Legal Question in Criminal Law in Tennessee

Law Enforcement makes Threat.

Law enforcement officers approached the house, the owner of the house (the mother) spoke with them. She was asked if they could search the home without a search warrant...She told them, ''no'' that they probable needed to return with a search warrant. The undercover detective then told her, ''if they had to get a search warrant then she would be arrested right along with her son, if they find ANYTHING at all, and it's real easy to find something. Of course the elderly lady then was afraid not to go along with what ever they said. Is this legal? Can a law enforcement officer threaten people to obtain permission to search? The son was charged with:

possesion of schedule II methanphetamine (2.4 grm) with intent to sell and conspiracy to manufacture meth.

Thanks for your assistance.


Asked on 3/14/01, 10:08 pm

1 Answer from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: Law Enforcement makes Threat.

Possibly. The suppression question is "Did mom get charged?" If not, son has little standing to fight the consent search, but a good attorney might have a chance to get the drugs suppressed anyway on fundamental fairness. For more info, se ww.gsmithlawfirm.com

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Answered on 5/24/01, 9:54 am


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