Illegal Search and seizure questions... not a bad person!?

by **iker** » Mon Oct 31, 2011 9:10 am

3 months ago before my husband and I got married we were in an arugment that the police became involved in. Because were were not married they made me leave the house that we both live in for the night. I cooperated and left thinking that would be the end of it. After I left they interogated my husband about drugs or contraband that may be in the house because he is on probation for possession. They refused to leave without something in their hands and began searching through OUR closet. They found a little marijuana and left. Well today there was a warrant for my arrest for possession. I don't even do drugs and didn't know what they found exactly. When I get the police statement it says my husband admitted to it being his and that he would cooperate with law enforcement to get it dismissed. Since they are charging me with this, wouldn't it be illegal to search my things? Wouldn't they have to prove (since that was technically not my home) that it was mine and not his? What rights do I have in making it an illegal search?

by **vruyk** » Mon Oct 31, 2011 9:18 am

I have no clue where you live. But, where I live, anybody on searchable probation is subject to search by ANY law enforcement officer (not just probation officer), at ANYTIME, for ANY reason, or even no reason at all. The search may extend to ANYPLACE the probationer has access. If he has access to the closet, then the search was legitimate. This is the risk you take when you live with a probationer. Pretty hilarious that you still married this guy. Yes, life's exciting with bad boys, but you must learn to live with the consequences.

by **fyfe** » Mon Oct 31, 2011 9:24 am

It was not illegal to begin with. He being on probation, he can be searched at any time, it's a condition of his probation (more likely parole).

You were in the house. As you said it was "our closet" which makes you equally in possession with him.

by **juanito** » Mon Oct 31, 2011 9:25 am

If it wasn't your house and he admitted it was his then I don't see how that would hold up in court.. I'd contact a lawyer to get an expert opinion though.

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