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Question on forced entrance by police

T

twippy23

New member
I have a big question. I have friend that had a package delivered to his home, when he took it off the door step he then placed it on the floor inside the door. About five minutes later he heard glass breaking and it was the state police/dea/postal combo forcing their way into his back door. He asked if they had a search warrant and they told him that they didn't need one because he received drugs. Once they were in they asked if he would agree to a search. He said yes they agreed to only search his bedroom and the basement were the package was. The items in the box were 200 Kettimine. In the end they just left and said he may get a summans to court. Did the cops have the right to break in without a warrent


any input

thanks
twippy
 
Last edited:
IMO - the only way they can come in without a search warrant is if they suspect someone is in danger. I will bump this for NYCdefender to view. You may want to email him also.

Nautica
 
What country do you live in? That sounds like a very odd story. If the "police/dea/postal " - three agencys, are planning an arrest they are going to make one.

If illegal drugs were found in a mailed package a warrrent can be had. They would then search without having to ask.

The only way I can believe this story is if it was a small local police dept that was somewhat inept. Even then, if they knew for a fact that illegal drugs where there they would not leave without them and your friend.

I have to call bullshit.
 
They have to have a warrant from a judge, but since your buddy gave them verbal permission it is just like a warrant. Police often do this to get either verbal or signed consent to serach the premises when the judge won't issue a warrant due to insufficient evidence. Most people are pretty intimidated by police and when they ask you "can I search your trunk, house etc" most people will automatically say yes.
 
I would be pissed!

I believe that his best bet would be to contact a lawer and get his oppion. Read a post once that said this about receiving packages:

Use a different first name and your real last name.
When package is delivered set it by your door and mark
return to sender in big bold black letter. let it set there for
2 weeks( if you can wait that long). If you get raided or questioned just say that the dude whose name is on the package is your cousin from Maine. You have been meaning to return the package to the postal worker but never got around to it.

Don't know if it would work but......
 
Sadist said:
They have to have a warrant from a judge, but since your buddy gave them verbal permission it is just like a warrant. Police often do this to get either verbal or signed consent to serach the premises when the judge won't issue a warrant due to insufficient evidence. Most people are pretty intimidated by police and when they ask you "can I search your trunk, house etc" most people will automatically say yes.
Click to expand...
True. But can you picture them agreeing to only search two rooms the "accused" agreed to?

From what I've read of past situations illegal drugs mailed to your residence is pretty much a slam dunk as far as warrents go.
 
200 bottles of ketamine.........that's a lot of specail K. I think he would have been arrested on the spot. I call bullshit as well.
 
This is bullshit. That much drugs he would have been taken in as he would be considered a flight risk. Besides, how did they "know" he had drugs in just those two rooms? Illegal inside monitoring? What the hell is a police/dea/postal combo? What would a postal authority do there? They can not serve a warrant or do a search, that is not their jurisdiction. Unless the postal worker was there to man the .50 cal machine gun and give them firepower. You know... "go postal on their ass".

You say "in the end they just left and said he may get a summons to come to court?" WTF? The magic eight ball will tell them if he is charged or not?

I say...Come back when you can think of a more believeable story.
 
My question was

Did they have the right to break his window and forced entry. With out a warrant in hand.
He askes if they had a search warrant. They said no. After a short time they asked if they could search and he said ok.

He says he dosnt know why they did not arrest him. He thinks they may want a big fish and thats why or he also thinks because they broken into the house with no warrant.

twippy
 
neo1605 said:
200 bottles of ketamine.........that's a lot of specail K. I think he would have been arrested on the spot. I call bullshit as well.
Click to expand...

from someone with personal experience, i will call bullshit on this one as well
 
Great then he has nothing to worry about

Great then he has nothing to worry about. He is just hoping he dosnt get a summons to court like they said.
 
200 bottles? thats ALOT of k man, I call bullshit aswell, he should have been beaten then arested lol. and for that much k the would have had a warrent.
 
