Illegal search

Arsenio Teun

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If a police goes to a house based on a false claim to investigate something and the owner of the house is not there and there are minors at home (teens) is it illega for them to enter the home. The police did not have a warrant, but was answering a call that she had drugs. When they entered they searched all over opening cubboards, etc., and looked every where and confiscated drug paranalia ( a bong) . I am not asking if one approves or not but if what the police did was illegal. The tenant of the property arrived after the search took place. Can she sue the police? what can she do to make it clear on record that the police were wrong?
 
They need a warrant -- UNLESS the occupant of the house gives them permission to search.
The fact that it was a minor at home -- rather than an adult -- may be a mitigating factor in "granting permission."
Call a lawyer.
 
First.....

What country are you talking about?

Second....

If you're talking about Japan, the courts here don't exclude evidence obtained through illegal search and Japanese judges approve close to 99% of police requests for warrants, with little or no scrutiny of the request. Add those two facts together and it is not surprising the police sometimes take a rather lackadaisical view of warrants.

Third.....

How do you know they didn't have one?
 
Japanese cops do what they want. Japanese people also extend to one another a level of understanding and trust that stops with foreigners in many cases. So even if the kids hadn't been home the landlord could have let them in for all you know. Think of yourself as a guest at someone's house, and the room you're staying in as being part of the owners house. There are certain circumstances here and there preventing the person from coming in, but ultimately it's their house so they can come and go as they please and enter that room anytime. If you think of Japan like this a lot of things start to make sense. The cops do this kinda stuff to regular Japanese people too by the way so to think they wouldn't do it to foreigners is ludicrous.

In very general terms unrelated to this specific case, what they're relying on is 1) you not knowing the law 2) you not speaking Japanese or knowing it well enough to act in case of any infractions of the law and 3) you not caring enough or having enough money/balls to stand up and/or pay for a lawyer in case of 1 and 2.

In my country, what the cops did wouldn't have been legal -UNLESS- the children themselves were believed to be in imminent danger, which would be a completely different case involving the Children's Aid Society etc. etc.
 
Japanese people in general don't give as much thought to individual liberties as do people in some other countries and there is a tendency to acquiesce in the face of authority, with people sort of viewing the government as a paternalistic/maternalistic entity. The short version of that sentence is: This is a nation of sheeple.

A few years ago I was sitting in line down at the container yards in Tokyo when everything shut down for the lunch hour. A bunch of folks in neat work clothes and with arm bands identifying them as being from the Tokyo tax authorities came around to all the trucks to collect fuel samples to check for the presence of kerosene mixed in with the diesel (a method of avoiding fuel taxes). Every driver got down out of his truck and opened their fuel tanks to give a sample....without question.

It was a different story when they got to me. I asked, "When a government entity comes around to confiscate the people's private property, don't you need some kind of warrant? What is your authority for this activity?"

"It's purely voluntary."

"Then I will cooperate."

People are used to the public schools, for example, giving dictates and directives on what the school kids can and can not do outside of school hours, outside school grounds, and even in their own homes.....and people just go "okey-dokey". I'll never forget the time my son's elementary school sent around a paper saying, among other things, that we should have them take a sh+t first thing in the morning prior to sending them to school. I ranted and raved on that one for quite a while.
 
In my country,Police can not in to houses unless they call the owner or talk to the people in that house.
Maybe it's different here because it's a big mistake to enter houses without the owner's permission.
It depends on the case after all.
 
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