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  1. #1
    Join Date
    Jun 2008
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    Default Can LEO Search My Home?

    My question involves search and seizure law in the State of: New Jersey

    Hi all,

    There was a burglary @ my home while I was out. The cops were notified by a neighbor stating that the perps had left, it was even on the report. (Perp seen leaving with tv.) When the cops arrived they claim my front door was left open. With that they had probable cause to search inside for any more perps. When in my house they searched everywhere open all closets and cabinets. Made a mess of the place. Is this legit? Can they just run in house like this and poke around? I always thought they needed a search warrant to do that.

    Any insight will be greatly appreciated.

  2. #2
    Join Date
    Apr 2006
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    Default Re: Can LEO Search My Home?

    Let's see......this may be a bit of a stretch, AND you may not be swayed, BUT, don't ya think that it was the badguy(s) that tore up your domicile looking for stuff to pillage and plunder???????????????

    Just a thought!

  3. #3
    Join Date
    Aug 2007
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    Default Re: Can LEO Search My Home?

    Quote Quoting cire^one
    View Post
    My question involves search and seizure law in the State of: New Jersey

    Hi all,

    There was a burglary @ my home while I was out. The cops were notified by a neighbor stating that the perps had left, it was even on the report. (Perp seen leaving with tv.) When the cops arrived they claim my front door was left open. With that they had probable cause to search inside for any more perps. When in my house they searched everywhere open all closets and cabinets. Made a mess of the place. Is this legit? Can they just run in house like this and poke around? I always thought they needed a search warrant to do that.

    Any insight will be greatly appreciated.
    In most cases the polcie need a warrant to search your home. The 4th amendment may not apply if this had been a felony hot-pursuit case.... You Judging by your description, it's sounds the police have classified it as such. I'm not saying I agree with law enforcement who stretch the 4th by using these kind of "loopholes", but thats the way it is.

    Could Souperdave be right? Perhaps the damages was caused by the thief?

  4. #4
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    Default Re: Can LEO Search My Home?

    Well, let's put it this way......The Law rolls up to your crib, front door is flappin' in the breeze, their call initiated from a neighbor who saw the crime-in-progress.....

    Now;

    Do you figure the cops are gonna sit and down a donut or two while they're waiting for you to get home? Would it be a prudent thing for them to standby when there could be a possibility that a perp's still inside havin' his way with the place?

  5. #5
    Join Date
    Jun 2008
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    Default Re: Can LEO Search My Home?

    Thanks for the quick replies.

    The badguys didn't leave my living room. All electronics were taken, some expensive jewelery that was right in front of the tv was left behind. Leo searched everywhere and found somethings in my home.(See other post http://www.expertlaw.com/forums/showthread.php?t=52806 )
    Dressers and all furniture were shifted around so I'm pretty sure it was Leo.

    Well, let's put it this way......The Law rolls up to your crib, front door is flappin' in the breeze, their call initiated from a neighbor who saw the crime-in-progress.....

    Now;

    Do you figure the cops are gonna sit and down a donut or two while they're waiting for you to get home? Would it be a prudent thing for them to standby when there could be a possibility that a perp's still inside havin' his way with the place?
    The call was made saying that the perp was seen leaving meaning no one is inside. Why stay and search around my house instead of looking for the car with the 50" plasma sticking out the trunk? Seriously by the time I got home and I was only gone for 2hrs, no lie a good 25 cops were in my house.

  6. #6
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    NW of KSTL
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    Default Re: Can LEO Search My Home?

    Sooooooooo, they found your "farm" operation. This may or may not be admissable evidence, BUT, I'm thinking that their noses picked up on the 'odiferousness' and that is what they'll base their probable cause on......but if it's been a long-time/no-hear sorta thing then it very well may be that when the case was presented to the prosecutors they wouldn't go with it due to the possible improper/illegal search thing....

  7. #7
    Join Date
    Jun 2008
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    Default Re: Can LEO Search My Home?

    Yup they found it...lol. there was no smell, believe me none. they made it seem like it was out in the open when it wasn't. Like I said they had to open things to find things. I hope that it is considered an illegal search. Just wondering why the long wait, I would like this to be over already. I need to take this lean off this house.

  8. #8

    Default Re: Can LEO Search My Home?

    They may also cite their duty to protect YOU in searching the residence after a crime. Case in point: the murder of Hell's Angel's muckity-muck Wayne Sanzo. Neighbors called Wayne to report that 2 guys had been seen carrying "stuff" out of his house (turns out they were raiding his large gun collection). Wayne headed home, called police on his way there, police were dispatched (non-emergency, as the information given was that the perps had left the scene). 30 seconds before police arrival at the home 911 went crazy with calls of gunshots. Appears that the perps went back for another load and heard Sanzo enter the home. They hid in a closet while Sanzo called 911 himself to report that he had arrived to find the place tossed. When he hung up and started looking around to see what was missing (and some speculate to try to HIDE certain things before law enforcement arrived), he opened the closet door and they blew him to Kingdom Come. Moral of the story: you can't assume that a crime is over, until you KNOW that it's over and the scene is secure - preferably secured by the folks with the guns, bullet-proof vests, and training in how to search and clear a scene.

  9. #9
    Join Date
    Jun 2008
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    11

    Default Re: Can LEO Search My Home?

    Thanks for the reply Aardvarc.
    It makes sense when you see it that way. Even tho I still say they didn't have to go thru everything in my home. When I got home and Leo was already in my home. They wouldn't let me inside. I had to push my way and run in to find a cop playing around with my camera gear that I keep hidden in a cabinet. It feels as if they had a field day in my home especially after they found what they found. The discovery of what they found gave them even more of a opportunity to trash the place. Yet no warrant or anything was mentioned, just probable cause because of the open door. Even the fingerprinting that was done of my home to help find the perps was done incorrectly. They dusted everything except where the electronics were and the window they came in from. Something just doesn't sit well with how everything went down.

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