What gives them the right to search?

[tascott]

What is the name of your state? Indiana..... Can anyone tell me if an open window at my home (that I'm currently not living in due to underground contamination issues) gives the local police (5 of them) to enter my home and search through everything, including attic, garage, and personal things? This is a front window and has been open with a screen since Spring time. Even if they did "JUST" now notice a window was up for the first time, I dont feel like they had a right to go into my home and look around without good reason. Before you ask, I am NOT involved with any drugs nor do I have any friends that do drugs. (Not around me anyway)....... Can someone tell me what gives them the right?

Thanks

 

[stephenk]

depends. did the police tell you they thought the open window meant someone had broken into the home? if yes, they had the right to search the house to see if anyone was inside.

what reason did they say for searching your home?

 

[Bravo8]

Yes, I could easily articulate that the newly discovered open window (in the cold winter....it is unusual) may indicate that someone had unlawfully entered into the home. This would only give the police the right to search areas where a person could hide. No looking through dresser drawers, kitchen cabinets, etc.

 

[hmmbrdzz]

If the home was unoccupied and a window was opened, the police could have entered your home depending on what or who they were looking for and probably could have entered on suspicion alone that someone might be in there unlawfully. If they were looking for something or someone and had to access the building in order to attempt to find it, that would be "their right", i.e. their cause -- and then -- depending on what they saw upon entry, they would have further rights to do a more thorough search. What do you think they saw that caused them to search other than looking around? Did they ransack your place or leave it in disarray? Did they notify you of the search afterwards or did you just happen to find out about it? Have you filed a complaint?


hmmbrdzz

 

[tascott]

I should have been more specific, but this has been an ongoing situation and if I write the whole story at one time, people WILL NOT believe what they've done to me since my DUI in 1999. Biggest mistake of my life and that was just the beginning. If you read any of my other posts, you can see that I've asked little by little.... It was around the beginning of Ocotber when they went into my home. The window had a screen too... The problem was that I was getting ready to go to trial over a police report I filed and had been locked up for (28) days over their mistake. Due to probations ORDERS.. I had to move into my mothers home with my 4 and 8 year old kids although I owned my own home since 1995. The police knew I was staying at my mom's (because of probation) and had the dispatcher call my mom at 1:30am and tell me they needed me to come down there immediately. My mom said " My mom told her that I work over 12 hours a day and have 2 children in bed and she would NOT wake me up. She got in her truck and drove down to my home. (about 12 blocks) away. The only thing they had to say to my mom was "Where's Tracy?" My curfew for probation was at 10pm. They said they were just wanting to check things out...... The night before that they tried to say I failed the sobrietor on the telephone..... I had not drank alcohol in a long long time..... they told me I registered .14 at 6am before I left for work. She called immediately after I blew in the BI Incorp. telephone sobrietor. She told me that I was not to drink anything to dilute because they'd be able to tell and I was to come up to the probation dept for a urine screen around 11am. I told her that if they were trying to tell me I just registered on the sobrietor, I was NOT going to wait until NOON so they could violate me again, and I was going directly to the police dept...... She again said "NO" I was not to go up there until 11 am when the probation dept was in. This was on a sat.... I chose to be late to work and go directly to the police station anyway...... My mom and I walked in there withing 8 minutes of the test... I told them I wanted them to test me right then for any alcohol in my system and told them why.... They did and it was 00. I went to my lawyer that day and told him what happened. He called them while my mom and I were sitting there and she said, "She didn't fail the sobrietor, we just wanted to test her again for drugs..... I have never failed a random drug screen through work, probation, etc.... They Knew it had nothing to do with drugs, but when my lawyer told them about me going up to the police station anyway when they said NOT to, they could no longer say I failed...... okay, this is way to long but there is sooo much they've done..... Just like calling the next night down at my moms telling her they needed me to come down there right away..............

 

[hmmbrdzz]

You're right -- this people doesn't believe it.

hmmbrdzz

 

[tascott]

Okay, I know there are some that add to there story to make their case better, but that isn't the case here. I never got to go in front of the judge and ask her why she locked me up for 28 days. I spent 3 days in jail for a warrant that wasn't pulled from the system. My "ONE" phone call was to call my probation officer to tell him that I was being arrested for the warrant he never pulled from the system for being less that 100 dollars behind on probation fees. This happened on friday. "My probation officer called to the jail on sunday at midnight and told them it was a mistake and to release me.... I was released Thank GOd but it was 35miles away from home, with no money in my pockets, and no way to get home...... On Monday afternoon, probation came to my home and said they were sorry that I had to spend the 3 days in jail because they didn't get my warrant pulled from the system. He told he felt bad because he hadn't got the message until sunday night.. yeah right .... He had me sign papers saying I didn't have to go to court and it was just dropped. Well, the day that I should have been to court over their mistake, I ended up getting my license suspended for failure to appear..... What is wrong with this system?????? Why was everything dropped before I got to go to trial over being locked up for 28 days? Why did they refuse to let me take a polygraph test....... Listen, the only thing I'm looking for here is for them to come out and admit all the things they have done to me. Is there any way to get them to submit to a polygraph test? This has to stop and I want them to go through a trial just like a real criminal would... not just dismiss everything after you spend 28 days in jail away from your two young children. I don't know what to do. They took me off probation on the 22nd of Nov. and all my questions are unanswered..... Where do I go to force them to have to explain their "REASONS" why I have been locked up??????? (Please don't say City court) because I've BEEN THERE, DONE THAT........ Okay, once again unbelievable?????Call and ask them why Tracy was locked for the 28 in August? If they say probation violation, ASK THEM WHY and LET ME KNOW......Their number is 765-552-7273 Question them about anything I've told ya.....