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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?

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Attorney answers 2


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

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.

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.

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).

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James Ronald Tucker Jr.

James Ronald Tucker Jr.


sic ''Your question'' not ''You question'' ... maybe it is a little too late to be answering these questions.


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).