# The police wanted to search my home. What??

**URL:** <https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799>\
**Category:** In My Humble Opinion\
**Created:** [September 18, 2014, 4:46am UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799 "2014-09-18T04:46:35Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 18, 2014, 2:45pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/41 "2014-09-18T14:45:53Z")

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Well, I guess you’d know.

You know, because of your handle. 😉

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**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\
**Post date:** [September 18, 2014, 4:01pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/42 "2014-09-18T16:01:25Z")

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My friend called about her neighbors who really were drug dealers, and they always told her that they couldn’t do anything based just on her word. And there wasn’t enough money to stake out a house for something so minor.

The fact that they didn’t have a warrant probably means that they didn’t have sufficient grounds to get one. Nor should they be able to because you’re innocent.

You were right to refuse them entry. If they come around again without a warrant, politely refuse. If they persist, say that you’ll let them know after you speak to an attorney. And then get one.

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**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\
**Post date:** [September 18, 2014, 4:19pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/43 "2014-09-18T16:19:24Z")

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> [@Bad\_News\_Baboon](#):
>
> Really, the only thing I can possibly think is a wrong address: they meant my neighbors.

Another possability: Perhaps your neighbors are using _your_ address for certain, ahem, questionable mailings, and somebody watches for the mailman and grabs the package right after it’s delivered, before you/mom/daughter collects the mail.

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**Author:** ![Shoeless](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shoeless/32/7099_2.png) [@Shoeless](https://boards.straightdope.com/u/Shoeless)\
**Post date:** [September 18, 2014, 4:36pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/44 "2014-09-18T16:36:35Z")

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You’re not growing tomatoes indoors or anything like that, are you? There were a few incidents last year in the KC area where cops were staking out shops that sell hydroponic gardening equipment, then executing drug busts on the houses of customers on the pretence that they had bought equipment that could be used for growing pot indoors.

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**Author:** ![Raza](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raza/32/213_2.png) [@Raza](https://boards.straightdope.com/u/Raza)\
**Post date:** [September 18, 2014, 4:42pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/45 "2014-09-18T16:42:27Z")

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I’m going to third (_fourth?_) the idea of wrong address. Because there were cops apparently from several different jurisdictions, I’m guessing a drug task force. That, plus the appearance of a dozen or so total personnel at both locations, indicates this wasn’t someone acting on a vague clue or looking for a ZipLoc of pot.

Plausible scenario that fits in with my experience: they bust a druggie, and he flips and says he’ll give up his supplier. The druggie is a little unsure of the exact location, because he’s only been there once or twice at night, and he wasn’t even the driver, but he _thinks_ it’s that house; except he’s off by one.

If the druggie had just made the purchase within the last two hours, the task force members want to move fast to catch the supplier with as much stuff in the house as possible, which explains the lack of a warrant and yet such a large contingent of personnel. All of their moves would’ve made sense if they had only been to the right house.

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**Author:** ![Orwell](https://avatars.discourse-cdn.com/v4/letter/o/dfb087/32.png) [@Orwell](https://boards.straightdope.com/u/Orwell)\
**Post date:** [September 18, 2014, 5:01pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/46 "2014-09-18T17:01:33Z")

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How bad did the cops tear up your house? I’ve heard horror stories, but perhaps they quickly figured out they were in the wrong house.

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**Author:** ![Dale\_Sams](https://avatars.discourse-cdn.com/v4/letter/d/779978/32.png) [@Dale\_Sams](https://boards.straightdope.com/u/Dale_Sams)\
**Post date:** [September 18, 2014, 5:07pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/47 "2014-09-18T17:07:21Z")

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I’d be just as polite and cooperating as they are. Once they start acting like dicks, the conversation is over. Ask if you’re under arrest or being detained. And refuse to allow the search because 1)It’s your right. 2) You don’t trust cops who don’t understand the law.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [September 18, 2014, 5:12pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/48 "2014-09-18T17:12:06Z")

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> [@Bad\_News\_Baboon](#):
>
> I can understand this, really. Believe me, I’ve nothing to hide at all. But if I’m not under arrest, can he require me to not make a call?

