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  1. #21
    Join Date
    Sep 2005
    Location
    California
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    20,331

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting Hannibal-Bey
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    The police knew that the parents were gone and that there was only one child in the home because a week earlier they were there on a call for a house fire. So knowing that what reason or probable cause did the police have to enter a citizen home?
    You do not know what the officers on site knew or did not know. All because some officer may have known what was the case a week earlier does not automatically transfer to the mind of another officer a week later.

    Everywhere I have ever worked in my career, this would generally be more than sufficient to justify entry for a welfare check. And, since your attorney is aware of what was found inside he can move to suppress any contraband discovered. Depending on where it was and what the court has to say, maybe you will prevail.

    Next time, don't leave the kid alone.
    **********
    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

  2. #22
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    For all they knew grandma was watching the kid and had a heart attack. After all, what reasonable and responsible parent would leave their 4-year-old alone in the middle of the night to go out and do God knows what?!

    Most everywhere,the circumstances of a 4 year old found roaming the street would be sufficient for a welfare check of the residence. If, for some reason, a court decides otherwise the evidence will get suppressed. I suspect a suppression will only come if the paraphernalia and dope was found someplace where a person could not be (like a drawer or someplace clearly way out of sight).

    And, you are darned lucky you won't lose the child at least for a time. But, rest assured, you're now on CPS's radar, so better to follow the straight and narrow and learn how to parent. Oh, and get clean and sober.
    **********
    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

  3. #23
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    213

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting Hannibal-Bey
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    A reasonable person would know if he violated someone 4 amendment that he will be sued.
    Sue, on what grounds, your case is extremely, extremely, weak! Police enjoy what is known as "Qualified Immunity" concerning Constitutional/Civil violations. Do you know what that is?

  4. #24
    Join Date
    Jan 2019
    Posts
    24

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    A private citizen because 2 were off duty officer the 2 who search my home

    And why do you think I use drugs?

  5. #25
    Join Date
    Oct 2014
    Posts
    7,347

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting Hannibal-Bey
    View Post
    A private citizen because 2 were off duty officer the 2 who search my home
    Whether the officers were "off-duty" or not doesn't really matter. What matters is whether at the time they entered the home they were acting in their role of police officer or not. An off-duty cop can still exercise his/her authority as a police officer.

  6. #26
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    213

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting Hannibal-Bey
    View Post
    A private citizen because 2 were off duty officer the 2 who search my home
    You would be surprised even off duty police are mostly still considered to be under Color of law!

    Example: Joe the cop is off duty but working a security job at a grocery store, are any actions he may take against, say a shoplifter, under color of law or not?

  7. #27
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    There are exceptions to the warrant requirement of the 4th Amendment as we have tried to explain to you.

    Once again, your attorney can make a motion to suppress. Depending upon the facts, the evidence of drug paraphernalia and drugs might be suppressed. But, since none of us know where the stuff was found or how, we cannot possibly express an opinion.
    **********
    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

  8. #28
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    A reasonable person would have taken their four year old with them while they dropped their wife off at work.

    There is NOTHING you can say that will convince me, or, I suspect, most of us, that leaving a FOUR YEAR OLD home alone was not criminally negligent. If the worst that happened was that the police performed a welfare check, consider yourself lucky.

  9. #29
    Join Date
    Jul 2010
    Posts
    7,626

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Have you been charged with anything?

    If yes, get an attorney and speak to no one else about this.

    If no, make a personnel complaint and/or speak to an attorney about a suit.

    Without knowing what the officers knew or will testify to in court, all we can say is that it may or may not have been a good entry/search and that you are not the best parent.

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