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  1. #1
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    Sep 2008
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    Default Cop Knocks, Door is Answered and They Just Come In

    My question involves police conduct in the State of: Texas

    Would coming into your house without a warrant and then asking to search after in the house violate my rights? Would the house owners permission to search include my room even if I pay rent, would that be a violation of my rights to search my room? I had marijuana plants in my room but didnt give permission to search!

  2. #2
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    Aug 2007
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    Default Re: Cop Knocks, Door is Answered and They Just Come In

    Quote Quoting dmc1254
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    My question involves police conduct in the State of: Texas

    Would coming into your house without a warrant and then asking to search after in the house violate my rights? Would the house owners permission to search include my room even if I pay rent, would that be a violation of my rights to search my room? I had marijuana plants in my room but didnt give permission to search!
    There is a difference, at times arguable, yes, between "actual authority" and "apparent authority" to search a home.

    Since it was the OWNER, there appears to be "actual" authority to permit it?

    If they just knocked on the door, it was answered and they just stepped in as an implied welcome, without saying "may I come in a moment", this is not an illegal entry, as they are just continuing the acknowledgement of thier knock, as far as my understanding goes.

    Your retained or appointed attorney, whatever the case may be, can argue so, if they determine your federal or constitutional rights have been violated, he or she can argue to suppress the "fruit of the poisionous tree", that is, unconstitutionally seized evidence, the MJ.

  3. #3
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    Sep 2008
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    12

    Default Re: Cop Knocks, Door is Answered and They Just Come In

    what questions should i ask my lawyer when i go to see him? When or how do you find out your court date? thanks for the reply

  4. #4
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    Aug 2007
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    Default Re: Cop Knocks, Door is Answered and They Just Come In

    Quote Quoting dmc1254
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    what questions should i ask my lawyer when i go to see him? When or how do you find out your court date? thanks for the reply
    You inquire to him IF the MJ can be suppressed, by Motion, and NOT admitted as evidence, due to an UNconstitutional search. This is standard for a criminal defense attorney to sift through when a search and seizure, especially without a warrant, turns up contraband.

    You will be notified by mail or summons when to appear, or if no action was taken yet, say if you were not home then, you could still be subject to arrest?

  5. #5
    Join Date
    Mar 2007
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    9,096

    Default Re: Cop Knocks, Door is Answered and They Just Come In

    It sounds like the owner of the house was dad and the OP is the child.

    Dad would have the authority to allow a search of his home. I would check the renter's agreement between the child and dad for what is allowed.

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