Hi my name is Tim, almost a year ago now I was helping host a party of mine. There was four lease holders in our duplex. There was some 20 people inside partying. But in the middle of it two armed men came in and fired two bullets, then attempted to rob the house. It being a party and known substances where in the house we were afraid to call the police. But our neighbors heard the shots and called the cops. The swat came to our house within 10 minutes. They didn't have a warrant when the first came into the house, but they searched anyways then I guess got a warrant latter. But they found all sorts of paraphernalia lying around. So they had everyone in the garage so they could search the house. In one of the four rooms there was a locked safe. In it is supposed Lsd and an ounce of what appeared to be meth. (but actually a substance known as mephedrone). We got taken to holding, where they held us for aprox. 4 to 6 hours, then let us go. A DEA agent tried to talk with me but I tried to give as little information as possible, as whos room the safe was in. I told them it was no ones room. They also didn't sentence any of us, and did not arrest anyone. What do you think about this case? I dont know what to do. Is there an amount of time they have to file an arest?
1 Answer from Attorneys
In Missouri, the general rule is misdemeanor prosecutions must be commenced within one year, and felony prosecutions must commence within three years. There are exceptions and various ways the statute can be tolled; for example, the statute doesn't run if the defendant is in hiding.
This is a complex case. Key here is what evidence was in plain sight, and what evidence if any did the officers discover without a warrant. Feel free to contact me if you want to examine this in more detail.
Sean Santoro/Licensed in KS and MO
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