Legal Question in Criminal Law in Minnesota
I had been taking heroin for one month. I decided to quit voluntarily - no court order nor legal charges forced me to do so. I quit cold turkey and experienced extremely painful withdrawal. My husband called 911. Along with the paramedics, 2 police officers arrived. My husband let them in. They never asked for consent to search our home but did however search it. They found methamphetamine. Do they have a right to charge me although neither my husband or I explicitly consented to the search? I was in so much pain and quite delirious, yelling randomly, and flailing about. I may have just yelled "yes" at anything they said. My husband is Mexican and is below average at understanding/communicating in English, so he may have inadvertently said yes to a search not knowing what he was consenting to. Can I be charged for the methamphetamine possession in this case?
3 Answers from Attorneys
It is impossible to know or say based on preliminary information. Whether the search was illegal is something your defense lawyer will want to take a look at, however, after gathering all available information. I would suggest not posting details on a public website in the future. If you have a clean record, I'd suggest setting a goal of keeping it that way. You could benefit from consulting or retaining a defense lawyer now, even before being charged. In the meantime, stay clean, stay healthy and sober, and keep the house clean as well.
I am afraid that much more information would be needed to make any real assessment. Certainly, consent to access the premises allows law enforcement to observe items in plain view. Whether or not the search extended beyond that and whether there were any exceptions to the warrant requirement would require more facts.
You may certainly be chared with possession. However, there maybe defenses to the charge including challenging the search.
You must retain experienced legal counsel.
Hello. First, you should not post details of such issues of yours on this, a public website. You are in need of private attorney counsel. The law is this area is complex. Tell your attorney all the details and she/he will be able to advise you appropriately.
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