Probable cause to search is reason to believe that a crime has been committed or is being committed evidence of the might be found in the place to be searched. Probable cause to arrest is reason to believe that a crime has been committed or is being committed and that the person arrested is the person who committed or is committing the crime.
Be careful what you write on public websites, because law enforcement might find it and use it against you. What you describe would be enough to charge you with violating state and federal narcotics laws. Release on personal recongnisance is related to but distinct from probable cause.
Unless you are familiar with criminal law, criminal procedure, evidence, the prosecutor, and the judge, you should get counsel immediately. Either hire a criminal defense lawyer, or apply to the public defender.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.
I'm only writing to suggest that you consult about this case immediately with an experienced criminal defense attorney in Prince George's County, preferably someone with prior prosecutorial experience and someone that has handled 4th Amendment cases like yours. The reason is because possession with intent to distribute is a felony, and you are exposed to long term incarceration if you don't win the case at a motion to suppress hearing or trial.
Now on to probable casue. Before the police can apply for a warrant they need to provide an affidavit under oath, have it approved by a judge, stating that they believe probable cause exists that drugs, or evidence will be found at a particular location, and that the owner or dweller of the location is involved in the drug or crime. Probable cause is a fluid concept. It is evidence and/or reason to believe the elements of a crime are being met or committed, or someone is in possession of an illegal substance.
If you need someone to review the warrant or the return, there are several attorneys in this site that practice in Prince George's County and are glad to help.
By the way, have you received a charging document? Do yo have a court date in District Court now?
You can only speculate.
If it was warrantless that says a lot right there. Why wasn't there a warrant?
Could it have been the wrong address? That's a very warrantless search.
You said they had a warrant and yet a warrantless search. Wrong address might explain it....
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
In drug cases with multiple rooms and multiple people, the area where the drugs were found, and the amount is critical. In this case for example, the amount of crack cocaine, or weed uncovered, could lead to a distribution charge. Distribution is a felony and carries potential long term incarceration. Police in house raid cases generally have conducted survillance, they develop facts that give them probable cause to believe a crime is being committed in the home. From there, they ask for a warrant.
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
Criminal defense Felony crime Distribution of a controlled substance Civil rights of defendants in criminal cases The 4th amendment and criminal defense Probable cause and criminal defense Right to counsel in criminal cases Criminal arrest Police interrogation Felon rights Warrants and criminal charges Search warrant and criminal charges Civil rights