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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default Charged With Drug Possession After a Party in My House

    My question involves criminal law for the state of: Michigan, Wayne County.

    On Saturday night I had a party in my house. It started as a pool party earlier in the day and stretched on into the night. A neighbor called the police saying that we were too loud so they came on over. Instead of knocking on the door and telling everyone to go home or be quiet, one walked in and one went around to the back of the house. I was in the dining room with my fiance and a couple friends and other people were scattered throughout the house. The police claim they saw me smoking out of a bong through the window so therefore had the right to enter. I was given possession and paraphernalia and three other people in the room received loitering in the presence of drugs.

    Now my question is... was it unlawful for them to enter? What I was smoking out of was legally purchased from a tobacco store. What should I do? Were my fourth amendment rights intruded? Or can I try and get a lesser charge? I'm 22 years old and I have an MIP on my record from when I was 19.

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Charged With Drug Possession After a Party in My House

    Get yourself to a criminal defense attorney, ASAP.

    Hookahs, while currently experiencing a resurgence in popularity for the use of perfectly legal, traditional shisha, are still unfortunately associated with the drug culture. The presence of the hookah may have served as probable cause, and your loud party certainly did.

    I note that you're careful to say that the hookah was legally purchased from a tobacco store, but you don't mention what it is that you were smoking.

    Unless you were smoking shisha, I'd say you were busted fair and square.

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