search warrant issues--please help!

my husband & i were raided in may. i am having some serious doubts about the validity of the search warrant--no address, simply (bad) directions to our house, which was also stated as the wrong color--no name besides John Doe--also, they strip searched me, which i have heard is illegal in the the case of a home search. our lawyer (a hometown boy in a small country town) is telling us that none of this really matters. any knowledge will be helpful, whether you have had a similar situation, or have legal experience. we go to meet with the da to make or reject an offer 1 week from today. thank you, thank you, thank you!!!

 

they strip searched you? i don't think thats allowed, at your home especially, unless they have reason that you may have drugs in you? im probably way off, but i know that just doesn't sound right, fight it

 

i had my house raided once and they found drugs, plants, etc..they had no warrants and totally fucked me over. but in court it was my word against 3 police officers. lol. of course the judge took there side. its not what is legal its what they can get away with.]

sorry to here that happened

 

They can search your person during a raid to see if you have weapons (that's standard procedure). Obviously if they find anything illegal on you, it can be used in a court of law.

I'd find another lawyer. If the warrant only states the name as "John Doe", it is most definitely not a legitimate warrant. In order to obtain a warrant, the police have to get it signed and dated by (1) the Chief of Police and (2) a judge. If the warrant doesn't have any of the resident's legal names on it (much less an address), it simply is not a legally binding document.

When the police came to your door with the warrant, what did you say? Did you ask to see the warrant before you allowed them entry? If not, then you pretty much screwed the pooch by giving them entry without the need for a warrant (permissible search).

Don't plan on getting anything back, though; and if need be, the State holds the right to seize any property connected to narcotics, whether you're ever charged with anything or not. I'd most definitely find the best attorney possible, and depending on what you were caught with, would plan on having a pretty nasty battle in court...

 

Sounds like you had the good ole reliable court-appointed attorney on that one.

 

actually, we were asleep (10:30 pm, what party animals) so we woke up to cops standing over us. nice, huh?

 

Then I'd definitely go find a better attorney...the attorney I've used the most deals specifically with criminal cases, most of which are narcotics-related, so I'd shop around abit...

"Here, you can just go ahead and put the cuffs on yourself!"

 

Your lawyer is for all practicable and realistic purposes right. Unless you have a very large amount of money to spend paying for high powered attorneys to contest judgements, you're basically SOL. The court system is no where near fair or impartial.

 

What did they find?

 

Wish it wasn't true but it is..

 

Get a real attorney.

He should file a motion to quash the warrant as being to general.

If successful (and if all you say is the whole story, it probably will be) the evidence will be surpressed, and you're home free.

Not as expensive as you might think.
Nor as difficult.

Google a drug lawyer, not just a defense attorney.

 

Search warrants MUST have accurate names of residents AND detail what in fact they are looking for. You have the right to keep and hold the warrant. Anything seized other than what they are looking for is not admissable. You can make your own motion to dismiss this case and outline the deatils of the warrant...the name on it and what was done to you in the processes. I would also file civil complaint against the Police department for xiolation of your constitutional right prohibiting illegal search and seizure. A John Doe warrant does NOT work for entry to a private residence. Go to the court and get motion paper and file with the clerk for dismaissal on the basis of illegal search and seizure. Then file civil complaint against the arresting Department. You won't get your stuff back but the case will be dropped.