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I have a case of possession of a controlled substance over 4…

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I have a case...

I have a case of possession of a controlled substance over 4 less than 200 I was wondering because I was in a motel room sleeping and it was the motel room was not in my name nor the co-defendant that was with me name and she was crying outside cuz she was arguing with her boyfriend but she had got locked out of the room she went to the front desk and ask for the key but they wouldn't give it to her because she was not on the room her name wasn't on the room so they are front desk called the police and the police came and got the key from the front desk without her knowing and once they showed to the room asked her to stand by the car and had the key and open the door without permission

Lawyer's Assistant: What state is the boyfriend in? It matters because laws vary by location.

Midland Texas

Lawyer's Assistant: What steps has the boyfriend taken so far?

I am the mail and well I was locked up for and I was wondering if they have probable cause because she was outside crying not about the room though she was arguing with her boyfriend on the phone and she had got locked out so she went to the front desk to ask for the key but they wouldn't give it to her because neither one of our names were on the lease

Submitted: 23 days ago.Category: Legal
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Answered in 11 minutes by:
5/30/2018
Lawyer: Zoey, JD, Attorney replied 23 days ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,933
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Probable cause for what?

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Customer reply replied 23 days ago
For them entering a room that had nor my name or the girl that I was with name on the lease
Customer reply replied 23 days ago
Can't afford it
Lawyer: Zoey, JD, Attorney replied 23 days ago

Please give me a few minutes to type you a reply. JustAnswer will email you when I'm done and have posted.

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Lawyer: Zoey, JD, Attorney replied 23 days ago

In order for police to enter the premises, they need probable cause and either a warrant or an exception to the warrant requirement. Here they had the fact that the front desk called the police and reported an incident of some kind involving that room.

Since an arrest was made, you would get a chance to challenge all aspects of the search and seizure from the phone call to the police on through your arrest at a pre-trial suppression hearing. That is the process that the Supreme Court has mandated to explore and decide on a case-by-case basis whether police overstepped their authority in violation of your civil rights.

From your fact pattern, I would expect the police to testify that that phone call from the desk gave them probable cause and an emergency exception to the warrant requirement and/or that they had the consent of the desk clerk to see what was going on inside the room.

Whether that will hold up or not will depend on what the defense attorney is able to shake that story on cross examination.

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Lawyer: Zoey, JD, Attorney replied 22 days ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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