Deleted user
posted a year ago
Did the police overstepped their authorIty
The police were at my house because my husband and I reported a crime. The officer saw a bong that our friend had left on the table and we failed to notice. The pipe was not there, so there was no illegal substance present. He asked what it was for, and my husband at first said tobacco, but when the officer clearly didn’t believe him, he said it was meth, but it was not ours. My husband left the room to get something, and the officer followed him down the hall without permission and saw his bong in the bedroom that did have Meth in it. He called it in, and more officers showed up, including one that had been at our house for a wellness check before and knew my husband smoked fentanyl. The officer asked where it was, and my husband would not answer him. They arrested him, and searched the house. I did not stop them, but I did not give them permission either. They found Fentanyl and more paraphernalia. They charged him with misdemeanor possession of drug paraphernalia and felony possession of Meth, and told me they were charging him with possession of Fentanyl too, but have not added the third charge yet. If they had not followed him down the hall, they would only have had enough to charge the misdemeanor. I need to know if they had any right to go down that hallway without obtaining permission or a warrant.
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  • United States
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  • Criminal Litigation
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divetic
Deleted user
Lawyer
posted a year ago
Typically, police officers have a right to conduct a search without a warrant in several exceptional circumstances. One of these circumstances is when they see drug paraphernalia in plain view. Thus you would have a difficult time of seeking to say the search is invalid for lack of a warrant. In these circumstances (especially as your husband conceded "meth" instead of invoking right to silence) they would have a limited right to search. Also, the issue of "your permission" is not relevant since they saw in plain view drug paraphernalia evidencing a felony. Still I would recommend that you consult with a criminal defense attorney in your jurisdiction if you have not already, to see what other ways to try and protect yourselves.
oobasogie
Deleted user
Lawyer
posted a year ago
The police have general powers of investigation. The crime that your family reported and the crime that the police is alleging against your husband can all be investigated. But the crime reported by your family upon which the police came into your household should be top priority during investigation. If you feel that the police is witch-hunting or victimizing your husband in order to divert focus from the crime reported by your family, then legal steps can be taken to ensure that justice prevails!