Does a cop have the right to come in my home and search my home if the door is open even if the cops were called for supposed fighting going on?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a cop have the right to come in my home and search my home if the door is open even if the cops were called for supposed fighting going on?
The cops searched my home when no one was present because they said there was supposed fighting going on and they wanted to make sure every one was fine. Once entering they see in plain sight a paraphanillia for marijuana. They told me that they were going to do tests on it and that they could come back and charge me with it. And like I told the cops, it wasn’t even mine! Do the cops have the right to do that?
Asked on June 23, 2009 under Criminal Law, Virginia
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Although I do not practice law in the State of Virginia, the general rule is that the Fourth Amendment to the United States Constitution prohibits officers from entering a home without a warrant. However, the warrant requirement is subject to some exceptions, several of which include exigent circumstances and the plain view doctrines. Thus, entering pursuant to a reported fight and then finding contraband in plain view may not be a violation of the fourth amendment. However, this is a highly complicated and constantly changing area of the law. Moreover, if the officers did, in fact, violate the fourth amendment, all of the evidence that they obtained as a result of an illegal search and seizure would potentially be subject to suppression. Therefore, I highly recommend that you consult with and or retain a criminal defense attorney to both discuss the strength of the state's evidence as well as the merits of any and all potential defenses that may be available to you in the interest of obtaining the most favorable resolution of this matter as possible.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.