You're buddy has nothing to worry about. Imaginary arrests aren't a problem. All you have to do is forget them and you're scot free.
 
twippy23 said:
I have a big question. I have friend that had a package delivered to his home, when he took it off the door step he then placed it on the floor inside the door.
any input

thanks
twippy
Click to expand...

If I just got 200 bottles of K in a box, I probably wouldnt just place it on the floor. This story is gay.
 
re

I don't know how much it is different from state to state, but this is what I know.

1. Police are like vampires! You know the rule, they can't come in your home unless you invite them(police "may we come in" or "do you mind if we search such and such?") Once you agree to this you are fucked, you can't object to what they are doing once consent is given. VAMPIRES!!
2. They rely on people not knowing their rights. Police are the biggest violators of civil rights you will ever find. Intimidation is another big weapon. Next time pick up your cell phone very carefully and tell them you want to call your lawyer first. Watch how fast they leave you alone.

Besides, thanx to 9/11, they are given more gastopo like powers. I don't think they have to show you a warrant like they used to. Another thing is, they can break in your house whenever they want to do other kinds of rights violating shit.

All in the name of freedom, be careful and know your rights!!!
 
Re: re

me2dammit said:
I don't know how much it is different from state to state, but this is what I know.

1. Police are like vampires! You know the rule, they can't come in your home unless you invite them(police "may we come in" or "do you mind if we search such and such?") Once you agree to this you are fucked, you can't object to what they are doing once consent is given. VAMPIRES!!
2. They rely on people not knowing their rights. Police are the biggest violators of civil rights you will ever find. Intimidation is another big weapon. Next time pick up your cell phone very carefully and tell them you want to call your lawyer first. Watch how fast they leave you alone.

Besides, thanx to 9/11, they are given more gastopo like powers. I don't think they have to show you a warrant like they used to. Another thing is, they can break in your house whenever they want to do other kinds of rights violating shit.

All in the name of freedom, be careful and know your rights!!!
Click to expand...
LOL. Good analogy.
 
donkeydick Ok

donkeydick when you get a package what do you do go run and open it like an birthday gift. No you let it sit there if you nervous.
 
IF you are telling the truth, and you might be, here is what happened.

They WERE NOT COPS. They were people who were in on the shipment and they simply wanted to recover the K. So--they dressed up as cops, busted in, and scared so-and-so into giving up the goods.

200vials of K and you're in shit, bro. Believe it.

BTW, K is an easy sniff for dogs. EASY.
 
Fukkenshredded said:
IF you are telling the truth, and you might be, here is what happened.

They WERE NOT COPS. They were people who were in on the shipment and they simply wanted to recover the K. So--they dressed up as cops, busted in, and scared so-and-so into giving up the goods.

200vials of K and you're in shit, bro. Believe it.

BTW, K is an easy sniff for dogs. EASY.
Click to expand...
So you're saying a bunch of gangsters didn't find what they knew/thought was there and they said "fuck it" and left? I don't know where you're from but around here I'd say if Mr twippy23 had something some bad boys wanted they'd have it or twippy23 wouldn't be using the computer right now.
 
Not a bunch of gangsters. And if they didn't find it what could they do if they were posing as cops? Anything short of murder and the gig is up. Keep in mind he said they searched, and he mentioned nothing about gloves. Busting in a window is a noisy affair, too, so they knew they were being watched if this is indeed the scenario.

It happens quite a bit, actually. Think about it. You are a drug dealer, you have connections and bucks, and you decide that you want your shipment returned to you for whatever reason. Easiest way in the world--pose as a cop or fed and intimidate the recipient into any compliance at all. Every witness just says '...a bunch of cops broke in...' and they can't get close either because they, too, are intimidated.

All you need is five minutes, uniforms, and balls. EASY.
 
Fukkenshredded said:
Not a bunch of gangsters. And if they didn't find it what could they do if they were posing as cops? Anything short of murder and the gig is up. Keep in mind he said they searched, and he mentioned nothing about gloves. Busting in a window is a noisy affair, too, so they knew they were being watched if this is indeed the scenario.

