Legal Question in Civil Rights Law in Minnesota

The neighbors in our apartment complex called in a noise complaint. The police officers came to our door. Initially, I would not let them in but my friends were messing around with a ball and one of them supposedly very loudly said hey you hurt me. The officers demanded that I let them in. I didn't want to but they said I could get in trouble if I didn't. I let them in and they claimed they found some drug paraphenelia laying on the kitchen table. The cops got a search warrant and found a small amount of drugs in a nightstand dresser drawer. I live in a one bedroom apart with a roommate. The drugs are not mine but I may be charged. Was the initial entry by the cops into the apartment legal? Can this evidence be used against me?


Asked on 11/02/10, 12:36 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

The entry into the house is questionable. It depends on what happened. If your friend did say that he was hurt and the officer actually believed they needed to come in to check on their safety, then they may have had the right to enter. However, upon realizing that the friend is ok, they should have left and not continued to check the place out. The fact that you live in the house where drugs were found will generally give the State enough evidence to charge everyone that lives at the apartment.

However, with a good attorney, you should be able to challenge the initial entry as well as the fact that you were not the person that owned or possessed the items in question. If you would like to discuss this case further, please feel free to contact our office for a free initial consultation. 612-217-0077

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Answered on 11/07/10, 10:21 pm


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