Just got a visit from the cops

[SniperStraz]

Citizens have rights. You as a citizen have the right to waive your rights. As long as you know what your rights are and choose not to excerise them there's no harm done. If you're happy with the outcome of the situation then it was a positive experience.
I wouldn't have let them search my house without a warrant, but that's just me.
Since you did allow them to search it was a good idea to let them know what they would find.
Just my .02

 

[Gryffydd]

I mean it when I say nothing illegal

So you're a lawyer (an all-knowing one at that) as well as an MD?
Can you also be sure there was nothing the police could *think* was illegal?
Can you also be sure there's *still* nothing illegal in your house?
Can you be sure what they said was their reason for being there was actually even their reason for being there? Lots of unknowns.

Also, who better to sell drugs than an MD? Illicit prescription drugs are a skyrocketing market. Just throwing that out from their perspective.

 

[AKElroy]

I would not have let them in the house, and I live in Texas. I know I have done nothing wrong, so I am not concerned about their ability to get a warrant. I would be as polite as possible, and tell them I am happy to cooperate in every way once they have a warrant & I have my attorney available.

 

[Claymore1500]

So Claymore, you're saying we should just surrender our rights because the police are just going to ignore them anyway?

Not saying that, Exactly. Without writing a book on the subject, he could have asked them to verify the address on the complaint first (taking into account that he didn't believe he had done anything to merit the "tip").

Stepping out the door and closing it behind you (possibly locking it as was mentioned) then refusing them access based on "your right to privacy" only, then limiting dialog to only what is absolutly nessesary, along with asking them to leave, I'm thinking that would give them reason to believe you have something to hide.

Discovering thier mistake later, may or may not disuade them from seeing you as a person of intrest.

I will admit, the OP took a gamble, and without being there ourselves, None of us could claim to be able to asses the odds, He came out good this time (atleast so far), also I believe that his awareness should be at a peak for a while. call the PD and question the tip.

A certain amount of cooperation to possibly save some agravation later is also your right, he exersised that right, which was his choice.

 

[cassandrasdaddy]

i think it comes down to one point. if the cops scare you say no.
i ceased being scared of cops a long time ago so i'd say yes. its funny i have to be careful my being not scared makes them nervous sometimes. especially the young cops. i had one ask " have you ever been arrested?" and he kinda jumped when i said "yea lots of times". i ran into a young one with a sense of homour a few months back. my dumpbed trqailer had a short in the lights that blew a fuse in my truck killed the tail lights. he pulled me over came up and did the usual song and dance and since it was late on budweiser and bloomer nite he asked if i'd been drinking. i told him not in quite a while. he asked when was last drink and i told him 92. he said "92? what happened?" i told him last time a cop asked me if i'd been drinking he didn't like my answer and i didn't like everything that happened after that. when he quit laughing he followed me home so no one rear ended me. i sometimes fail to appreciate how good it is to live where there is a decent police force. and i feel bad for all you who live where you think they are so bad

 

[sheepdog]

...to the OP...I don't know you...but I do know law enforcement...and proper police procedure...and the bill of rights...and I do know that quite often there are those in law enforcement who will use any story and any ruse to "get something on" someone...anyone...to make themselves look good...I'm not trying to make anyone paranoid, but I'm saying remember that cops are human and have good and bad...and your constitutional rights and the Supreme Court decisions against unlawful search and requiring probable cause are all about thousands of people whose rights were violated by...the smiling police and other government officials....and do not give up or waive ANY of your rights...there may be a mistake as to person or address...but let me assure you..."...ANYTHING you say CAN AND WILL be used AGAINST you in a court of law..." is required because a whole lotta folks suffered for just talking friendly to the police...and a lot of them had nothing to hide, either...
...I'm not bashing cops...I honor and respect those who are honorable and respectable...this is not about them...
...since you have been warned not to believe internet information....I challenge you to chat this over with a real life paid attorney of your choice, and follow his/her advice...may be the best money you ever spent...

 

[Pweller]

I think it is smart to ask one simple question: "what do you have to gain by letting them search your house?"

In your case, I think the answer is 'absolutely nothing, with a very small chance that you could have something to lose". I think you probably could have diffused the situation simply by talking to them outside.

