Legal Question in Criminal Law in Pennsylvania
My house was searched by 9 undercover police officers with a warrant right after I left my home, my 14 y/o granddaughter was sleeping on the sofa, they bashed the door in with a ramrod, they had their guns drawn, flashlights in her face made her show her hands, turn around and frisked her, after 20 mins. they asked her info, and called her mom, my daughter. Around the same time, they phoned my husband who was at work with my 2 sons, he called me while I was picking up my brother from outpatient knee surgery. We both started for home. Upon arrival, they refused to let us in our home and told us to "read the warrant". I managed to find out that they were "looking for hidden drugs", and I responded, they wouldn't "find any". They were in my home approx 3 hours, while my brother sat in the car bleeding from the knee. Again, refusing to let us in. I came to find out that my 18 y/o son, to my distress, had sold 27 of my 5mg percocet to an undercover cop 4 days previous outside my house. During their search, they took that son's prescription antibiotic and antihistimine which was just purchased earlier that morning. No percocets were in the house or found since I had only had 30 to begin with. They went into my safe in my bedroom and took my other narcotic medicine along with all future prescription slips (which my Dr. gives me so that I see her every 3 months.) This medicine nor I were involved in the sale to this officer. They also went into my older son's room and tossed it upside down and are saying that he is going to "get papers for court" since he had paraphenalia (grinder and seeds of marijuania). This son's Registered shotgun for hunting (was in the attic, unloaded with the safety ON), was also confiscated. One of the cops said "You sell drug(s) and have gun(s) in your house."
Another one said we "should get the gun back", and "probably" will get my medicine back in a couple weeks, well it's been three, and I don't know who to ask, given the treatment we have received any time in their company or over the phone. I have had to pay over $300 to replace the medicine so far. Is it my right to have my medicine back? Would I call the lieutenent ? Meanwhile my son is facing a felony for his stupid actions which will affect him for a long time if not for the rest of his life. They offer no options. We live in a suburb outside a Phila. city. Have my civil rights been violated? What about my granddaughter, are they allowed to search her without a parent given her age? She has had stomach trouble since. Overall, they only found valid prescribed medication as far as "drugs" go. The warrant is full of lies to the DA and judge. I could prove a couple of them. The rest of the warrant is all "HEARSAY". One of their informants had been arrested 3 weeks earlier for harrassing my son, me and my husband for several hours and had been warned by the police to back off, only to climb on a tree behind my yard and continue to yack.....so that is who they got 3 paragraphs from while he was incarcerated for the evening. ...........UNBELIEVABLE... I don't understand why they didn't just arrest my son, and why they felt the NEED to toss my house, break my doors, bust locks, my son's bed, and several safes.
1 Answer from Attorneys
Based on the facts as you have related them, there may be some grounds to suppress the evidence found. You should speak to a private defense attorney as soon as possible. Feel free to call my office to discuss.
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