Illegal Search And Seizure?

[clintasrd99]

What is the name of your state?What is the name of your state?
Illinois

My friend was arrested last night for posession of marijuana under 2.5 grams, and parafanalia(2 hitter pipes)

He is on probation battery for a year.
The police showed up at his house to serve him a paper from the hospital taking him to court over doctor bills. It was raining so the sherriff came inside the front door. He immediately said he smelled marijuana and started asking questions. Of course my friend denied it all. The cop asked if he could take a quick look around and he granted him permission. He did not realize the cop would be searching his house. after digging through just about every personal item he has, the cop came across a very small amount of marijuana and 2 hitter pipes. At this point the cop stopped and called in a dog and had a search warrant signed to search the house with the dog. They brung the dog and it didnt find anything else.

So far your probably thinking that hes completely screwed because he gave the cop permission to "look around" right

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL.
You guys are running a good site and any help would be sooooo dearly appreciated. Im sure there is some details i forgot to mention but if i think of any i will post them
thanks a lot everyone!!

[BelizeBreeze]

Originally Posted by clintasrd99

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL.

Well see, you are wrong. All that is needed is that he was in control of the residence at the time of the search.

From your post, he was, the search was legal and your friend is screwed.

Originally Posted by clintasrd99

What is the name of your state?What is the name of your state?
Illinois

My friend was arrested last night for posession of marijuana under 2.5 grams, and parafanalia(2 hitter pipes)

He is on probation battery for a year.
The police showed up at his house to serve him a paper from the hospital taking him to court over doctor bills. It was raining so the sherriff came inside the front door. He immediately said he smelled marijuana and started asking questions. Of course my friend denied it all. The cop asked if he could take a quick look around and he granted him permission. He did not realize the cop would be searching his house. after digging through just about every personal item he has, the cop came across a very small amount of marijuana and 2 hitter pipes. At this point the cop stopped and called in a dog and had a search warrant signed to search the house with the dog. They brung the dog and it didnt find anything else.

So far your probably thinking that hes completely screwed because he gave the cop permission to "look around" right

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL.
You guys are running a good site and any help would be sooooo dearly appreciated. Im sure there is some details i forgot to mention but if i think of any i will post them
thanks a lot everyone!!

Tell Cole that he should not give permission to search a residence if he is hiding dope there. The cops got permission from the apparent owner. So there was no illegal search.

If they didn't ask him anything, then Miranda is irrelevant. It has to do with confessions, not searches.

[cole84]

I am not the owner of the house nor renter they found it before they had the owners presmisson

[CdwJava]

Originally Posted by cole84

I am not the owner of the house nor renter they found it before they had the owners presmisson

They showed up at your house to serve you papers ... you live there, you have access, you have constructive control, you can give consent.

The search was good.

Talk to an attorney in your area who can read the report and see what he says.

- Carl

[Heather2]

Why did you let the cops in if you had just smoked and why did you give permission for him to search if you knew you had drugs in the house?