Legal Question in Criminal Law in Colorado
Was This Ilegal??
my boyfriend had a misdemeanor fta warrent and the bondsmen was watching our house to catch him. i had 2 friends over (1 male+1 fem) so my male friend went out to my car for me and im assuming the bondsman thought he was my boyfriend because he didn't know what he looks like.next thing i know there are cops at my doorsaying that they are here for my boyfriend and know that he is in the house, and they pushed past me into the house.so they found my boyfriend and proceeded to look around my house after he was in custody.there was paraphenalia laying around so they said they were calling a narcotics officer who could/would get a search warrent.the narc arrived w\o search warrent, and again stated she would get one.they proceeded to search in our bedroom, looked in dresser drawer and found some methamphetamines, i said it was mine. so they arrested me for possesion &boyfriend on warrents but they charged him with poss. of a controlled substance as well.all the while never obtaining a search warrent or my consent to search. is this search illegal??
1 Answer from Attorneys
Re: Was This Ilegal??
sounds illegal.
The arrest warrant is only valid if they have good reason to believe he is there. The bondsman not knowing what he looks like and the friend issue could win that. But, likely the bondsman will lie and say he knew and the guy was definitely the right one.
An arrest warrant may not be enough to enter your house without a search warrant based on these facts.
If the police can get in the house to search for boyfriend and see paraphenalia, they will be able to seize what is in plain view. They should have gotten a search warrant for the drugs - I think you said in a dresser and therefore not in plain view.
consent is required without a search warrant. there are lots of little loop holes in search and seizure law that the police can try to use, so the real answer is that it is illegal, but you need representation to make sure that the judge sees it.
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