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Police raided my home, left me a copy of search warrant. Haven't arrested me or issued arrest warrant or filed case. Why?

Lawrence, KS |

They obtained roughly 1000 grams of marijuana, some personal use steriods, a AR 15, and handgun. In addition they BROKE into my safes. The only thing on the search warrant was a search for marijuana and anything pertaining to the disturbution of marijuana.

Attorney Answers 2


Understand that I am not licensed in KS, but I have many years of experience with drug law enforcement on both sides of the aisle. Allow me to make the following suggestion. Please do not contact the police again. When you are arrested, do not answer their questions about anything other than your vital statistics. Immediately contact qualified criminal defense counsel. By "qualified" I mean a defense attorney with substantial prior experience in the handling of drug cases. Someone with prior employment in a prosecutor's offices could be a good choice. Do not talk with anyone about this situation other than counsel. Do not post any further details on this public website or ANYWHERE else on the Internet, including social media. The question is not if, it's when will they choose to arrest you. Be prepared with competent counsel before that happens. Good luck.

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Do not call them again. They will only use it as an opportunity to get you to make incriminating statements. Call an attornye immediately. Find one with long experience in defending drug cases. Some attorneys who started in prosecution offices are excellent defense attorneys. Some still look at cases as though they are prosecuting them and never make the transition to defending.

I am not surprised they broke the safe. Police executing search warrants often cause more damage than burglars. Anything pertaining to the distribution of marijuana includes money and dealing records. Money, records and weed itself could be found in safes. Arguably the AR and pistol should not have been seized unless the warrant specified firearms. Whether the steroids are seizable probably depends on whether you have a prescription. Obviously whether you have a valid motion to suppress the search will depend on many factors, especially the search warrant affidavit.

If your home is in Douglas County do not expect a quick filing. They will send the suspected marijuana to the KBI crime lab for analysis. This usually takes serveral months. In addition the Douglas County prosecutors office will regularly make use of the statute of limitations. By that I mean that a charge is frequently not filed for months and months. Sometimes it will be nearly immediate, but not usually. The statute of limitations in Kansas for this crime is five years. You should expect that when charges do come you will be looking at several felonies. At least one of these charges will be presumptive prison even if you have no criminal history.

You will probably receive a tax notice from the Department of Revenue. Assusming there were no tax stamps on the marijuana you can be held liable for $3.50 per gram of marijuana in taxes and another $3.50 per gram in penalty. So you could be looking at owing the state $7,000.00 regardless of any criminal case.

Most importantly do not talk with anyone about the facts except your attorney. Do not post anything about the facts. Such a posting could be used against you as well. Contact an experienced drug defense attorney immediately.

Law Office of Patrick Lewis, (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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1 comment

William A. Jones Jr.

William A. Jones Jr.


Excellent and thorough response.

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