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Health and Welfare Search

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Larmor19

Junior Member
Tennessee:

While on vacation My vehicle had been in my Driveway for approx 3 days without moving. My neighbours concerned for my safety called the police. They arrived and contacted my parents who in turn told them they did not know where I was but could contact someone that may know. They did call my wife's parents and they in turn told them that I was OK and was on vacation. They also gave the investigator the number and they also called them and confirmed this. They investigators also called my ex-wife and she called friends who confirmed that I was out of state on vacation. at this point the officers had already entered the home, after receiving two confirmations that I was not inside in any danger. Upon entering the home the searched and found a small marijuana garden that I had for personal uses only.

I am now being charged with a class c felony of manufacturing with the intent to distribute. What are my rights.

I feel there was absolutely no justification to enter the home. There were no firearms and no reason to believe that I was even in the home at all. My neighbour across the street even told the officers that she thought I was on vacation. This did not deter the officers from kicking in the door and leaving the residence unsecured and all the lights on. My uses of marijuana are personal use which is still illegal but I prefer to not buy or sell.
 


Larmor19

Junior Member
Ok great reply friend but it should be obvious that has already happened. Are you here to give legal advice or personal advice , if the latter then don't bother commenting in my thread. Now can you give me real advice if not then go away.
 

Larmor19

Junior Member
Yes I agree that is excellent advice but it also seemed rather presumptuous that I would still have the garden considering my current situation. I asked for advice for my own curiosity not to second guess my lawyer which by the way has not indicated what I should do either way. Is it not OK to be studious and try to learn a little about my own situation. Are you guys just law aficionados or law students or just people who think they know. Jeez
 

seniorjudge

Senior Member
Tennessee:

While on vacation My vehicle had been in my Driveway for approx 3 days without moving. My neighbours concerned for my safety called the police. They arrived and contacted my parents who in turn told them they did not know where I was but could contact someone that may know. They did call my wife's parents and they in turn told them that I was OK and was on vacation. They also gave the investigator the number and they also called them and confirmed this. They investigators also called my ex-wife and she called friends who confirmed that I was out of state on vacation. at this point the officers had already entered the home, after receiving two confirmations that I was not inside in any danger. Upon entering the home the searched and found a small marijuana garden that I had for personal uses only.

I am now being charged with a class c felony of manufacturing with the intent to distribute. What are my rights.

I feel there was absolutely no justification to enter the home. There were no firearms and no reason to believe that I was even in the home at all. My neighbour across the street even told the officers that she thought I was on vacation. This did not deter the officers from kicking in the door and leaving the residence unsecured and all the lights on. My uses of marijuana are personal use which is still illegal but I prefer to not buy or sell.
Your rights are the rights to get a lawyer to contest what (from your facts) sounds like a legitimate search.

There...you happy now?
 

Larmor19

Junior Member
All I wanted was a bit of advice or a general overview of what Health and Safety searches were all about and what was considered legal search and seizure in those circumstances.
 

Zigner

Senior Member, Non-Attorney
All I wanted was a bit of advice or a general overview of what Health and Safety searches were all about and what was considered legal search and seizure in those circumstances.
Oh, THAT'S what you wanted to know.
I'm sure your attorney can fill you in on that information.
 

seniorjudge

Senior Member
All I wanted was a bit of advice or a general overview of what Health and Safety searches were all about and what was considered legal search and seizure in those circumstances.
The cops were worried.

Somebody made them worried.

They did a legitimate search (based solely on your post).
 

seniorjudge

Senior Member
You actually got excellent advice.

But you do not recognize it.

To prove that, print this out and take it to your lawyer.
 
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