I'd like to see someone with LEO experience chime in on what is required to get a search warrant. What constitutes 'probable cause'? Is a tip from an informant enough to get a search warrant? Answers to these questions would help determine if allowing them to do a search ever makes sense.

 

[sheepdog]

...the law requires a tip from a "reliable informant" who has knowledge of criminal activity there...and what any judge says fits the bill can run from a to z...more judges buy the story than don't...it's not being unreasonable or "not co-operative" to require that they who are entrusted with seeing that we follow the law....ALSO follow the law....why should we give them a pass when if they find something, they are almost certain NOT to give us a pass...

 

[scoutsabout]

== search warrant ==

I agree with sheepdog.

The OP submitted to a warrentless search of his property.

POOR CHOICE! He willingly suspended his civil rights... and he's lucky it didn't bite him. Also, it sets an incredibly bad precedent for civilians and law enforcement at large. If they get a tip, then they need not go "fishing" but rather attempt to find probable cause and obtain a search warrant.

How you decide to tell them is up to you, but they should not be allowed access to your residence without a warrant. Furthermore, when answering questions that are targeted at identifying you as a possible suspect, keep your answers to the obligatory.

American civilians are not required to willfully incriminate themselves. Submitting to a warrantless search, answering non-obligatory questions, and testifying against yourself (5th Amendment) are all POOR CHOICES.

It goes something like this:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights?

Furthermore, you are constitutionally protected against unlawful search and seizure.

Should you choose to suspend any of these rights, any and all evidence or statements obtained can and will be used against you in a court of law.

Are you afraid of making them do their job the right way? Are you afraid they might have to get a warrant? Do you think it might just be easier and better for everyone if you let them in?

NOT WORTH THE RISK.

 

[mljdeckard]

Do you have any idea how lucky you are? How big of a bullet you just dodged?

Here's why it's a bad idea to let them in, regardless of how clean you THINK you are. Police don't search for fun. If they came out in their party suits, they wanted to have a party. You peed on their charcoal. Many years ago, I was pulled over for doing more than 20 mph over the speed limit on the freeway. The cop was friendly, and asked if he could search my car, and I let him. I was thinking, "he will be so impressed at what a good citizen I am, he will let the speeding ticket slide." He found nothing, like I knew he would. Then (?!) he gave me the ticket anyway. WHY? Because he went to the trouble of searching me and didn't find anything. Was he going to walk away from a 20 min stop empty-handed? No way. Sign here please.

So you let them in. Maybe they really just wanted to resolve the claim. What if they were low on felonies that month? "Sir, I see you have an SKS that has been modified. I don't think that it is compliant with federal laws. Please wait here with these officers while I call the BATFE and ask a judge for a warrant to search the rest of your house." If you really think that cops wouldn't stoop that low, think again. There is a whole book of tricks to get you to give a crack in the door so that they can push the rest of the way in. Anything the find incidental to what they SAID they were searching for is in. Whether or not you thought it was illegal, or if you are ultimately acquitted. You will be putting your lawyer's kids through college, and spending your weekends patching your drywall.

 

[wishin]

Just one more opinion that says, no warrant, no search. All the good and right reasons have been articulated.

 

[billdeserthills]

Guy, you must think that cops planting drugs on a person is just a fantasy. No cop or authority person gets into my home without a Warrant. Last time the police came to my house I asked them to leave, they didn't like that, they liked it less when I pointed to my No Trespassing sign and requested that they Not return. The policeman is Not your friend, sooner you realize that the better for you and your wife.

 

[YaNi]

How were they going to find drugs without a dog? Have they started training drug sniffing cops now? Did they assume you might be stupid enough to leave them laying around?

Something doesn't add up.

When they search a house for drugs they sometimes really tear up the place. I would be wary of a crooked cop planting a bag somewhere in the house. They could either claim it was yours or come back later and bust you for it. Since they searched your house without a warrant there is no real proof that they rummaged through your home and there is a good change they would win in court if it was their word against yours.

I don't trust anyone I don't know. (note the period)

 

[xXxplosive]

Embarassment.....hell yes, with all the neighbors standing there gaulking like it's a crime scene or something and you would let them wander around your house unescourted........REALLY.

