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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23182
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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The police called my girlfriend & asked her for permission

Customer Question

The police called my girlfriend & asked her for permission to open a package addressed to our home that smells like marijuana but we arent expecting anything. So they said if she doesnt give consent to search they'll get a warrant & someone is goin to jail my question is what should we do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 4 years ago.
Thank you for allowing us to assist you with this problem.

I'm sorry to hear that you are being placed into this position.

How did the police get possession of the package?
Customer: replied 4 years ago.
They said they recivied it from post office
Expert:  Zoey_ JD replied 4 years ago.
Hello Jacustomer,

If the police think they have probable cause to open the package, based on a package sent to your house that you didn't get, make them get the warrant. Don't consent to the fishing expedition.

They WILL get one, but you don't need to make it easy for them. If there are drugs in there they are not going to make it easy for her, that's for sure.

Can they arrest her if they open the box and drugs are in there? Well yes, they could, and they would do that whether or not she consented to their opening the mail. But given the fact that she'd never had possession of ths, all by itself this wouldn't be much of a case.

If they can get a warrant, they might get one for her apartment too. So it goes without saying that if there's anything in her place that would link her with drug use, she should do some basic housecleaning while she still can.

If she doesn't already have or know of a criminal lawyer, this would be the time she would also want to get some local names. And she should remember that anything she says to the police about this package can be used against her. Even things that she thinks might be harmless can be twisted to hurt her. She has the right to remain silent about all of that and she should exercise that.