Can cops search my home if they arrested me for marijuana possession of 3 grams in the street?

Asked 12 months ago - Salt Lake City, UT

Is that itself a probable cause?

Attorney answers (7)

  1. Erick Masten Platten

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . A search warrant for the home is necessary for them to enter the home and search. If any contraband was located a good lawyer should file a motion to suppress to argue that the evidence discovered is the fruit of the poisonous tree and should be suppressed.

    Sincerely,

    Erick Platten


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  2. Bryce William Kartchner

    Contributor Level 5

    2

    Lawyers agree

    Answered . Under the facts stated, the officers would not have probable cause to search your home if you were arrested on the street for carrying 3 grams of marijuana.

  3. Neil W Harris

    Contributor Level 7

    2

    Lawyers agree

    Answered . Unless the police have probable cause, for example they see minors drink or adults using drugs in their presence. The police will need a search warrant issued by a judge, unless you give them consent to search your house. NEVER give the police consent to search your house, car, or other property. Cite your constitutional rights as the reason you will not give consent. Often the police will ask what you are hiding. Simply answer that you are exercising your constitutional rights as a US Citizen.
    If the police search your house without a valid warrant, your attorney can file a Motion to Suppress. Also, even if the police obtained a warrant your attorney maybe able to challenge the warrant because your arrest was not in your home.

    My answer is based on general legal principals and is not a substitute for detailed specific legal advice from an... more
  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Under the facts you present, no, that's not probable cause to search your home.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. Kevin S. Vander Werff

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The cops either need permission from you to search your home, or they HAVE to obtain a search warrant to enter and search the home, based on the facts given. Your constitutional rights may have been violated from them entering your home.

  6. R. Spencer Robinson II

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Law enforcement may enter your home if:

    1 You consent

    2 They have a warrant based on probable cause that particularly described the person or place to be searched and the evidence to be seized.

    3 They have probable cause accompanied by exigent circumstances (some kind of emergency) that they did not create. If they can secure a place until a warrant is obtained, there are no exigent circumstances.

    Based on your brief statement, it does not appear any of those apply. To more fully advise you, it would be useful to see the "official" version of what transpired.

  7. Paul M Grant

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Not without a warrant

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