Legal Question in Constitutional Law in Florida
An arrest warrant was issued against me for a noise ordinance. The police came to arrest me and I wasn't home. They went into my home anyways. While there, they searched my house and found a bag of marijuana on the counter. I came home later, they still was there, and they arrested me for the noise ordinance and for possession of illegal drugs. Is this legal?
Asked on 7/30/14, 6:16 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
That depends. A noise complaint, by itself, would not justify entering and searching your home. But there may be more to the story. Did someone else let the officers in? If so, who? Did the police have a warrant? If so, what did it say? When they arrived, did they have a reasonable belief that somebody inside was in imminent danger?
Answered on 7/30/14, 11:36 am
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