Legal Question in Civil Rights Law in Washington
We are allowing disrespect
I am interested in protecting my civil rights. Police do not have any respect and citizens are allowing this to become normal procedure. It DOES matter to me that police are allowed to (and have) entered my home without a search warrant. Most recently I have been charged with a crime as a result of this invasion. Where can I find rules about
police procedure. Is there a rule about warrants being served during daylight hours unless specified? What constitutes 'probable cause?' and isn't there a case law about using the beaten path to the main entrance? I understand that these will not excuse a crime if it has been committed, but I feel more like a victim than a criminal.
1 Answer from Attorneys
Re: We are allowing disrespect
You have two major categories of search and seizure law described. 1) Without a warrant and 2) with a warrant. It appears that your factual situation relates to entry without a warrant, and that the rest of your question is more of a what if. Searchs and seizures generally require a warrant, exceptions to the warrant requirement include (but are not limited to): hot pursuit, plain view, search incident to arrest (a limited search unless a search warrant is included). A far more detailed fact description would be required to determine whether an exception would apply. Although I have practiced in Mason County, you probably would want to find a attorney closer to home (Thurston or Pierce Counties perhaps).
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