Legal Question in Constitutional Law in Pennsylvania

I want to know if this situation is an illegal search in the state of Pennsylvania.

I have a friend who was smoking a pipe in my driveway. The neighbors called the police and the State police came out. By then, all people were inside the house. The police knocked and were allowed to enter. They stated that they smelled pot in the front room; the room they were in; and they started to search. They found 2 pipes and then stated that they were getting a search warrent to search the home. They were on the phone and said they couldn't get a warrent but they continued to search. They lifted stuff up. They found plastic baggies in one room. Two people were sited for having pipes. Is this legal?

Asked on 9/17/09, 4:20 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Potentially the evidence i.e. the pipes could be tossed as evidence. Then again you let them in the house and if the pipes were in plain sight they could be lawful seized and used as evidence.

Question is why your friend was breaking the law in a place he could be observed by others?


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Answered on 9/22/09, 4:29 pm

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