i was stipping wire in my friends backyard and a anonomus caller said i wasnt suppost to be their. but i was.they came in through a missing bord on the fence and asked me were i got the wire i said i got it from a friend. then they said you look high because i was swetting.they took my wire took me to jail forced me to give blood now im charged with under the influence and probation violation.
Elder Law Attorney
Under the facts as presented, there would appear to be no violation of your Fourth Amendment rights. The police were investigating what they believed may have been a crime in progress based upon the telephone call. It was your friend's back yard that they went into, so they did not need a warrant, Even if they did, it would have been your friend's who would have charged the warrant-less search. As to taking you in for being under the infulence- they had the probable cause based upon the physical symptome observed, consequently, your rights were not violated.
1 lawyer agrees
Criminal Defense Attorney
Why would it be a crime to be sitting on private property under the influence? They would still need probable cause to place you under arrest and I would think you could challenge the arrest. You need to hire a local criminal attorney.
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