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What validates a warrantless search and seizure and if drugs are found andnoone claims them doesnt everyone get charged??

Manchester, TN |

lets say the police say they smell meth fumes, kick in someones back door and there is no active meth lab, and no clouds of smoke, and they have no warrant and they search the house and detain the people at the table and take their cell phones, and then they find ingredients used to make meth in seperate rooms none together, and no lab or evidence of a lab...then they say they found meth on someone and meth on a plate, and they still havent got their warrant......noone claims the meth on the plate...their is still no warrant to be their, then they call everything in they found and get their warrant while inside the house detaining everyone and the owner of the house is not there at all hasnt evenbeen contacted..then they only charge one person with everything? and they never confessed?

Attorney Answers 2


  1. You question is a little long and to some extent unclear. Speak with a competent attorney in your area.

    NORMALLY DOES EACH PERSON PRESENT GET CHARGED WITH POSSESSION
    No. Officer's discretion. If anything would be normal I would say it would be to charge the homeowner/renter with possession and others with promotion among other charges. However, officer's discretion.

    CAN THE EVIDENCE GAINED IN THE SEARCH DESCRIBED BE USED IN TRIAL
    Maybe. Actually, it is very likely the evidence (plain view, probable cause, whatever else the DA claims) would be allowed based on the facts as given. Maybe on appeal a different result could be reached.

    WHAT SHOULD HAPPEN
    The person charged needs a competent attorney, asap. Everyone else should probably also speak with an attorney just in case. Every step of the way the Defendant should be vigorously defended and the State should be forced to prove its case, unless of course a decent deal can be brokered (one usually leads to the other).

    Legal Disclaimer. This communication is not intended to create, and does not create, an attorney-client relationship between you and James Ronald Tucker, Jr. Thus, your receipt or transmission of information to or from the James Ronald Tucker, Jr. alone does not create an attorney-client relationship or ensure confidentiality. James Ronald Tucker, Jr. assumes no liability for the use or interpretation of information contained herein. The legal information herein provided is for general informational purposes only. It is not intended as professional counsel and should not be used as such. You should contact a competent attorney in your area to obtain advice with respect to any particular issue or problem.


  2. There are exceptions to the requirement that law enforcement officers obtain a warrant prior to searching a person's house. However, based on your question it is unclear whether any of these exceptions applies. If an exception does apply, then the evidence discovered inside the house may be admissible at trial. If no exception applies, the trial judge may suppress (exclude) the evidence at trial. You should speak with an experienced defense attorney in the area asap! That attorney will be able to advise you further regarding the merits of your defense(s).

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