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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 08-29-2001, 03:35 PM
Rhonda Luscavag
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Legal Search and Arrest


I live in clackamas county oregon. my boyfriend and i were at home arguing (loudly)and a neighbor called the police. the police officer asked if there was anyone else in the house and i said no. he asked if he could verify it and i said yes. i assumed he was looking for other individuals as he stated. i had 8 small marijuana plants growing in my upstairs,closed, bedroom closet. the officer went upstairs alone, opened the closet door and found the plants. i was then arrested for manufacturing a controlled substance (mcs I). my questions: did he have the right to do that? is this considered a felony? what's the worst that could happen to me when i go to court? should i obtain an attorney? i am a 46 yr-old female and this is my very first encounter with law enforcement. i have never been arrested before. please please help me because i am scared to death!
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Old 08-29-2001, 07:52 PM
whipsnake
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when you permitted thev officer to look through your house, you permittedhim to look anywhere an average size person might hide. even in a cabinet. when he opened the closet door and saw the plants, he made a legal seizure of "plain sight evidence" because a closet is well within the scope of his search,wich you authorized.
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