Was marijuana found legally? (Warning: Verbose!)

[senttohospital]

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

A little background first, not sure if it matters but I’ll include it for the sake of completeness. I have suffered from severe depression since early adolescence along with a smattering of other psychological issues, I am currently 28. Also, I have not been on medication because I have no insurance. A few months ago I moved to Utah to help my Dad out with his business, living in his house paying rent out of my pay. Things were going relatively well for me until I slipped back into depression and began drinking heavily.

A few weeks ago, while everyone was out of the house, I decided it would be a good idea to drink a liter of booze in about an hour. So, I get kind of crazy and start texting people about how I’m going to kill myself. My Dad comes home and finds me sprawled out on my bed being wasted. He asks me if I’m on drugs and I tell him no I just want to die. He then proceeds to call 911 and tell them of my extremely drunken, suicidal situation.

The cops show up and my Dad invites them inside, one of the officers comes up to my room. He asks my Dad if I’ve had anything else besides alcohol, my Dad says I told him no but he’s not sure. The cop points at my backpack on the other side of the room and asks if it’s mine. My Dad says yes and the cop starts to go through it. In the outside pocket he finds a jar with a few marijuana stems, some rolling papers, and two tiny roaches.

I then proceed to have a struggle with the officers down the stairs, out the front door and on to the lawn. We continue to tussle until one of them aims the tazzer at me and I calm down and let them cuff me, I may have been out of my mind but I’m not a sadist! They take me to the hospital, where upon arrival I fight with them again, and I was admitted to the psych ward. Apparently my blood alcohol was almost at the poisoning level. I’m kept there about a week, given therapy, medication, comunity resources and rest. I feel way better now as a person then before I went in and for that I’m thankful.

So, four days after getting out I get a letter to appear in the local Justice Court. The charges: Intoxication, Possession Marijuana (less than 1oz.) and Possession of Paraphernalia. I went to the summons today and was told I would have to pay a $1195 ($190 of that for the intoxication) fine and serve 6 months probation. I told the Judge I needed time to talk with an attorney and was given a new date in two weeks time. (For what it’s worth I tested negative for marijuana at the hospital.)

Here is my question: was the search of my personal property (my backpack in my room) legal? From what I’ve read:

Can my roommate or my landlord give the police permission to search my apartment?

If you and your roommate share common areas (such as the kitchen and living room), your roommate can authorize a search of those areas. But your roommate cannot give permission to search your separate bedroom.

(I forget where I found that, correct me if it’s wrong.)

I also considered that this might have been an “Exigent Circumstance” but:

United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984):
"Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts."

And I think this situation hardly fits that criteria.

So what do you experts think?What is the name of your state (only U.S. law)?

[Stevef]

Originally Posted by senttohospital

And I think this situation hardly fits that criteria.

The officers had not idea what you may have ingested. I feel they were justified in the search, but that's only my opinion.

Hopefully, Carl will pipe up with a real answer.

[CdwJava]

There are a number of theories under which the search can be argued as legal, not the least of which is a safety exception in that the police and medics needed to know if you might be under the influence of something else. perhaps you might have overdosed, if so, they might need to know on what. Likewise, you made claims to others you wanted to die, this gives even more cause to search for a means you might accomplish this - poison, medicine, a weapon, a suicide note ...

Consult legal counsel and see if you can work out a deal to some lesser sentence. Maybe you'll get real lucky and the attorney will find some way to successfully argue for suppression of the evidence. i doubt it, but anything is possible ... even if it is not probable.

- Carl

[senttohospital]

Originally Posted by CdwJava

There are a number of theories under which the search can be argued as legal, not the least of which is a safety exception in that the police and medics needed to know if you might be under the influence of something else. perhaps you might have overdosed, if so, they might need to know on what.

The thing is they told my Dad that they where looking for booze and nothing else! Would that make the search illegal? I mean there where beer bottles and cans all over my desk already, why would they need to look for more? Also, why would they stop at a few stems of marijuana, something that is imposable to OD on, if they where looking for something deadly?

And, there where no medics present nor where any dispatched to the scene, obviously the cops thought I wasn't going to die!

I guess I'll go get a copy of the offical police report tomorrow and see exactly what their side of the story is.

[senttohospital]

Just another tid-bit that irks me:

The cop took a cigarette pack out of my backpack that contained a fair amount of cash. (so sue me, I hate banks!) And proceded to count out how much money was there and put it on my bed. He also took some Euros I had in another compartment and counted them and placed them on the bed. Is this police S.O.P.? What was the point of that?

[CdwJava]

Originally Posted by senttohospital

The thing is they told my Dad that they where looking for booze and nothing else!

Even so, booze can be in your backpack. And remember that your dad said he was not sure if you had more ... "my Dad says I told him no but he’s not sure" - that's enough to look further. And if that was all they were looking for with an unconscious and possibly suicidal subject, then the officers were remiss.

Ultimately, for the evidence to be admitted over the defense objections,the state will have to show that it was lawfully seized.

And, there where no medics present nor where any dispatched to the scene, obviously the cops thought I wasn't going to die!

That might play to your favor at trial. But, it all depends on why they say they were looking for more intoxicants. I'd be looking for drugs and more alcohol, what they were looking for I cannot say.

I guess I'll go get a copy of the offical police report tomorrow and see exactly what their side of the story is.

That would help.

- Carl

[CdwJava]

Originally Posted by senttohospital

Just another tid-bit that irks me:

The cop took a cigarette pack out of my backpack that contained a fair amount of cash. (so sue me, I hate banks!) And proceded to count out how much money was there and put it on my bed. He also took some Euros I had in another compartment and counted them and placed them on the bed. Is this police S.O.P.? What was the point of that?

If they did not seize it or the containers the money was in, it was probably to confirm how much it was so they do not get accused of stealing it, or that you don't wake up and think you were ripped off later.

- Carl

[senttohospital]

Originally Posted by CdwJava

If they did not seize it or the containers the money was in, it was probably to confirm how much it was so they do not get accused of stealing it, or that you don't wake up and think you were ripped off later.

- Carl

Yeah, I totaly agree with you about that Carl, and I completely understand.

But what about this - I remember the officers talking to each other and to me after they finally got me cuffed and in the squad. They told me, "well, we gotta charge you with something." Is this true?

If a person calls 911 for a medical issue and police, not medical personal, respond to the scene are they still obligated to act as police officers? It is my understanding that they don't have to charge you with anything in order to take you into custody and commit you to the hospital.

Thanks for all the great advice so far everyone! I’m going to try to get the report today.

[CdwJava]

Originally Posted by senttohospital

But what about this - I remember the officers talking to each other and to me after they finally got me cuffed and in the squad. They told me, "well, we gotta charge you with something." Is this true?

I cannot imagine it is. But, if you are inebriated and possibly suicidal, and for some reason they are not going with a medical option or with a mental health commit,then the only way to protect you from yourself might have been to arrest you.

I suspect there was more going on or more options being weighed. You were, after all, pretty out of it.

If a person calls 911 for a medical issue and police, not medical personal, respond to the scene are they still obligated to act as police officers?

Absolutely. You dial 9-1-1 for assistance. You get the assistance that arrives.

It is my understanding that they don't have to charge you with anything in order to take you into custody and commit you to the hospital.

Probably not. But, when you are suicidal as a result of intentional drug or alcohol consumption, you are not likely to be committed for a mental health evaluation - at least not right away.

- Carl