It happens quite a bit, actually. Think about it. You are a drug dealer, you have connections and bucks, and you decide that you want your shipment returned to you for whatever reason. Easiest way in the world--pose as a cop or fed and intimidate the recipient into any compliance at all. Every witness just says '...a bunch of cops broke in...' and they can't get close either because they, too, are intimidated.

All you need is five minutes, uniforms, and balls. EASY.
Click to expand...
I understand what you're saying. Your scenario would require even-tempered controlled individuals that could accept not accomplishing what they set out to do. This is a rare breed of criminal. Not saying it's impossible, just unlikely.
 
Ok

They took his supply of juice from his bedroom and the unopened K package and left. He told them the package was someone else's he just lets the person send them to his address and he gets 600.00 per week for it. They were asking him all day if that's the case why hasn't anyone picked up the box. They then told him he could be arrested or summons to court it was his decision. All day they were trying to get him to call someone to come pick up the package. Which he ended up refusing to do. In the end all they took was some juice,bills,odd paperwork. Never looked on his computer or tried to take it. they also gave him there telephone # if he wanted to talk. If they didn't arrest him are they just keeping him on the street to watch him. My friend is no big fish but we know people that sell 1500-2000 bottles of K per week andall kinds of other shit. Also don't they take all the evidence they confiscate and decide if they want to give it to the DA then he/she goes from there.
 
The only time the police will ask permission to search is when they DO NOT have any grounds to do so. Polce officers are usually quite "creative" in getting their grounds though. Quite often(especially when searching vehicles) they'll lie about something they saw "in plain view", that'll lead to a complete search.

Nautica- Yeah, I agree with what you said about entering the house the way the opening post described it. With out a warrant, if they want to enter a dwelling-house, the police require clear evidence that someone is in IMMEDIATE danger of being killed or suffering GBH inside that premise. The right to own private property and privacy there-in, SUPERCEDES just about everything else in law. A warrant to do a kick would have been necessary in this case. The authorities would have had no problem getting one, but they would have to know what was in that parcel before obtaining the warrant.
 
The guy who said once you give consent to search, you're fucked is wrong. You can tell them to stop anytime and tell them to leave your home and it would help if a neighbor could hear you so they can be a witness to this. Also you should never give consent to a search of anything(home, car, person).
 
The post by "me2dammit" is as full of shit as this post!

There are much easier ways to find the answers to questions like that without making up a bullshit story...

PM me or find a copper who will be truthful with you and just ASK!
 
re

I don't know how "full of shit" my post was!

If you do give consent you are fucked, try telling one of these black booted thugs you have changed your mind. They already know you are stupid enough to allow them to violate your rights, why would they stop? Who the hell are you to a cop?!??!

Nobody. Its their word against yours if you haven't noticed, and the court takes their word unless you have cochran and a boatload of money, and the cops no that!

Don't get it twisted, if the police know you know your rights, they still might fuck with you, you have no proof that any of this happened as you say it did. Its there word against yours. They can be on tape fucking with you and still beat a civil rights violation case.

On paper everything is rosey, but in real life its fucked up. If they find something on an illegal search 9 times out of 10 they will say they saw it something first which then gave them probable cause to search, when you and the cops know they didn't do jack shit and they violated your rights, but explain that to a judge, whos job is to fine people who the cops bring in. If he goes against the cops the court system makes no money!!

Yeah, the occasional person who might know the judge through a realtive ,might beat it, but don't count on using you rights on paper in court unless you are loaded, and try it with the police and you might catch a bullet.

There are a ton of good cops, but they wouldn't pull a stunt like this, only the bad ones do, and they aint about to respect you and know full well they are violating you and dare you to do something about it. The know where you stay, what you drive and know they can make your life a living hell.

I have seen cops split someones head in front of 20 people and a camera and still walk, while the guy had brain damage. I don't want to hear about what you can and can't do on paper. I want to hear how you can get away with it in the real world.

That why I say reach for the phone slowly when attempting to call your attorney. Move to fast and they might put 10 bullets in your ass. If you are lucky enough to make it to your phone, and contact somebody(or at least act like it1) They will leave you alone(I have done it before!) If they don't allow you to make it to the phone, you are fucked!!
 
