Follow us!


    Posted by Jackie on 1/11/09

    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
    > 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.


    Posts on this thread, including this one
  • CIVIL RIGHTS VIOLATION?, 1/08/09, by Adelaide King.
  • Re: CIVIL RIGHTS VIOLATION?, 1/11/09, by Jackie.

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.