Legal Question in Constitutional Law in Washington

Trespasing

my son was charged with a crime,the police came to our home in the early morning without a search warrant they asked if they could come inside I said yes,during questioning of my son the seargent told me my son is going to need a lawyer,at that point I responded with if he needs a lawyer you guys need to leave my house now! The cops did not leave untill they had my wife gather some evidence in my son's room. My Question is this ''Without a warrent when I told them they have to leave but did not did they violate my rights and is the evidence after that point still valid?''


Asked on 6/17/02, 6:50 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Trespasing

These things can be tricky, and you require competent legal representation based upon the facts you present.

Arguably the police were trespassers after the time they were told to leave, but voluntarily gathering evidence for them to take with them could be a problem. Had you refused and they either left or got the evidence themselves would have been a better case. Undoubtedly the police will claim that you voluntarily surrendered the evidence to them.

This is not a do-it-yourself case - contact an experienced criminal lawyer in your area if you have concern about the outcome of your case.

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Answered on 6/17/02, 9:27 am


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