Think of it this way, bro. Some people BROKE INTO YOUR HOUSE AND TOOK SOME STUFF. Only the fact that they were wearing uniforms makes you believe they were cops. You check any police office and see about a raid? You file a complaint? You call an attorney? ANYTHING? This is one of two things. Youre story is incomplete/inaccurate or you were robbed, plain and simple. See how easy it was? You STILL don't know you were robbed.

Call that number. You will see the light then I am certain.
 
What the *$#k are you people reading to many comics

I know what the fuck happened. They were cops what don't you understand.People need to answer my questions not make up new ones. I need answers not comic book tales.
 
I think what folks are telling you is:
This story sounds like bullshit. If the DEA is involved for sure, they don't operate this way at all.. If they are going to go through the trouble of putting together an entry team, time it just right when you get your shit and ask other agencies to get involved. They would know what was in the package before they busted in and would have a search warrant with them. Having gear in a package addressed to you would be more than enough to get a search warrant signed by a judge. The police or other L.E. agencies are required by law to leave a copy of the warrant when it is served. They are also required to file a return within 10 days to a judge who signed the warrant specifiying what they removed from your house.
Verbal consent is a totally different animal. If you give permission (you're a dumbass and deserve what you get if you do) they can search whatever you told them they could. You can tell them to stop at anytime. Buy if something illegal is found before they are told to stop. The house can be secured and they will file for a search warrant and continue on anyway.. Bottom Line if you have shit to hide. Tell them to pound sand unless they have a search warrant.
I am not calling you a liar. I just think there is more to this story than we are being told.
 
OK

He was told today it will be hadled by the MA state police and a officer will be going to the local court were this happened and get a summons.
 
Summons

How do they summons you by mail or does an officer come to your address? Also when you appear at the summons do they then arrest you?
 
Here's my answer to Twippy's original question (sorry I saw this thread a week after it was posted). Normally, the police need a search or arrest warrant to enter a person's home, even when the officers possess probable cause to arrest the person. See Payton v. New York, 445 U.S. 573 (1980). There are three main exceptions to the Payton rule: exigent circumstances, consent, and hot pursuit. (There are also some miscellaneous exceptions, with which I will not bore you.)
Exigent Circumstances. If urgent events occur where the police would not have the time to get a warrant, a warrantless entry is permitted. There are two veins of cases in this exception. One vein allows an in-home arrest; the other allows a warrantless search of the home. Warrantless arrests will be allowed where a violent crime has been committed and the perpetrator will escape. Warrantless searches may be done when contraband will be destroyed or removed from the home. Note that the police cannot create the exigency. In terms of your situation, I don't think that the prosecution could prove the legality of the search under this theory.
Consent. An officer can make a warrantless arrest if a person in the household consents to the officer's entry. Although you say that your friend consented to the police searching two rooms of his house (which makes me want to strangle your friend, if true), I think the prosecution would lose under this theory, too. The police already illegally entered. Crashing through someone's door would make anyone's consent involuntary.
Hot Pursuit. If the police are in "hot pursuit" of a suspect, they can follow him into his home. A suspect cannot evade arrest in public by seeking refuge in his home. It's possible the prosecution might choose this theory. Your friend leaves his home by stepping outside to receive his package. He then goes inside his home. I would certainly argue that the police did not see a crime committed when your friend received the package, because how did your friend knowingly possess a controlled substance. Without actually seeing a crime being committed, there's no hot pursuit. So this exception could apply.
Buie or Protective Sweep. A lesser used exception is the Buie or protective sweep. See Maryland v. Buie, 494 U.S. 325 (1990). Once a defendant is arrested inside his home pursuant to an arrest warrant. the police may perform a protective sweep of the premises. This exception does not apply to your friend's situation.

When you appear in court on a summons, usually you are not arrested on the spot. The point of the summons is to summon you to court on your own to answer the charges. Sometimes, a judge may set bail at arraignment, but that would be very rare. If you have any outstanding warrants, you could be arrested when you appear for a summons.

Thanks Nautica for bumping this thread. Sorry I didn't see it and answer it sooner.
 
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