Legal Question in Criminal Law in Colorado

searches

cops came and asked if son is in home , asked if they could look around, starting looking in my drawers, arrested me and husband on possession charges, is this legal?


Asked on 3/23/08, 11:14 am

4 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: searches

If you answered yes, they could look around, it was legal for them to enter and look around. If you answered yes, they could look inside closed things, it was legal for them to look inside closed things. If you said no, or if they didn't ask, it was not legal.

Good luck.

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Answered on 3/23/08, 3:24 pm
Jason Savela The Savela Law Firm, PC

Re: searches

if you agree to a search, then it is likely legal. consent is a defense to a charge of an illegal search. never let the police in your home, your property, your car, your body or to talk with you without an attorney. Agree to something can be very dangerous.

But to your case, there may be a limit to the scope of the search based on your words. Also, you can withdraw the consent at any time. Finally, possession may be difficult to prove if drugs were in a common area.

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Answered on 3/23/08, 6:04 pm
Richard B. Huttner Richard B. Huttner, P.C.

Re: searches

The police will say you consented to the search and you may have consented for them to look around. The police probably went beyond your consent and the evidence they found potentially could be ruled illegally obtained and not allowed to be used against you and/or your husband at trial. I have handled similar situations with success in getting the evidence suppressed.

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Answered on 3/24/08, 8:14 am
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: searches

No. However, they will say that you consented to their entry and search of your home and once in the home either 1) they found the drugs in plain view (where they were in there sight without having to move anything or just laying out in the open) or 2) your consent was to a search of your home which gave them an open license to look everywhere for illegal things. If I can be of help, let me know, I have had a lot of sucess fighting this kind of police abuse. Good luck.

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Answered on 3/23/08, 12:04 pm


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