Is there a case against me?

[AnonymousFromTX]

I'm from Texas. I was out of town and the cops were called to my home when the alarm went off. I live with my parents currently, but am not a minor. I am on probation and do not smoke or anything (it's a non-drug related offense that I was charged for). I can completely pass a drug test if need be. I digress: we get a call and the cops have two pipes in their posession in the evidence room at the station. They were called to look for intruders and signs of someone breaking in, but they searched my room and went through all my things in my closet and found the pipes. They also found books on legalization, which I was using to write a college essay (the books are checked out from the college library). They are not mine, but they were in my room. I just was wondering if there could be a case against me and if this is legal at all? Thanks for your time. I'm in a sticky situation and need some help.

[poncho]

Not legal advice. Being on probation does give the Police more search powers without warrant. A legit alarm and or 911 call (even hang up) gives them probable cause to check and enter your house. Police are in the case building business, so they could have one for breaking probation. But I'm not in the licensed lawyer business nor have more information to determine if they have a case against you and how to fix it if they do. Just wisdom that says this is the Police job and they do it well. In fact its their bread and butter to build cases against people.

[Some Random Guy]

we get a call and the cops have two pipes in their posession in the evidence room at the station.

Well since you don't smoke, are the pipes drug paraphenalia or are they copper plumbing?

If you are charged, then your lawyer can question the search. The key to suppressing the pipes is where they were found. Generally, the police can search your home, including all places where a person might hide (like closets) to search for intruders. So if the pipes were sitting in the closet on a shelf and they saw them, that is likely a good search. However, if the pipes were in a closed box that didn't have to be moved to search for a person behind it, then you have a better chance at suppressing.

Wait for charges to be filed then get a lawyer.

Avoid drug charges if you want to get student loans or assistance.

[ERAUPIKE]

Originally Posted by AnonymousFromTX

I'm from Texas. I was out of town and the cops were called to my home when the alarm went off. I live with my parents currently, but am not a minor. I am on probation and do not smoke or anything (it's a non-drug related offense that I was charged for). I can completely pass a drug test if need be. I digress: we get a call and the cops have two pipes in their posession in the evidence room at the station. They were called to look for intruders and signs of someone breaking in, but they searched my room and went through all my things in my closet and found the pipes. They also found books on legalization, which I was using to write a college essay (the books are checked out from the college library). They are not mine, but they were in my room. I just was wondering if there could be a case against me and if this is legal at all? Thanks for your time. I'm in a sticky situation and need some help.

You are on probation so the police do not need a warrant to search.

[Indiana Filer]

Originally Posted by poncho

Not legal advice. Being on probation does give the Police more search powers without warrant. A legit alarm and or 911 call (even hang up) gives them probable cause to check and enter your house. Police are in the case building business, so they could have one for breaking probation. But I'm not in the licensed lawyer business nor have more information to determine if they have a case against you and how to fix it if they do. Just wisdom that says this is the Police job and they do it well. In fact its their bread and butter to build cases against people.

Ignore Poncho.

A lot of jurisdictions have, as a term of probation, that the person waives all rights to be free from search and seizure under both the Constitutions of the United States and the specific state during the term of probation.

If I want, I can go search the belongings of any probationer in my county.

[Mikef6301]

Did the police know that the house you were responding to was your address? If they did not know that someone on probation lived at the address at the time of the search you may be able to get the search thrown out. Where the pipes in plain site? If they were in plain site, or if the police say they were in plain site you probably don't have any chance of it getting thrown out.

[poncho]

Originally Posted by Indiana Filer

Ignore Poncho.

A lot of jurisdictions have, as a term of probation, that the person waives all rights to be free from search and seizure under both the Constitutions of the United States and the specific state during the term of probation.

If I want, I can go search the belongings of any probationer in my county.

The OP said his house alarm sounded. Police showed up to investigate possible intruders.

Exigent Circumstances emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. How many SCOTUS cites do you want, that home alarms and 911 calls create exigent circumstances?

Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence.

Then, you state "I can go search the belongings of any probationer in my county." I stated Being on probation does give the Police more search powers without warrant. Plus the house alarm and intruder's.

Domestic call. Can the Police do a sweep of the house to ensure their safety (including closets)?

If a case exists, OP gets a lawyer. His attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

Dang knew I should have gone to a better school over Gonzaga.

[The Occultist]

Originally Posted by poncho

The OP said his house alarm sounded. Police showed up to investigate possible intruders.

Exigent Circumstances emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. How many SCOTUS cites do you want, that home alarms and 911 calls create exigent circumstances?

Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence.

Then, you state "I can go search the belongings of any probationer in my county." I stated Being on probation does give the Police more search powers without warrant. Plus the house alarm and intruder's.

Domestic call. Can the Police do a sweep of the house to ensure their safety (including closets)?

If a case exists, OP gets a lawyer. His attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

Dang knew I should have gone to a better school over Gonzaga.

My guess is that that OP was warned to not listen to you not because of lack knowledge, but because of your lack of ability to form a coherent thought. If you wish to contribute to this forum, please learn the common language used on this forum and how to use it to accurately articulate the point you wish to bring forth towards patrons of the forum.