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Disabled vet needs help

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sunwolf1

Junior Member
What is the name of your state (only U.S. law)? Missouri
While on 3 week family vacation out of state sister and brother in law broke into a locked bathroom in my home. They discovered 4 very immature and dead (from neglect) marijuana plants. They notified sheriff's dept and everyone waited for 3 weeks for us to return home. Deputy's were waiting in the driveway when we arrived home after a 20 hour drive, they informed us that they had received information that we had drugs in the house which gives them probable cause to search, they did not have a warrant but said they would be able to get one. Being honest people, except for a failed attempt to grow some marijuana for personal use for a disabled Vietnam vet with chronic pain, multiple sclerosis and diabetes, we allowed the deputies into our home and showed them to the bathroom where the plants were. We noticed the door had by forced open, the hinges were sprung, the door was slightly opened and the knob was still locked. The four immature and long dead plants were removed by the officers, no arrests were made. After 10 days charges were filed a warrant was issued for my husband's arrest but no authorities have contacted us as yet. Neither of us has a criminal history. We have no idea where we stand legally in this matter. Is evidence found through the breaking and entering of family members in this manner admissible? Do we have legal recourse against these family members for the breaking into a locked room of our home even though the sister had permission to feed the fish downstairs and nothing else? Please advise.. we are desperate.
 


seniorjudge

Senior Member
Q: Is evidence found through the breaking and entering of family members in this manner admissible? Do we have legal recourse against these family members for the breaking into a locked room of our home even though the sister had permission to feed the fish downstairs and nothing else?

A: GENERALLY, yes and yes. Obviously, however, there are a lot of things that a lawyer would need to know. When your husband goes to court, have him ask for a public defender or hire your own lawyer.
 

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