Re: CIVIL RIGHTS VIOLATION?

More | Report Post

On 1/08/09, Adelaide King wrote:
> My fiance was arrest in december. Me, him and my uncle were
> at a friends house. This friend is going through a custody
> battle and an officer handling it knocked on his door. She
> asked about his baby, then came in the house and asked
> everyone for their id. She never gave probable cause, even
> though my fiance asked about it. She then ran the id's and
> found out my fiance had 2 warrants. When he was arrested,
> neither me or my uncle heard him read his rights. Was this
a
> civil rights violation? Was the arrest illegal?

I had a similar situation where a police officer tried to
enter the house and do a warrentless search - i basically
told him to get the proper affidavit for a search and come
back - they left in a hurry! I am not a lawyer, but from
what i understand, unless there is probable cause to enter a
residence and make a warrantless search it is a 4th
amendment violation. Not reading ones rights is a violation
of Miranda rights. If that is all there is to your
situation then there does appear to be a violation of ones
rights to be free of unwarranted searches and seizures. Why
did the police come to your house in the first place? If it
was just a noise complaint, there is no reason to do what
the officer did. If it was a DV complaint, then you may be
treading on some grey area - but the Miranda violation is a
blatant one. A good defense atty will ferret out the truth,
even as witnesses you can testify that the Miranda rights
were not read.

Jackie