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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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The police came to my sons house on a noise complaint, my son

Resolved Question:

The police came to my sons house on a noise complaint, my son answered and the police pushed their way in when my other son clearly told them you are not allowed in. They searched the house and found a bong and charged them 18 and 19 year olds. Is this not a clear case of unlawful search and sezure.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances.

If the officers did not have permission of the owner, a search warrant, or were not responding to a life-threatening emergency, the described search is unconstitutional.

There is nothing to prevent a defense attorney to file a motion for a evidentiary hearing to determine if the property was illegally obtained. If the judge rules that the search was illegal, then the charges get dismissed.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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