Legal Question in Criminal Law in Indiana
marijuana possession
The police and the probation dept. came to my house. My wife is on probation for DWI. The probation officer told me that because of my wife being on probation my house could be searched at anytime. The house was searched and the police found a baggie with 2 grams of pot in it. I was given a ''ticket'' and told to appear in court next month. I am disabled (medical ills are numerous)and aside from the medical necessity defense, which I won't pursue, I do not feel anyone had a right to make me get out of bed at 6:00 in the morning and tell me to go stand away from them while they tear my bedroom up looking for God knows what. I am 60 yrs. old and was a practicing paralegal for years before my health and age caught up with me. Was it legal for the police to enter my house and go through it looking for illegal items? Or looking for whatever they think may appease their bosses. OK I'm rambling now, sry. Could anyone help me asertain what legal rights I have due to my wifes' probation?
1 Answer from Attorneys
Re: marijuana possession
Generally, probation has the right to search the house. It's part of the rules for being on probation. It's a trade off to going to serve jail time. You need to hire an attorney and have him/her research the issues more closely.
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