If a cop catches me on a misedmeanor and doesn’t charge me with it, can he still charge me later down the road?
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If a cop catches me on a misedmeanor and doesn’t charge me with it, can he still charge me later down the road?
The local sheriff’s department came barging in my home about 10days ago saying they had a search warrant but showed no one in the home any paper. The police did find 3 baggies of marijuana and scales in the home. They took me to the police department and scared me into helping them catch someone else. I was never charged with trafficking marijuana, a misdemeanor, and the cop told me that if I don’t continue to help he will put me in jail. I strongly believe my brother in law gave written consent for them to search and he doesn’t live here. Did they enter my home illegally?
Asked on July 29, 2012 under Criminal Law, Kentucky
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were never presented with a search warrant for the police entry into the home that you reside in and there was no search warrant ever issued, then the entry was an illegal search under federal and state constitutions.
Given that you have yet to have been arrested let alone charged over what was discovered during the search, I doubt that you will be charged for possession contraband.
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