Legal Question in Civil Rights Law in Indiana
i was at home in my back bedroom on my computer when i heard a voice in my living room. i walked out and an officer was in my living room. he was there because he followed an aqaintance to my house for dwi. she never came in my house they were all outside. after hearing the voice in my living room, i walked out there and there was a county police officer standing there. he asked why he smelled marijuana and i said i smoked a couple of hours earlier. i'm charged with possession of marijuana and posession of paraphanalia. did the officer have the right to walk in my house?
1 Answer from Attorneys
Your question deals with an area of law commonly referred to as criminal procedure. Specifically you ask how far a police officer can go in conducting a search in this case. You report that an officer entered your home uninvited by you but in relation to an investigation for other criminal activity by an acquaintance of yours who was followed to your house. Exactly where that police stop of your friend took place and what was said is not in your question but could be important. In the affidavit of probable cause for your possession case there should be a narrative of how and why the officer was where he or she was when they became aware there might be marijuana present. It may simply be that the smell was noticeable outside the house. Some other event may have put the officer in a position to legally detect or suspect the presence of marijuana. You should consult a criminal defense attorney who can review all the facts of your case and perhaps even file a Motion to suppress the evidence if all the laws were not followed in obtaining that evidence. If successful such suppression could result in all the charges being dismissed.
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