You are apparently being charged with a crime in connection with this search. My advice would be to have your attorney communicate with the police on your behalf. She can file a motion to suppress any evidence obtained from a warrantless search, have your girlfriend testify, submit an affidavit signed by you, and hope to prevail. If that happens and they don't have evidence to continue with charges, your rights will be preserved and you can then file a civil suit. I would not recommend threatening the police.
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You are about to be charged with a crime so very careful about any contact with the police. Have your attorney handle all contact with them.Ask a similar question
"Legal" or not, your plan is extremely unwise. Don't do it. Put your case in the hands of a respected criminal defense attorney and have no contact with the police except through counsel. Do not try to tell you attorney how to handle the case.Ask a similar question
You should absolutely let your attorney handle this matter or if you don't have one yet it is extremely important to hire an experienced criminal defense lawyer to argue on your behalf. If you cannot afford legal representation, an attorney will be appointed by the Court. I would advise you it is unwise to make any statements to the police as those may be later used against you. Good luck!
Inna Rifman, Esq.
Greater Boston Law
1629 Central Street,
Stoughton, MA 02072
F: (781) 459-1075
Fruitless effort? Yes.
Could you "win" such a suit? No.
Should YOU be speaking with police (about anything) if you're charged with a crime? Absolutely not.
Should your ATTORNEY speak for you? Absolutely yes.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.Ask a similar question