Illegal search and seizure?

[dacy17]

I was recently arrested for possession of drug paraphernalia (no one in the room confessed to owning the objects so we were all charged; none of it was mine). What had happened was, while I was asleep at my friend's (Stephen), the other 3 I was with had gone out. It was passed curfew and a cop stopped them and took them back to Stephen's house (this in itself is illegal, I believe. The cop was supposed to bring each person to their respective homes since they were all younger than 18). Apon bring the 3 to the door, the cop noticed 2 objects used to smoke weed on the table. The only consent the officer got was from Stephen, the only person home at the time. He, however, is only 17. Now, after reviewing some laws and rights online, this could be considered illegal search and seizure. An officer requires consent from an adult or a warrant to enter a home. Also, none of the 4 people, including me, in the room were given their rights apon arrest.

Is this enough information to have the case dropped? If so, who do I talk to to get it dropped?

[zackary42]

Do the crime do the time, downy

[kenway]

There is no "illegal search & seizure" involved in any of what you have relayed here...I suspect you have watched one too many TV Court or TV Cop shows! There is nothing "illegal" about delivering a group of Minors to the custody of the parent responsible of one of them and designating that person to act "in loco parentis", and neither is any additional permission needed for an arrest & charges if someone opens a door and an Officer can SEE drug paraphernalia in clear view....by DEFINITION, that is "due cause", so no Warrant is required....

(Think VERY carefully...if the Officer had caught a glimpse of your little sister hog-tied to a chair, do you REALLY think a trip back to the Courthouse to secure a Warrant would be needed before that Officer could enter the premises to investigate?)

You have already lost this case, though under the circumstances if you talk with the Judge (and express your earnest contrition for hanging out with such "losers") you may be able to avoid a Criminal Record IF the Judge believes your story...

[reuben29]

"Apon bring the 3 to the door, the cop noticed 2 objects used to smoke weed on the table."

It was in plain sight so its not a search
Anything that is in plain sight dosent need a warrant.

However if you say had weed in a drawer and the cops opened it and found weed that is another story.


EDIT
According to wiki here is the plain view doctrine

The plain view doctrine allows an officer to seize--without a warrant--evidence and contraband found in plain view during a lawful observation. This doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S. airports.

For the plain view doctrine to apply for discoveries, the three-prong Horton test requires:

1.the officer to be lawfully present at the place where the evidence can be plainly viewed,
2.the officer to have a lawful right of access to the object, and
3.the incriminating character of the object to be “immediately apparent.”
In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view.

[madison86]

Yes