Legal Question in Civil Rights Law in Oregon

Search and Seizure

The cops came to my house the other night and my roommate let them in while i was sleeping. He agreed to let them search the house while i was still sleeping and they found Marijuana paraphenilia. Is it lawful for them to seize the items and issue a citation without a warrant?


Asked on 8/23/07, 5:37 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Search and Seizure

This sounds like a suffiently serious issue for you that I'd advise you to talk to a good criminal defense lawyer, in person. There are so many factors potentially involved in analyzing whether this was a bad search or not, that it's probably unfair to give you any concrete answer. You need to have a lawyer review the police reports for you, and at least interview you in detail, to give you a realistic answer to your question.

To paraphrase what you wrote, it sounds like a legitimate co-tenant in your home allowed the police in. Exactly where the marijuana and paraphernalia were located when it they were found and seized is also of great importance in this analysis, as might be the reasons the police would give as to why they came to your house in the first place, what they told your roommate, etc, etc. Obviously, these are not matters you ought to discuss online. Again, my advice is to meet with a good criminal defense attorney, and find out what your options are.

Good luck to you!

-- Sam

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Answered on 8/24/07, 12:48 am


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