Legal Question in Criminal Law in Washington

Can the cops be called to your house for an argument, enter without warrant after we came out and then arrest someone for poss. of marijuana/paraphanelia when I asked them if they had a search warrant to enter my home in the first place?

A friend told me that they cannot enter your home without a warrant if you don't want them to.

Please help.

They are charging my boyfriend with posession of marijuana and paraphanelia.

And they just went in after we already were outside.


Asked on 9/02/09, 5:08 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

The cops can come to your house for an argument. They cannot enter without a warrant, consent or a number of other exceptions. Most of those are unlikely to apply. Your boyfriend should move to suppress the evidence gathered, effectively ending the case, based on the unlawful search. Contact me directly if you'd like further assistance.

At your service,

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Answered on 9/07/09, 8:08 pm


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