Happy Ending......wait till ATF shows up for your reloading equip............and powder.

 

[f4t9r]

All this info , if nothing else will help someone else out that is put in the same position.

 

[cassandrasdaddy]

lol yea we have one guy who actually has been there done that...... and a host of zomg! what if from folks who weren't/ haven't been. lots of important things to learn here

 

[Geno]

The simple solution is abide by the Constitution. If you have done nothing wrong, it's not that you have nothing to hide, it's that you have nothing to prove. Never allow any "authority" into your castle (or any possession of yours) without a warrant...ever.

Geno

 

[windsor311]

SheepDog, you forgot the part about the reliable informant's information must be coroborated bu some means. Example..... A known and reliable drug informant tells the Police that he was at Mr. Smith's house and Mr. Smith was in possession of cocaine. Now the Police have arrested Mr. Smith in the past for cocaine sales but that is not enough PC for warrant to issue. The Police could coroborate the info by pulling the discarded trash from a curb-side can and find evidence of cocaine possession such as cutting agents, cocaine residue, packaging materials,.....etc. They could set up surveilance on the house and watch known drug customers coming and going at which point they could effect a motor vehicle stop on one of the suspected buyers, have a dog sniff the outside of the car which leads to a "hit" on the vehicle for drugs and search the driver, passenger, vehicle and find cocaine.
These are all examples of coroboration. A warrant shall not issue without coroborating information.

I think a conversation at the doorway would have been the proper thing for the OP to do. I would ask quite a few questions of the Officers as to what led them to my house and keep them answering the questions. They might realize they made a mistake with the address as they did in this case. I would certainly be polite and tell them that I would not want ANYONE in my home that I didn't know personally and not to take insult by that. As stated by another here, I would let them know that I'd be willing to cooperate with any Search Warrant if one was obtained.
As a side note, they are not obligated to wait for your lawyer if they do have a warrant. In fact, they are not obligated to let your lawyer in if they are there conducting a search warrant and your lawyer shows up. They can keep the scene "as is" and limit access into the premises during the execution of the warrant.

This is my .02 and I'm not that smart.

 

[sherman123]

I follow the motto: Just say NO... to police searches without warrants.

 

[Buddy Rabbit]

Look officer, a few years ago, I would have gladly invited you in. I truly, honestly have not one thing to hide. Lately, I am confused about the direction in which our beloved country is headed. I see vastly more government intervention into my personal life, and it is happening at an alarming pace. As a result, my 'personal life' is something I now tend to jealously defend. This is my home, and it is intensely personal to me. At this point, I will really need to see some legitimate cause before I allow any further incursion into my life, especially something so personal as my own home.

 

[Dr. Tad Hussein Winslow]

Things went fine in your case, but I still feel its best to treat cops like Vampires. You just don't invite them in.

Sig line material; lmbo!!

 

[cassandrasdaddy]

I spent the first several decades of my life ACTUALLY in opposition to the police, as opposed to just playing that role on the internet. It cost me. Lots of cash and a year or so of my life in several fun places. In that time i was arrested in 6 states and the district. I've seen a couple really bad cops, outa several thousand I got to observe up close and personal, again in real life not you tube. I have never seen or heard of ,personally, again as opposed to on the internet, a cop planting anything on someone. I heard plenty of cons say it but everyone of them would admit to me they were lying. I HAVE met some cops that were VERY impolite and rude to me but none of those instances were felonious. It amazes me when some folks, who would seem to live saintly lives compared to mine seem to have seen/encountered so many bad cops while being saintly. Makes me wonder if they aren't holding their mouth just right or something. A couple of the worst cop haters i've know were ex cops. Funny that in a couple cases there were obvious reason related to their career change that explained it.

