Legal Question in Constitutional Law in Idaho

Illegal search and seizure

My brother is on probation and rents a room from me. Acting on a tip that my brother was selling drugs the police entered my home without me being there and searched not only my brothers room but all areas of the house including my personal areas (bedroom and such). They pried my tool box open and found a film container with less than .05 grams of marijuana. I recieved a ticket to appear in court is there any way to get out of a conviction due to they invaded my personal property without a warrant?


Asked on 12/06/04, 7:32 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal search and seizure

If the police simply searched the house without a warrant based upon a tip then you should be able to have the evidence suppressed. Few police are so inept that they would make this kind of mistake, though, and few prosecutors would bring a case based upon such tainted evidence. Are you sure they had no warrant (maybe they had one which you believe did not allow them to search the entire house)? And are you also sure that there were no exigent circumstances to support a warrantless entry?

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Answered on 12/06/04, 8:02 pm


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