Question:
Is this a legal search?
anonymous
2013-09-14 21:55:08 UTC
My cousin overdosed in my house I called 911 when police arrived they searched my home. My cousin was in the living room. They searched my bedroom as they held me in the second bedroom. In my bedroom there is a closet that leads to a storage space. They said the door was open however it was closed. Regardless they found a storage container that had marijuana in it. The storage container is smoke colored it is hard to identify what was in it without opening it up. They pulled the container and opened it up where they found the marijuana. After finding the evidence they asked me to sign a consent to search. I did so because there was nothing left to find. Also because they threatened to cut up my couch and other belongings. They noted in there report that they found and opened container prior to me signing consent to search. They noted in there report there reason for searching was for a 'needle safety search' not quite sure how a needle outside of being in or on a person is a threat to law enforcement. I was compliant in every way possible however I never ave them permission to search my home. They took it upon themselves to do so. I only consented after being threatened and the marijuama was already found.
Four answers:
Carl P
2013-09-14 21:57:41 UTC
As cousin overdosed in your house, they had what is deemed "reasonable cause" to search for anything related to the overdose.
?
2013-09-15 05:05:21 UTC
Well if you let them in your home and signed a consent to search they are allowed to search. Letting them in your home allowed them to also search especially if they saw a needle. if this happened California and they found marijuana in the home just enough to smoke (not for sale) that wouldn't be the reason for a search as I've know people that had this happen as its not been a problem, unless you under the influence driving with it. You don't have to open your door to them, just have paramedics remove your cousin from the home. Or you can actually take your cousin outside and wait for them to show up, depending on how heavy the person is and what you can lift. They did indeed have consent to search.
?
2013-09-15 04:59:55 UTC
For the police to legally search your home, they would need a search warrant. Where they would go to court and ask the judge for a search warrant. Since they didn't have one they couldn't legally "open doors or containers" they could take evidence as long as its "in plain view". For example, if I had weed in a drawer in my kitchen, and the cops came in, without a search warrant, and opened the drawer and confiscated it, that would be illegal. Since the weed was never in plain view. If it was on the table then they could legally confiscate it. Did they have a search warrant? They would need solid proof to bring to the court to request a warrant as well.
Powlmao
2013-09-15 09:19:32 UTC
Completely legal.



A search is legal as long as police have "cause". A overdose is essentially the definition of cause


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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