When i hung up my james dean jacket and decided to become part of society a funny thing happened. I found myself on the same side as the cops. I wanted an orderly world. It got worse when I had kids I wantd a safe world for them, and strangly enough I saw the cops as a means to that end. Then again for a number of years i was neutered firearms wise so my fantasies of being clint eastwood and protecting my kids and cleaning up society on my own were put on hold. Along the way I continued to have interactions with cops and doggone if I kept having better experiences than all these saintly folk who railed about the police state and such . I was pretty active with a lot of offenders ex and otherwise as well as an assortment of drunks and junkies so I got to meet the cops real often. I had a bondsman who would take my checks.I did get to see a lot of other guys have the negative experiences and in almost all of them where I was there the fault was not all the cops, who'd have ever thought! In most cases it went way past them holding their mouth wrong in many cases I wanted to smack the boys myself.

I had the dubious privilege of being wrongfully charged with a felony and arrested on my birthday and son of a gun the system worked for me albeit a bit slowly and again the cops were very helpful to me in getting it resolved. And thats in spite of my less than saintly past. Amongst the depts that I've dealt with are the Dc Police, MD State Police PG County MD Police VA State Police, Prince William County VA Police, Fairfax County Va Police Stafford County VA Sheriffs Dept , Baltimore Police, Montgomery County MD Police, Park Police in DC and VA. cops in a small town in Texas Texas Highway Patrol Boston Police, Somerville Mass cops, WVA State Police, Pendleton County WVA Sheriffs, Loudon County Sheriffs, Amtrak Cops, US Secret Service Uniformed Division as well as Capital Hill Police. I probably forgot a few but I was real busy and it was quite often drunk outside. How did I manage to careen through life and jails and be so blind as to not see the same horrors that all these more saintly folks are constantly abused by?
I guess i was just born lucky? or like they say god looks after drunks and fools

YMMV and apparently/supposedly has

 

[meef]

Wow... what a coincidence. This is eerily similar to something that happened to me the other day.

There was this knock at the door, so I went to it and looked through the peephole.

There were three guys standing there in smocks with stethoscopes hung around their necks.

I opened the door and said, "Yeah?"

They introduced themselves as doctors and said they'd had a report that there might be someone sick in my house, then asked if they could come in.

I agreed and and they then entered. One of them asked if they could wander around my place and look for evidence of illness and the like.

Since they were being so nice about it I agreed and two of them took off to see what was in my medicine cabinet, make sure that none of my prescriptions were expired, what sort of meds I might keep in the bedroom; stuff like that.

The third one who stayed with me asked if I was sure I wasn't sick. I said, "Nope, I feel pretty good in fact."

He said that you can never be sure or be too careful and asked if I would mind if he gave me a prostate exam.

Now, I could have been stubborn and insisted that he get a warrant for that, but since he was being so nice and polite about it I figured what the heck.. sure, go for it.

Besides, I knew if he had to get the warrant and come back, the exam would be a whole lot less civil.

So I dropped trou, assumed the position and let him exercise his medical expertise.

Shortly thereafter the other two came back into the living room and stated that everything seemed in order. On their way out one of them commented that I sure had a lot of over the counter stuff in my bathroom and did I have allergies or something?

All in all it went pretty well, almost pleasant even.

Wonder which one of my neighbors might have reported illness at my place.

Also wonder if there was anything I overlooked, did wrong, or could do better next time?

 

[joeyl]

Hi everyone first post here, I've been lurking for awhile. I live near Chicago. I know a couple of cops they're good people. The majority of CPD are decent and upstanding but there are also some bad apples it's also a known fact the CPD has been infiltrated by gangmembers and some sympathetic to them. I imagine every major city has the same problem. You wouldn't want one of the few bad ones to see something that they might want in the future ;-) You have done nothing wrong that the police should be searching your house. They basically accused you by asking to search. I would have spoken to them outside. Said I am not involved in any drug dealing have a good day. In fact I would have acted a little perturbed and said that I am a professional doctor, I'm an upstanding citizen with no criminal record, own a house etc... and told them I don't appreciate them implying that I am some sort of degenarate criminal. In a polite manner of course.

 

[David E]

They did nothing without my permission.

I inform the cop nearest the couch that there's a pistol in the cushions. He drops the mag and unloads the chamber, placing it all on the coffee table.

Did they ask your permission to touch or unload your gun? No, I didn't think so.

They did not disarm me.

They most certainly did. An empty gun is a useless gun.

You may have come thru this episode fine in your eyes, but it wasn't because of anything you did.