Legal Question in Civil Rights Law in Missouri
I am being charged with possession of child pornography. Now I first want to establish that I in no way have any interest in children in a sexual way, nor have I ever had such an interest. I am a victim of limewire, and an internet porn addiction (legal porn). But I am afraid the evidence seized in a search and seizure by the police will make it look as though I did intentionally acquire the illegal images.
I have read the warrant and what it entails. First of all, police never told me I had the right to deny them access. secondly, they seized a bottle of adderall and oxycodone i had next to my bed (both perscription). They were in a unmarked bottle, but they could have easily matched them with the ones in marked perscription bottles upstairs and known they were legal. These had nothing to do with the focus of the search warrant. It listed electronic devices and anything containing possible child pornography. It did not list any suspicious drugs or medication. I have a record of them taking this through the inventory they left (hand written). What if those were medicines that I needed to live each day. I feel as if this act violated the terms of their warrant. Is this possible? I realize you would probably need more details on the warrant, etc. But is it possible this could have been illegaql for them to do. Thus allowing me to argue in court to have all evidence dismissed. Or have my attorney do so rather.
1 Answer from Attorneys
Generally, if the officer has a valid warrant, he can take notice of anything that is in "plain view." From what you descibe, if seems that the officer could have seen the pills while looking through your bedroom. The officer could have been looking in your bedroom for electronic devices. It appears that the confiscation of the pills may stand up. If you are chaged with a crime raltive to the pills, your attorney can bring your prescription as a defense. Sorry, but it does not seem that the confiscation of the pills will negate any charges relative to the child porography. Your attorney might be able to use the reason for yrou prescription as a defense or mitigation of your cupability for the porn charge.
Good luck