Charlotte Williams 0

Fourth Amendment of the Constitution

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Q Officer, when you went to the defendant's home that day were he lived, did you know who that house belonged to?

A I had a good idea it belonged to his father.
Q Did you ask his father if you could come in the house?
A No, he wasn't there.
Q All right, Did you attempt in any way to contact the defendant father or mother and seek permission to come into the home?
A No
Q You knew you were going out the next day to search their house. Did you go to a judge and get a search warrant?
A No, sir
Q All right, did you at that time, before you went in that home, advise the defendant that he was a suspect?
A In a sexual assault?
A No
Q Attorney: Your Honor, I move that anything that he says and any information he gained is stricken, It's clearly illegal.
By Prosecutor
Q Do you have a consent form with you?
A I didn't have a consent form with me.
The Court: Now, attorney, what was you objection to the search?
The attorney, Your Honor, the first place, he didn't have a search warrant.
The Court: All Right
Attorney for defendant; The person that owned the house did not give the consent , and if the defendant had given the consent, he didn't advise him of his rights before he come in there.
Attorney for defendant (2) He also testified, Your Honor, that he didn't even advise him that he was under arrest for anything or being charged with anything.
The Court: What rights did he have to advise him of?
Attorney for defendant: Well he's gathering evidence and having the man to give evidence against himself and he's not even advised him he's under arrest to charged with anything. He knew who the house belonged to the day before he went out there. He knew he was going, what he was going out there for. He had all the time in the world to get a search warrant. He didn't it's clearly illegal.
The Court: I have no testimony as to what point he served any warrant or if he even served a warrant.

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