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Old 08-23-2004, 11:16 PM   #1
kripto
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Default SWAT entry - no warrant

I would really appreciate it if someone here could give me some legal knowledge or opinions on this subject. Here is the situation:


A couple of weeks ago a police officer came to arrest my neighbor (who rents the other side of a duplex I own half of) for violating a restraining order. He was outside when the officer drove up. My neighbor turned around, went inside, and locked the door. After getting no response, and knowing the suspect has several weapons registered under his name, the officer called the SWAT team to back him up. I was not at home while this was happening, my girlfriend was, and I was on the phone with her when she told me three guys in black with helmets and M-16s were knocking on the door. She opened the door, they grabbed her and yanked her out and made her come with them. First of all, I was not happy with this - are they actually allowed to do that if she wanted to stay? That wasn't really too big of a deal though, they were honestly trying to help her because they didn't know what to expect. The next problem came a couple of hours later - I got a phone calland it was a SWAT officer. He told me that while he was in the house my dog bit him, and wanted to know where his rabies papers were. I was shocked. What? In my house? With whose permission? I guess that is another question - do they need permission to do this. They sure as hell didn't have any from me or my girlfriend. by the way, my dog is a two year old chocolate labrador who has never bitten anyone, nor would he unless seriously provoked. I guess the dog poop and pee all over the floor was proof of his provoking. Anyhow here is the major problem, or maybe not even a problem at all - the SWAT officers had to go into the closet in my room to check my attic, this is where I keep all of my weed and pipes and things put away. There are several things scattered around my walk in closet, I'm sure they saw the bong, I had about a half oz of weed in a box - they would of had to open it to see the weed - and other random paraphanelia that I had privately put in my closet. My question is this: if these officers saw any of these things is this enough probable cause for a search warrant? And to stretch this question a little further, let's hypothetically say I had an ounce of crack rock on my dining room table - would this be enough for a warrant? it was nothing that serious, but I'm basically wondering since they had no warrant, can they use anything that they see to obtain a warrant? and to top it all off my dog was a month late on his rabies shot so they took my "vicous" chocolate lab and quaranteened him in a kennel for 10 days. at my expense. $150. I'm still shocked.

thanks for your responses.
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