Police searched my backyard when I was 2 houses over, not in sight?

Question

About 4 Police cars came and entered my backyard without a warrant. Said they had a call that I was using stolen lumber to build a fence. They removed all the lumber and took it to the person who filed complaint. Now there is NO EVIDENCE that it was NOT their fencing. I was arrested for theft because I wouldn't tell them who sold me the fencing. Any idea what I need to do to prove my case with no evidence?

Answer 1

Sounds like your 4th amendment rights were violated. You need to speak with a lawyer about what can be done.

Answer 2

Seems to me they should have either called first to see if there was someone home at the time of the search, or they could have just looked around and then had an officer wait till someone arrived at your home and then asked to question you.They should have NEVER removed anything until they spoke with someone.Although you didn't tell them who sold you the fencing, you should have,then they could have questioned those involved and made a conclusion to who was telling the truth or who had receipts for the lumber ,before making an arrest.

Answer 3

No warrant required. Contrary to the expert opinion here, the 4th Amendment only protects you from "unreasonable searches".

If you had legitimate ownership of the lumber then you would have told the police officers...the fact that you couldn't speaks volumes and will result in your conviction.

Its simple...WHERE DID YOU GET THE LUMBER FROM? and WHY DIDN"T YOU TELL THE POLICE?

EDIT-why would "he" come after you if you bought the lumber legally...makes no sense.

Answer 4

Well who did you buy it from??? Did they steal it before you bought it. If so, the cops will take care of them anyways just ask to speak with the cops. Tell them that you bought it and why you didn't tell them at first. They will take care of the person. And if they didn't steal it then sell it to you why would they care if you told the cops who you bought it from??

Answer 5

without a warrant they cannot take anything. did the other person have proof that they bought the lumber? did they have a receipt? when you go to court the search will be invalid because there was no warrant - that was a violation - illegal search and seize. second to give the evidence away without proving that it doesn't belong to you.

You need to prove that you bought that lumber fair - without knowing that it was stolen (if it was). that's all!!

Answer 6

Do you have a receipt for the lumber?  Lumber purchased legally would have a receipt to prove the purchase.  Why wouldn't you tell them where you bought the lumber if it is legally purchased?  

The police can enter your yard without a warrant.  They probably shouldn't have given the lumber to the person that filed the complaint as it should have been held for evidence.

EDIT: So you knowingly (or at least suspected) bought stolen property and are guilty of possession of stolen property.

Answer 7

BETTER BRING A RECEIPT FOR THE PURCHASE OF THE LUMBER OR CASE CLOSED YOU STUCK WITH THE CASE POSSESSION IS 90% OF THE LAW.

Answer 8

Sounds like the cops had nothing better to do that day!  Why not the SWAT team!!  Christ its just lumber!!  Does the person who filed the complaint have proof of who the lumber belongs to?  If not they don't have anything!

Answer 9

just plea the 5th.

Answer 10

You can play it this way.  Do you have a truck capable or vehicle capable of carrying the lumber?  If not, you didn't steal it, you bought it from a guy driving around the neighborhood.  I see guys in my area doing this all the time, when they have left over material from a job site (or rather pulled it from a site).  Whatever, its the same as girl sout cookies.  You don't know if they girls are legit either.  If you have a truck, well...

BTW, if they have no evidence other than he said or he said.  It sure won't go to court.  It will cost way more for the guy to sue you than to settle out of court.  This all leans to the guy just being a normal non rich fellow.  You get a Public defender, he has to hire someone.