police entered my apartment before I ever got to the door

i awoke to the sound of police beating on my door. i started towards the door, when i saw that the door was already open. before i even got to the door, one of the officers had already taken a couple of steps inside. they told me that somebody had reported my door being open was the reason they were there. there was a water pipe sitting out, and this, of course, was the first thing that the first officer in shined his flashlight on. after searching the apartment, several more pipes were found and a small amount of marijuana was found as well. my girlfriend and i were both arrested for possession of marijuana and possession of drug parafanalia. neither of us were read our rights. they just cuffed us and took us in. they also would not allow my girlfriend to take medication prescribed to her before they took us in. is there any way out of this mess?

[calatty]

It sounds like an illegal entry to me. The police are not allowed to enter simply because a door is open. Get an attorney who will evaluate whether a motion to suppress is called for. If the motion is successful, the evidence found cannot be used against you and your case must be dropped. Police are not obliged to read you your rights unless they are going to question you.

[TYRIS]

if the door was in fact open and the water pipe was in an area that the officers could see from the doorway then the "plain view" rule applies, which means the entry to retain evidence should apply. however, they need to have consent to search the rest of the residence or obtain a search warrant.