You _DO_ have things to hide, but likely not serious narcotics issues.

Ask “Am I free to go?” If not, or they stop you from making a call, then you are under some form of arrest.

You need to consult a attorney. Now.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 18, 2014, 5:15pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/49 "2014-09-18T17:15:12Z")

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You were right to insist on a warrant and you were right to remain calm and polite about it.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 18, 2014, 5:28pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/50 "2014-09-18T17:28:30Z")

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I got nothing to hide either, but I would insist on a warrant before I let any authorities search my house. When they started their demeanor about not having anything to hide…just tell them you watch Law and Order on TV, bid them good day and shut the door, or in your case, get in your car and leave.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 18, 2014, 5:30pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/51 "2014-09-18T17:30:51Z")

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Also, Bad News Baboon, just imagine there’s some room in a nearby law enforcement office with a bulleting board, with your photo tacked up to it, as a part of some drug empire investigation, with string stretching from you to your presumed overlords.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 18, 2014, 5:32pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/52 "2014-09-18T17:32:09Z")

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> [@Mangetout](#):
>
> Are they permitted to gain that consent by threatening to return and kick the door in?

They probably would testify that they didn’t exactly phrase it that way.

- Rouse v. State\*, 643 So.2d 696, 698 (Fla.Ct.App.1994) (consent was not voluntary where individual repeatedly refused a request to search and the officer only obtained consent by saying he would wait as long as it took to determine if drugs were present and he would call in a canine unit to sniff for drugs).  
See also

> [@](#):
>
> Antonelli also argues that his ex-wife’s consent was not voluntary because the agents suggested that they would get a search warrant when Mrs. Antonelli initially expressed reluctance about turning the computer over. However a threat to obtain a search warrant does not render consent involuntary unless the threat is baseless or not genuine. _United States v. Scheets_, 188 F.3d 829, 840 (7th Cir.1999). Antonelli concedes the agents were investigating his possible involvement in a crime, and there is no evidence that the agents were insincere when they promised to get a warrant. In addition, it is undisputed that the agents did not physically threaten her, did not have her in custody, and allowed her a day to reconsider her consent, all factors indicating valid consent.  
> \*  
> Antonelli v. Sherrow\*, 246 F. App’x 381, 384 (7th Cir. 2007)

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [September 18, 2014, 5:44pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/53 "2014-09-18T17:44:40Z")

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You did the right thing, and kept your cool most people fold like paper so bravo.

I wouldn’t even answer my door if it was a cop, if they have a warrant they won’t knock, and if I open it to speak to them they can lie and claim they see drugs on a table or smell weed or whatever.

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**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\
**Post date:** [September 18, 2014, 5:55pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/54 "2014-09-18T17:55:56Z")

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A few years back, a co-worker got laid off. He flipped out and, for some reason, called a Hot- line and ratted out everyone at work who did or didn’t do something illegal. Two plainclothed guys came to my house and I met them outside. They thought maybe I’d rather talk inside. I declined. One says something like, “there’s a report that you smoke marijuana”. I said, “yeah, I smoke it” He asked to search my house, which I said no, and he said something about maybe coming back with a warrant, which I wasn’t worried about as my house at that time was clean. The younger, dumber cop asked, “where do you get it? You have to get it somewhere”. I laughed, “I’m sure I’m going to tell you!”  
I did throw him a bone though, and let him search my car.

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**Author:** ![Dale\_Sams](https://avatars.discourse-cdn.com/v4/letter/d/779978/32.png) [@Dale\_Sams](https://boards.straightdope.com/u/Dale_Sams)\
**Post date:** [September 18, 2014, 6:15pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/55 "2014-09-18T18:15:37Z")

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> [@Son\_of\_a\_Rich](#):
>
> A few years back, a co-worker got laid off. He flipped out and, for some reason, called a Hot- line and ratted out everyone at work who did or didn’t do something illegal. Two plainclothed guys came to my house and I met them outside. They thought maybe I’d rather talk inside. I declined. One says something like, “there’s a report that you smoke marijuana”. I said, “yeah, I smoke it” He asked to search my house, which I said no, and he said something about maybe coming back with a warrant, which I wasn’t worried about as my house at that time was clean. The younger, dumber cop asked, “where do you get it? You have to get it somewhere”. I laughed, “I’m sure I’m going to tell you!”  
> I did throw him a bone though, and let him search my car.

