Legal Question in Criminal Law in Missouri

criminal law

my son was making prank phone calls from a friends house at 3 in the morning, and just happened to call the police chiefs house and he traced the call and went to my sons friends house and got my son and brought him home, they asked my son (13 years old) if they could come in the house and he said yes and they came in and my son woke me up and i went in the living room and there were 3 cops standing there. one of them was explaining to me what happened and another was looking around and found parifinalia then i had to give them the marijuana that was in the tray next to it and they took my husband to jail and charged him with possion of parifinalia and 15 grams of marijuana, he had a $1000 bond and i called a bondsman and paid $100 to get him out of jail, i dont know for sure if they had actual right to enter my home with the permission of a 13 yr old over a prank call, and i am not sure what i need to do about the whole situation! please help thanks--


Asked on 1/07/07, 12:22 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: criminal law

I believe that you might have a very good point about the police not having the legal right to be in your home based upon the "consent" of a thirteen year old under these circumstances. You husband should hire an attorney, of course. The attorney may file a Motion to Suppress the evidence seized by the police upon the basis that what they did amounts to an illegal search and seizure. Depending upon the exact charges your husband faces, and what Court he is in, he may also consider the possibility of negotiating a plea bargain, through his attorney, rather than undergo the risk of litigating the issue. I wish you both the best of luck, and if he is not already represented by legal counsel, you may call me at my office.

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Answered on 1/07/07, 7:57 pm


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