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jay19832016

can police search room and phone?

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The police came to her house while I was there. Asked to search the room she rented and she told them NOT without a search warrant. They proceeded to threaten her with trashing all her things, destoyig the home which would've resulted in her becoming homeless. After about a hour of them threatening among other things she let them. They seized many things among items that she owned. Then after I refused to unlock my phone for them to go through they arrested me on unrelated traffic warrant and after taking me to jail got her to unlock my phone. Then 4-5 hours later after all that got a search warrant for residence and my phone. I refused to make any statements without an Attourney present. All the stolen property was not at my residence or in my physical possession. I have multi felonies, she never even had a speeding ticket. Can they do all that or any and what should I do? I haven't been charged but was printed on b&e of motor vehicle(felony) & rec&conc stolen property (felony)..  Nothing was in value over $999. Therefor all under well under $1000...Please help in any way. Advice etc.

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The best advise anyone here can give you is only speak with your attorney. He/she knows the court system, judges and prosecutors, which is much more important than the opinions of strangers on the internet who only have one side of the story.  Your friend needs an attorney as well, if she has been or will be charged with anything.  She may have grounds to have the search suppressed, depending upon the officer's version of the facts, and more importantly, if she is charged with anything.  In most states, you cannot challenge a search that may have violated someones else's rights.

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That is not what I said.  She may have grounds to challenge the search of her room, but you do not.  As to the phone, it depends upon the facts presented to the judge, and who the judge believes.  I am pretty sure the police will have a different story than the one you presented.

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14 hours ago, jay19832016 said:

The police came to her house while I was there. Asked to search the room she rented

 

This is ambiguous.  First you refer to the house as "her house," but then you refer to "the room she rented."  So...is it her house or is she merely a tenant who rents a room?

 

 

14 hours ago, jay19832016 said:

they arrested me on unrelated traffic warrant

 

Unrelated to what?

 

 

14 hours ago, jay19832016 said:

Can they do all that or any and what should I do?

 

It is a necessary conclusion that "they" (the police, presumably) can do anything that they did do.  Some of the things mentioned seem to be of potentially questionable legality (which I assume was the intent of your question), so you and whoever "she" is should consult with separate criminal defense attorneys.

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attorneys

She was renting the room so there for a tenant, she's my fiance, and unrelated to the question at hand which was them tracking a stolen iPad to that address.they being the police, and I'm just wondering if I'm able to contend anything as long as all that I'm stating are actual facts and not fictional. I'm just asking and reading trying to learn as much as possible so there for if and when they choose to file charges I know a little to help myself. 

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12 hours ago, jay19832016 said:

I'm just wondering if I'm able to contend anything as long as all that I'm stating are actual facts and not fictional.

 

As noted, this question is ambiguous.  However, as I wrote previously, some of the things you've mentioned seem to be of potentially questionable legality, so you and your fiancée should consult with separate criminal defense attorneys.

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