On that Vegas Strip show, the cops arrest people under 21 who have admitted to drinking. Or issue a ticket. (If the cops feel like it)

I’m curious if cops do that when people admit marijuana use.

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**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\
**Post date:** [September 18, 2014, 6:34pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/56 "2014-09-18T18:34:18Z")

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> [@Dale\_Sams](#):
>
> On that Vegas Strip show, the cops arrest people under 21 who have admitted to drinking. Or issue a ticket. (If the cops feel like it)
> 
> I’m curious if cops do that when people admit marijuana use.

Rethinking my incident, I wonder if my admission could have constituted “probable cause”.

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**Author:** ![Bad\_News\_Baboon](https://avatars.discourse-cdn.com/v4/letter/b/5fc32e/32.png) [@Bad\_News\_Baboon](https://boards.straightdope.com/u/Bad_News_Baboon)\
**Post date:** [September 18, 2014, 6:36pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/57 "2014-09-18T18:36:18Z")

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> [@DrDeth](#):
>
> You _DO_ have things to hide, but likely not serious narcotics issues.
> 
> Ask “Am I free to go?” If not, or they stop you from making a call, then you are under some form of arrest.
> 
> You need to consult a attorney. Now.

I’m not understanding your insinuation, but no, I don’t have anything to hide.  
I have contacted an attorney.

My mom said that when the searched her room, all they did was shine a flashlight under her bed. That was it.

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**Author:** ![Bad\_News\_Baboon](https://avatars.discourse-cdn.com/v4/letter/b/5fc32e/32.png) [@Bad\_News\_Baboon](https://boards.straightdope.com/u/Bad_News_Baboon)\
**Post date:** [September 18, 2014, 6:37pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/58 "2014-09-18T18:37:57Z")

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> [@Omar\_Little](#):
>
> Also, Bad News Baboon, just imagine there’s some room in a nearby law enforcement office with a bulleting board, with your photo tacked up to it, as a part of some drug empire investigation, with string stretching from you to your presumed overlords.

Well, you know, I am Hispanic and from El Paso, originally. I can only hope that I get a cool nickname for when my drug empire collapses. 😉

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**Author:** ![Orwell](https://avatars.discourse-cdn.com/v4/letter/o/dfb087/32.png) [@Orwell](https://boards.straightdope.com/u/Orwell)\
**Post date:** [September 18, 2014, 6:45pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/59 "2014-09-18T18:45:13Z")

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> [@Son\_of\_a\_Rich](#):
>
> A few years back, a co-worker got laid off. He flipped out and, for some reason, called a Hot- line and ratted out everyone at work who did or didn’t do something illegal. Two plainclothed guys came to my house and I met them outside. They thought maybe I’d rather talk inside. I declined. One says something like, “there’s a report that you smoke marijuana”. I said, “yeah, I smoke it” He asked to search my house, which I said no, and he said something about maybe coming back with a warrant, which I wasn’t worried about as my house at that time was clean. The younger, dumber cop asked, “where do you get it? You have to get it somewhere”. I laughed, “I’m sure I’m going to tell you!”  
> I did throw him a bone though, and let him search my car.

Not to pile on, but letting them search your car without a warrant was reckless and foolish. Given that you admit smoking weed, don’t you think there was a chance there were some seeds, a roach or some paraphernalia that might be under a seat or in a door panel or even between a seat and seatback? Make the cops get a warrant. Yes, they will intimidate, threaten, cajole and act like pricks. Let them and ask if you are being detained or are free to go. Hopefully, you have a way to record what is going on.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [September 18, 2014, 6:47pm UTC](https://boards.straightdope.com/t/the-police-wanted-to-search-my-home-what/698799/60 "2014-09-18T18:47:06Z")

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> [@Son\_of\_a\_Rich](#):
>
> Rethinking my incident, I wonder if my admission could have constituted “probable cause”.

No. Not by itself.

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