Results 1 to 3 of 3
  1. #1

    Default Evidence Found Before Consent for Search

    My question involves civil rights in the State of: TN
    We were the victims of a home invasion.The police said their MO was to rob drug dealers.An officer said that detectives were on their way with a warrant to search our house for drugs and that it was best to turn over any drugs in the house.An officer followed me into our bedroom and found weed and a pipe in a cabinet.They asked me to sign a consent of search form afterwards and searched the rest of the house and found nothing else.Then they wanted to sign an inventory list attached to it.I refused to sign the list unless I could include that the fact that the weed and pipe were found before I signed the consent to search form.They said that if I didn't,they would take my girlfriend to jail instead of citing her and put down that I refused to sign the list.So I complied.Was our 4th amendment right was violated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Evidence Found Before Consent of Search

    By what? You just told us that they had both a search warrant and your consent to search.

  3. #3
    Join Date
    Jan 2006
    Posts
    20,671

    Default Re: Evidence Found Before Consent of Search

    An officer said that detectives were on their way with a warrant to search our house for drugs and that it was best to turn over any drugs in the house.An officer followed me into our bedroom and found weed and a pipe in a cabinet.
    if there actually was a warrant issued, which based on the reason they were there it is very unlikely (could be more to the story?), they didn't need your permission to search at all.


    So, when they convinced you there was a warrant, you allowed them to search your room (and actually anything in their view on the way to the room) to show them the dope you had. Once they found the dope, they no longer needed a warrant because they did find illegal drugs in the house which allows them to search the rest.

    but anyway, you allowed them to search the area where the drugs were found.


    so, stop me when you see something that might be seen as a 4th amend violation.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Can Evidence Found in a Raid but Not Documented Be Used Against You
    By Cyndork in forum Criminal Procedure
    Replies: 1
    Last Post: 06-18-2011, 08:18 AM
  2. Trials: Can The Prosecution Use Evidence Found By a Witness
    By tat21212 in forum Criminal Procedure
    Replies: 2
    Last Post: 10-18-2010, 05:46 AM
  3. Post-Conviction Relief: What Happens When New Evidence is Found for Old Cases
    By seamaiden in forum Criminal Procedure
    Replies: 1
    Last Post: 06-01-2010, 10:42 AM
  4. Search and Seizure: Illegal Search, Defamation of Character, False Evidence in Search
    By StaTTiKK in forum Criminal Procedure
    Replies: 34
    Last Post: 02-08-2009, 12:13 PM
  5. Search and Seizure: Evidence Found Through A Body Search
    By gajdouglas in forum Criminal Procedure
    Replies: 4
    Last Post: 12-03-2006, 09:30 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document