Saturday, July 31, 2021

Probationer's Wife's Home Searched without consent after Husband flead from a Traffic Arrest arrest

 

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

Can the police get a warrant or have just cause to search my house after arresting my husband when we were in a traffic stop?    My husband fled a traffic stop when I was in the car with him. The police claimed because he was on felony probation they could search my house and we found out it was for probation violation that he had a body attachment but once he was in custody why did my home need to be searched and why did i have to be in the back of the cop car in a different location as they searched my house while using my key from in my purse without permission

Authorities could probably lawfully search a probationer's residence (on behalf of the PO) without a warrant, but the same may not be true for your residence. Therefore, if you get charged with something as a result of a warrantless search, an experienced criminal lawyer might be able to get the evidence suppressed, which might also mean that the DA abandon's the underlying prosecution against you. I am guessing however, that they may have later gotten a warrant to come back later and search your house, however, so this issue may not come up. You also don't say whether or not you were charged, but either way, if you want real legal advice in a complex situation like this, you should retain a lawyer, who could also investigate whether or not your civil rights were violated in any fashion that might make a civil claim worthwhile.

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