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  1. #1

    Exclamation Deputies Found Marijuana and Pipes Responding to a Domestic Call

    My question involves criminal law for the state of: Florida

    My girlfriend and I were having an argument and the sheriff's were called. When they came to our door they let themselves in. My girlfriend tried to stop them and asked if they had a right to come in without permission. They said that they did because they were responding to a call so they had every right.

    My first question is do they have a right to enter the house w/o our permission because the neighbors called them?

    When they forced their way in they found a bong in my room and a small pipe in the dinning room. They asked where the weed was and I showed them that it was in a kitchen cabinet. It was 3 grams.

    Because we were cooperative they wrote us both tickets for a notice to appear as opposed to arresting us, so they said. The offenses on the tickets were Poss of cannabis under 20 grams, contray to section 893.1300.68 and poss drug paraphernalia contrary section 893.1470.

    My second question is what should I do? Since we didn't give them permission to come in yet they let themselves in does that give us any leeway when we go to court and getting it thrown out? How should we plead?

    Thanks

  2. #2
    Join Date
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    Default Re: Deputies Found Marijuana and Pipes Responding to a Domestic Call

    They had the potential belief someone could be injured inside. They have a right to look for them.

  3. #3

    Default Re: Deputies Found Marijuana and Pipes Responding to a Domestic Call

    Can someone help out?

  4. #4
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    Default Re: Deputies Found Marijuana and Pipes Responding to a Domestic Call

    Quote Quoting catheterchri
    View Post
    Can someone help out?
    You should hire a lawyer. We cannot make you unguilty.

  5. #5

    Default Re: Deputies Found Marijuana and Pipes Responding to a Domestic Call

    It's me again hoping someone will respond.

  6. #6
    Join Date
    Dec 2009
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    Default Re: Deputies Found Marijuana and Pipes Responding to a Domestic Call

    Posting repeatedly to your own thread doesn't help. Remember, we're all volunteers here; sometimes it takes awhile before one of us gets around to you. If anything, posting responses to your own thread asking where everybody is might prevent it from getting a response, since it makes it look as though your thread is already receiving attention.

    Anyway, the police normally require a warrant to enter your house without your permission, but can do so without a warrant if there are exigent circumstances; that is, if there is an immediate risk of death or injury, for example, or if someone is currently committing a crime inside. Whether a call from your neighbors combined with the shouting they heard from outside your house constituted exigent circumstances and gave them cause to enter is a matter for your lawyer to argue when you respond to the drug charges. Hire a lawyer before you go into court, or if you can't afford one, then plead not guilty and ask for a public defender. Your lawyer will be the person who knows how best to handle the case and which option is best for you to take, which may be arguing that the police had no cause to enter your house. If that is the case, your lawyer will make a motion to suppress.

    If the judge agrees that the police did not have cause to enter your house, (s)he will grant the motion to suppress, which will preclude the prosecutor from using any evidence discovered from your house at trial. In practical terms, that means the charge against you will be dismissed, since there is no other evidence of your guilt.

    I can't comment on whether the judge will grant such a motion; I don't know the judge's mind or the specifics of your situation. I do know that showing them where the drugs were probably didn't help your case; it's harder to argue that you didn't consent to their entering your house in the first place if you consented to them searching once they were in it.

    In any case, hire a lawyer before your court appearance if you can afford one. Plead NOT GUILTY and ask for a public defender if you can't. If you plead guilty, you don't have any leeway for anything because you already admitted to everything and are automatically convicted. Your lawyer's job is to pursue the case on your behalf, and will be able to pursue any options available to you, including challenging the legality of the police search of your house.

    Some standard tips on appearing in court, for convenience. Also, DON'T talk to the police, but DO talk to your lawyer. Anything you say to the police will be used against you in court. Anything you say to your lawyer is privileged, which means it can't be used against you for anything. So be absolutely honest! Hiding anything from your lawyer will only hurt your case!

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