California  |  Civil Rights Law

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10/04/07, 6:40 pm

Legal Question


Search Warrant, is this legal?

The other night, police detained me in my front yard while they procured a search warrant. After three and a half hours of standing on the sidewalk with all my neighbors looking at me like I'm some kind of freak, a cop pulled up with the ''search warrant''

The ''search warrant'' they showed me was signed by a judge in a different district, more than 50 miles away. It does not list my address, my name, it doesn't say what they were looking for, where they were allowed to look for it, or why they thought they had a right to enter my home and dump bags of trash in my living room. I have a copy of it.

When I started asking questions like ''Why isn't my address on this?'' they hand cuffed me and my brother (who lives with me) and took us to the station. We asked what we were being arrested for, they said it was ''narcotics related'' and that an ''investigator'' would explain everything. The charges were possession of drug paraphernalia, a misdemeanor.

They held us there until 3 AM, then gave us each tickets and we had to walk several miles home, where the front door was unlocked, trash was dumped out of bags all over my living room and in my bathtub, and a search warrant form with ''0 items taken'' written across it.


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