Legal Question in Criminal Law in Washington

Search Warrant Initiated

Police searched my apt. for someone elses' gun. The warrant was in that persons' name, but not on my apartment rental lease agreement. Outcome: No gun found, (this person was not even here when my apt. was being throughly searched), and seven (7) marijuana plants all under (1) one foot tall. The Office read me my Miranda Rights, did not handcuff me, did not arrest me. Main Question: Can the police come back and arrest me? Can the judge decide to create a case for me now, and merely send me a notice to appear in court? I don't know where I stand in the eyes of Washington State Law


Asked on 4/30/07, 11:54 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Search Warrant Initiated

If the warrant doesn't authorize the search of your rental then your attorney will be able to have the discovered evidence excluded. However, that will not happen until after charges have been brought against you. Unless you have a history that suggests you are dangerous or a flight risk you will likely just receive a notice to appear in court. The court uses DOL records for sending notices so make sure your address is correct with DOL. If you have little or no money an attorney will be appointed to you for court. Otherwise, you should arrange an attorney on your own. As for Miranda, that was so the officer could use your own statements against you. I hope you made no statements and if questioned further refuse to answer and, rather than assert your fifth amendment right to remain silent, assert your sixth amendment right to counsel and say you would like to have an attorney present. This right grants greater protection that the fifth amendment. If you would like further assistance contact me directly.

At your service,

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Answered on 5/01/07, 12:07 pm


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