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I was walking my dog outside when a police sniper stopped me…

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I was walking my...

I was walking my dog outside when a police sniper stopped me and detained me in handcuffs...They were dispatched because I lost my temper and told my Shrink's secretary that I felt like blowing my brains out...After I assured the girl that I would NEVER hurt myself because I wouldn't want to do that to my wife, kids, or grandkids..Then we said goodbye and I walked the dog...While I was walking my dog outside a police officer cuffed me due to the threat I made, they proceeded to search my house without a warrant and found 5 small pot plants downstairs in my Son's closet...After several hours and 7 yes 7 police cars blocked our entire caldesac , yelling at my neighbors and sticking a rifle in the face of one of them...An 8th police car came with a search warrant that included marijuana when they were there for me not any drugs..They confiscated all my plants...They took 2 handguns also which from what I understand is legal in Delaware for them to take due to my outburst about blowing my brains out...They wouldn't even let my wife or son in the house..They proceeded to arrest my Son for distribution and 2 other charges related to that..I'm 66 and in poor health, and my Son is a cancer survivor so we split the yield we get from the plants which the first time only yielded 2 ounces...We need your help PLEASE...This has got to be an illegal search and seizure doesn't it? Signed ***** ***** from Delaware.

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Submitted: 8 months ago.Category: Legal
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9/23/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,424
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 8 months ago

If they obtained a warrant, even if it arrived after they began to search, you can argue the search was still illegal based on nobody giving permission to search and that they already searched and applied for the warrant only after they conducted the illegal search without the warrant. Had they entered your house and secured the house and weapons and then waited to actually search the house until the warrant arrived, the search would be legal. The only issue you could face is if the officers entered the house claiming you threatened to kill yourself and that they were trying to secure weapons and happened across the marijuana in plain view, the court could find this was an exigent circumstance and allow the search as valid.

This is not going to be a simple open and shut case and it will turn on the very specific circumstances the police describe as having occurred. At this point, if you did make the threat, even in anger, legally they had a right to confiscate all weapons and to detain you, so you will need to get a local lawyer now who will have to get the police reports and warrant to see exactly what the officers articulated in them so that they can attack the warrant on probable cause and illegal search to suppress the evidence they found.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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