Legal Question in Criminal Law in Wisconsin
search warrant
my house was raided at 5:30 in the morning... My fiance and I Pay rent to my fiances mother for a room that we rent, which is where we dwell, the police broke through our locked door... and presented a search warrant, with my fiances mothers name on it... and proceded to search the entire house. They found some marijuana, in the living room of the house,which the evidence they said they had found was never shown to any of us. In the room that my fiance, and I reside in. they found some old paraphanelia once used for meth....also never physically presented to us... they arrested all of us, and charged us all with possession of THC,and paraphanelia.... they then charged my fiance, and I with possession of methamphetamine, as well... Can they rightfully do so? our names were not on the search warrant... and, wasn't our living space that we pay for.. wrongfully invaded? I feel my constitutional rights were violated, We never, seen any evidence against us... but we did use at one time in our lives.... Since, we have given up that life, both my fiance and I risk losing our jobs, because of this! What do we do?
2 Answers from Attorneys
Re: search warrant
You can and should challenge the warrant as being overbroad and not backed by probable cause. A review of the affidavit supporting the warrant would be necessary.
There is no obligation for law enforcement to show you the items seized. They are only required to provide you an inventory after the fact.
For a consultation call us.
Re: search warrant
Search warrant law is extremely complex and the propriety of what occurred in any given raid requires a complete investigation of all facts, review of the warrant, and a review of the return on the warrant. A search warrant will often give the police the option of searching all parties present as well as their belongings. You need a good criminal lawyer immediately.
Related Questions & Answers
-
Felony charges but not arrested My son has been charged with 2 felony counts and a... Asked 1/06/07, 10:02 am in United States Wisconsin Criminal Law
-
Leaving the state on bond If I am to serve 90 days in jail for battery and I leave... Asked 12/10/06, 6:06 pm in United States Wisconsin Criminal Law
-
Criminal question If someone is arrested for a crime and they are not charged within... Asked 12/05/06, 10:41 am in United States Wisconsin Criminal Law
-
Probation revocation I'm currently on probation for a felony and the PO pulled up my... Asked 10/05/06, 12:19 am in United States Wisconsin Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
