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    So they can pretty much break our constitutional rights by state laws? From my understanding they broke my 4th add amendment
    Many states - perhaps Alabama as well - allow for a search if there is reasonable cause to believe a suspect with an arrest warrant is in the residence. Others allow this search if the residence is also the home of the suspect on the arrest warrant. I do not know what the status of the law is in AL. But, you are free to consult attorneys to see whether one will take the case. You can also complain to the agency involved ... and, you can call the media, scream to the local governmental body overseeing the law enforcement agency, and maybe speak to the ACLU (but don't count on them taking the case unless there is a large payoff likely ... which wouldn't be what you describe).

    Their actions might have violated the law ... or, they might not have. But, even if they violated the law, there is no magical civil rights fairy that will come down and hand you a pot of gold.

    - - - Updated - - -

    of course, we're not discussing an issue of the suppression of evidence, so I don't know how that case might apply.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
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    Default Re: Execution of a Search Warrant at a Different Address

    Quote Quoting freedom91
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    ...on july 14th the cops knocked on my door asking for my brother I told them he dont live here...
    Was that true or false? If true, how long before this did your brother move out? If your brother was subsequently caught, where was he caught? What crime did your brother commit that brought this type of police attention onto your home?
    Quote Quoting freedom91
    ...when I open the paper it was just a warnt and the address for it was at a diffrent location...
    Search warrant or arrest warrant? Identifying what location?
    Quote Quoting freedom91
    ...and they did damage to my home...
    What damage?
    Quote Quoting freedom91
    ...and they try to take me to jail for defending my rights...
    Did they succeed in taking you to jail, or is this your hyperbolic way of telling us that they merely suggested that they could arrest you without actually arresting you? If you were arrested, on what charge with what outcome?
    Quote Quoting freedom91
    ...one of the cops said its a GDing warnt I can go were the F I want too...
    What is "GDing"? A clumsy abbreviation of a potty word?
    Quote Quoting freedom91
    ...and the police agency here has numerous pending cases and is being investgated by the FBI...
    Which is... irrelevant. (As is the procuring statute mentioned above, as there does not appear to be any dispute that the warrant was valid at least for the identified location.)

  10. #10
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    Default Re: Execution of a Search Warrant at a Different Address

    Quote Quoting Mr. Knowitall
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    Was that true or false? If true, how long before this did your brother move out? If your brother was subsequently caught, where was he caught? What crime did your brother commit that brought this type of police attention onto your home?

    Search warrant or arrest warrant? Identifying what location?

    What damage?

    Did they succeed in taking you to jail, or is this your hyperbolic way of telling us that they merely suggested that they could arrest you without actually arresting you? If you were arrested, on what charge with what outcome?

    What is "GDing"? A clumsy abbreviation of a potty word?

    Which is... irrelevant. (As is the procuring statute mentioned above, as there does not appear to be any dispute that the warrant was valid at least for the identified location.)
    No my brother was not at my home and my brother has never lived at my house GD is a bad word for a really bad word no they Didnt take me to jail now I wish they did to help my cause im not trying to sue I want them to pay for the laws they have broken my 4th constitutional right was broken that day with out the current location on it makes it invalid according to our 4th constitutional right and it was a arrest warnt not search warnt it was for my mothers location

    - - - Updated - - -

    Quote Quoting Disagreeable
    View Post
    His first name wasn't Red by chance was it? All joking aside, I seem to have missed the relationship between a police error in that case based on mistaken belief as to the validity of a warrant and this situation where there is not a question of the address on the warrant being correct.
    im not sure it is in saint clair county alabama one of thier name was rick Oliver

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