Arrested 4 months after the incident... Why such a delay to arrest me?

[KellySmith]

Police showed up at my house 11/11/2005 with a warrant for a friend who did not live at my house but was there at the time they arrived. The police then searched through everywhere they wanted to in my house and found some drugs and paraphernalia. My first question is where they allowed to search through my things when they were there for a person (he had domestic violence charges)? That night I was NOT arrested. On 03/31/2006 is when the police came back to my house and arrested me for what they found on 11/11/2005. On my court docket it says that the incident happend on 11/11/2005, the case was created on 12/08/2005 and my arrest date is 3/31/2006. My second question is Why such a delay to arrest me and could I of got this all thrown out of court? Do I have a case now against the police department, etc.?

[goddessoflubboc]

They do not have to arrest you immediately. No, you don't have a case against them. Could you have gotten it thrown out? Who knows, but not based on a delay in arresting you.

[sandyclaus]

And WHY are we bringing this all up 6 years after the fact? What has happened to dredge up the past like this?

Originally Posted by KellySmith Police showed up at my house 11/11/2005 with a warrant for a friend who did not live at my house but was there at the time they arrived. The police then searched through everywhere they wanted to in my house and found some drugs and paraphernalia. My first question is where they allowed to search through my things when they were there for a person (he had domestic violence charges)? That night I was NOT arrested. On 03/31/2006 is when the police came back to my house and arrested me for what they found on 11/11/2005. On my court docket it says that the incident happend on 11/11/2005, the case was created on 12/08/2005 and my arrest date is 3/31/2006. My second question is Why such a delay to arrest me and could I of got this all thrown out of court? Do I have a case now against the police department, etc.?

Why are you asking now? Surely your case has gone to trial by now?

Unless the police had a search warrant, they conducted an illegal search of the home. Your attorney must realize this.

[KellySmith]

It's an unresolved issue to me. Yes the case is over, been over since 2006 but it doesn't mean I get to forget about it. It blows my mind how the police rely on you not knowing your rights which enables them to do whatever they want and get away with it. My case is a prime example. It's ok for them to lie to you but lord forbid if you try to do it, then it's against the law. Let's be honest, it's your word against theirs and at the end of the day your word doesn't mean a damn thing unless it's protected by a badge and a gun. What's the difference between a bully and a cop? Nothing.

[BOR]

Originally Posted by KellySmith Police showed up at my house 11/11/2005 with a warrant for a friend who did not live at my house but was there at the time they arrived. The police then searched through everywhere they wanted to in my house and found some drugs and paraphernalia. My first question is where they allowed to search through my things when they were there for a person (he had domestic violence charges)?

I assume this was an arrest warrant for him. Absent odd circumstances, if he was not a resident there at your home, they also needed a search warrant to enter, even if they made no search of your home as described.

When a person who is listed on an arrest warrant is at another's home, an arrest warrant to enter is not sufficient.

Absent some legal surpises, searching your effects was unconstitutional. I do not know the facts, therefore can not comment.

That night I was NOT arrested. On 03/31/2006 is when the police came back to my house and arrested me for what they found on 11/11/2005. On my court docket it says that the incident happend on 11/11/2005, the case was created on 12/08/2005 and my arrest date is 3/31/2006. My second question is Why such a delay to arrest me and could I of got this all thrown out of court? Do I have a case now against the police department, etc.?

As long as the arrest was made within the statute of limitations for the crime, it is legal.


We are talking a period of less than 6 months here, hardly any waiver theory to arrest.