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Charged with Cultivating

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brian415

Guest
What is the name of your state? Maine

Well here's the story....

A friend of one of my friends ranaway from home, and went to my friends house. Well the friend's mother that ranaway called the cops to get him, the cops then showed up at my friends house looking for him; he'd already left cause he knew the cops were coming. The cop asked to come in the house and search for him, my friends girlfriend not thinking said yes. But my friend told the cop to leave, he did not give the cop permission to search and his girlfriend isn't a legal residence. The cop pretty much ignored him and continued to search, and eventually went into my friends room. When again my friend told the cop to leave, and anything in his room is private. The cop continued and looked in his closet, where he discovered marijuana plants. He then arrested my friend and charged my friend with "Cultivating Marijuana", and seized his plants.

Is there anyway my friend can fight this? Since the cop was there to look for the other kid, and my friend who is the legal residence of the house didn't give him permission to search the house? Is this an illegal search and seizure? He is also a juvenile, I also think it is his first drug offense.

I have also read somewhere else that the police would only be able to search the common rooms (i.e. Kitchen, livingroom, bathroom), and an expectation of privacy in his room, and certainly his closet. And that they would most likely have to have a warrant to search everywhere, therefore what they found could not be used in court.

Anything would be much appreciated!
 
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OhBullship

Guest
If they were looking for a missing person, they had the authority to look anywhere a person could reasonably hide. Bedrooms and closets usually fit that description.
 

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