Illegal search/seizure??

[butterfliies052]

What is the name of your state (only U.S. law)?
Florida

My husband had gotten really drunk the night before all this happened. The next morning he was vomiting every 10 minutes and he eventually blacked out. I called 911, but at the same moment decided I was going to try to get him the the hospital myself, so I hung up. Of course, the operator called back to find out what was going on and I just told her that he was really sick but that I would get him to the hospital myself. She asked if I would like to speak to EMS but I told her no, I would call back if I needed someone else. He finally got up and seemed better and went out back to smoke a cigarette. I went to the front door to smoke and saw a police pull up. I opened the door (and she could see my husband sitting up smoking in the back from there) and told her that he was just sick but that he is fine and there is no problem. She proceeded to walk right past me into my house to my husband "to make sure he was okay." He was fine, she was uninvited and there was no warrant.
Her partner, once inside, said that he smelled marijuana smoke and saw marijuana shake on the counter in the kitchen. So after EMS checked my husband out, they told us that they weren't leaving without the marijuana. So I gave them the bag, then they said that I have the option of having my house closed down like a crime scene and wait on a warrant or that I could just give them permission to search then. They then proceeded to handcuff us and take us both to jail.
Now my question is if I will be able to have a public defender file a motion to suppress on the grounds that the police had no right to enter my house. Please someone give me some advice on this or an answer on what I should do. Thank you in advance.

[Blue Meanie]

The police were obligated to make sure your husband was okay. It was their duty to make sure there wasn't a problem. The pot was in the open, plainly visible. I really doubt an attorney could have the evidence suppressed.

[outonbail]

The search was legal.

It began with the 911 hang up call. Even though you said everything was OK, they don't know that you were the one who dialed 911. So the police were sent there to make sure there wasn't something else going on.
You say the officer could see your husband from there however, you can't know what the officer did or did not see. Additionally, the officer walked past you to check on him. The officer did not kick down your door or force entry, she simply walked into an open door.

I would also guess that if there was someone smoking marijuana in the house recently, that they could smell it from outside the open door.
However, once they were legally in the home and saw traces of marijuana on your kitchen counter, they did have probable cause to investigate further.

You then voluntarily handed them over the marijuana and subsequent to that, allowed them to search your home without a warrant.

From what you've posted, I don't see anything illegal on their part.

Hire an attorney.

[CdwJava]

You can have an attorney try to file whatever motion you wish ... that does not mean the motion would succeed.

In general, and depending on what is said and what history law enforcement and medics have at the location, a 9-1-1 call is going to give the police some leeway to check on the welfare of all parties. Granted, seeing the other party standing out back and apparently looking okay might give some grounds for suppression, but this is not a guarantee. The officer will articulate her reasons to enter and the DA will argue why the entry was valid and your attorney will argue why the entry was unlawful. The judge will make a decision based upon these arguments.

- Carl