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Carleen

Search warrent

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My house was raided due to my oldest sons socializing. But I was under the impression that the search warrent must be presented when asked for. 

They beat on my door at 5am. Then broke my front door and deadbolt. Arrested my oldest son. While screaming "come out hands first". I walked out to see 4 of those big guns with scopes on them pointed at me. My boyfriend of 7yrs

Came out behind me. They immediately cuffed him. Gathered us all out side. Found nothing in my sons room. So they then proceeded into my youngest boys room.(I should mention they are 24yrs & 27yrs old). Who was already on his knees with his fingers laced behind his head. They still after cuffing him, yanked him up and threw him across the room.

My 73 yr old father and his wife were also outside with us. I asked to see the warrent within the first 20 min of being outside. So did my father. They found $900.00 in cash, 3 oz of weed, and a hand gun that he was licensed for in his closed dresser drawer . He has a full time job. SEIZED those items Then arrested my younger son. They were asked to show the warrent 5-8 more times. Never produced it. They said they left a list of items seized with a copy of the warrent.Never found it. I called them repeatedly asking for it. 8.5 hrs later one of them knocked on my door and handed me a copy of the warrent.  No stamp saying filed in court or anything like that. I have no clue what officers were even in my home. This dont seem legal to me. Am I wrong? Also I thought they had to conduct the search within 2 days of being issued? Is there any way to get stuff back?

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3 hours ago, Carleen said:

Who was already on his knees with his fingers laced behind his head. They still after cuffing him, yanked him up and threw him across the room.

 

How do you know that if you were outside?

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On 5/26/2019 at 12:38 PM, adjusterjack said:

I'm guessing that the son who was arrested has bigger problems then just a little weed. He needs a lawyer. If there was anything wrong with the search his lawyer can address it in court.

If I could afford a lawyer we would live at my father's house.

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There is no way anyone here can help your son.   It is not necessary for the police to show you the warrant in order to do the search.  California allows adults to possess 28.5 grams of marijuana.  That is about one ounce.  Your son had three ounces or three time the legal amount.  That would tend to indicate he is a dealer.  He needs a lawyer big time.

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On 5/26/2019 at 10:10 AM, Carleen said:

handed me a copy of the warrent.  No stamp saying filed in court or anything like that.

The warrant isn't filed with the court until after it's executed and then it is filed with the inventory of what was seized, which is called the return.  Your son needs a lawyer.  If he can't afford one, he can ask that the public defender be appointed to represent him. 

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