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  1. #1
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    Apr 2008
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    Default Illegal Search and Seizure Due to Kids Kicking in Door While Occupants Were at Work

    My question involves criminal law for the state of: Oklahoma

    Two years ago we received a call from a friend while at work that he caught several kids in our home after kicking in the front door, he had already called the police then when the property was being cleared by town police, the county showed up and went back in house at that time the kids started telling them things about us that were not true in order to take the heat off them. We do not know how long the kids had been in our house and when they realized the were caught they ditched things that were not ours in our home. Police were at our house from 2:00 that afternoon until after 7:00 that evening and the search warrant was not issued until 7:30, we are now being charged for these things. How can a forcible entry/breaking and entering call lead to us being charged for these things, we even found things the police did not find two weeks later, there is no telling what or where they stashed the crap they ditched to keep from getting into trouble.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupents at Work?

    =littlebit1;244245]Two years ago we received a call from a friend while at work that he caught several kids in our home after kicking in the front door,
    who kicked in the front door?

    How can a forcible entry/breaking and entering call lead to us being charged for these things
    why would the police search the entire home unless they had reason to believe there were drugs hidden elsewhere? They do have that right, especially since a judge apparently agreed.

    , we even found things the police did not find two weeks later, there is no telling what or where they stashed the crap they ditched to keep from getting into trouble.
    then your lawyer needs to provide a reasonable defense that you are upstanding citizens and in no way could the drugs be yours AND the kids had enough time to stash the stuff all over.

    Unless you leave your home for long periods of time when going to work, it would seem the trespassers were in your home for a very limited period of time. I don't see why the police, or most reasonable people, would believe the kids ran all over stashing drugs, in your house. Honestly, it doesn't sound reasoanble to me.

  3. #3
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupents at Work?

    Quote Quoting jk
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    why would the police search the entire home unless they had reason to believe there were drugs hidden elsewhere? They do have that right, especially since a judge apparently agreed.
    They may have been searching the premises to make sure that no burglars were hiding anywhere in the premises. It was reported that several people were involved in the break-in.

  4. #4
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    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    but they wouldn't need a search warrant for that, would they? OP states it took several hours to obtain a search warrant...

    Oh, I see, they were looking for additional people and maybe found some illegal things and sought a search warrant maybe?

  5. #5
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    Mar 2007
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    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    Quote Quoting jk
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    but they wouldn't need a search warrant for that, would they? OP states it took several hours to obtain a search warrant...

    Oh, I see, they were looking for additional people and maybe found some illegal things and sought a search warrant maybe?
    One may be required if the kids stated that there was illegal substances in places not in plain site.

    Arresting a burglar does not give the police the right to toss the place looking for drugs.

  6. #6
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    Jan 2006
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    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    Quote Quoting cyjeff
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    One may be required if the kids stated that there was illegal substances in places not in plain site.

    Arresting a burglar does not give the police the right to toss the place looking for drugs.
    I was being a bit facetious.

    The word of a couple of trespassers, unless they were familiar with the residents and the home, would very likely not be enough to toss the place either.

    Arresting a burglar within a residence would tend to allow the police to search to the point they were comfortable there were no others within the residence if they had any reason to believe there were more people within the residence. Obviously they would be looking for a person so if some contraband was discovered in a drawer, that seizure would be suspect. If the police found contraband in the back of a closet, pretty much a good take.

    and that gets us back to:

    e the kids started telling them things about us that were not true in order to take the heat off them
    that statement, to me, suggests the trespassers are familiar with the residents. If they weren't, I can see no reason the police would give any credence to the word of a couple trespassers who had just, within the past several hours, broken into this house.

    As with most tales that come this way, there is most likely much more to the story we will never hear.

  7. #7
    Join Date
    Mar 2007
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    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    Agreed.

    At to that the age of the original burglary, and we have some interesting details that have been left out.

  8. #8
    Join Date
    Oct 2008
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    10

    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    Well if you call the police and state your house is being broken in to, cant you argue that you give them consent to enter? Then they also execute a protective sweep and while doing so any contraband could be siezed if it i s out in plain sight do to the plain sight doctrine.

  9. #9
    Join Date
    Aug 2006
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    563

    Default Re: Illegal Search & Seizure Due to Kids Kicking in Door While Occupants Were at Work

    What did they find?

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