Legal Question in Criminal Law in North Carolina
Search Warrants
I am raising a teenaged son and have reason to believe he is involved with undesirable people. He has never been arrested. What rights do I have to protect my home from police coming with a search warrant, entering my home and going through my home at will. Do I have any rights as the homeowner, not involved in any illegal activities?
1 Answer from Attorneys
North Carolina Search at Home
In NC (or anywhere) the law enforcement officer (LEO) must have reasonable and articulable suspicion of a particular crime and/or property which he believes is at a certain location before the magistrate will grant a search warrant. If a confidential informant (CI) states that your son is a dealer and has a stash of cocaine at your home and that the CI has purchased the drugs from him before, that may be enough for a warrant to issue. If your son is a juvenile you could be present at any questioning of him by LEO; if he is less than 14 you must be present or sign waiver for any custodial interrogation to be admissable. Some parents "innoculate" themselves by inviting LEOs to the home and making sure junior knows he will not be allowed to carry on criminal activity at home or by taking out misdemeanor trespass warrants against the unsavory friends or the child.If junior is so far into the fast track that he is undisciplined and tends to run off during the night or curse you or if personal property is disappearing from your home you may investigate whether you could take out an undisciplined action in juvenile court to help you gain some control.
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