• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this a legal arrest?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

donellalyonesse

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
Last week two officers (did not identify themselves) came to the door and knocked, my 13 year old son, said come in thinking it was his buddy. Once the officer was in my mom (who is legally incompetent) asked what they needed. The officer said he had been informed that there were illegal drugs in the house and wanted to come in and search. My mom said ok and they took her to the dining room and gave her a blank piece of paper and told her what to write and then to sign her name. She kept getting confused and he kept repeating what he wanted her to write. She kept telling him she wasn't allowed to sign any legal papers but her kept patting her on the back and saying it was okay this time. He then made her, my son, and a 17 yr old boy who was staying here go to the living room and told them not to move.
They then took me to my bedroom and started searching through my stuff. I told them yes, I smoke pot and was cooperative in telling them where my "tray" of papers and stuff was. I did get scared and try to flush some down the toilet, they ripped the toilet up and of course got that bag. I am a pothead I smoke it but I don't sell it. They kept trying to tell me they had a controlled buy on me and that they knew I sold it....I kept saying I use but don't sell. They arrested me, went to court, and was bonded out at $26,000.
Since my son let them in and my imcompetent mother was forced to give permission to search can this in any way be considered legal???
 


A

Antigone*

Senior Member
donellalyonesse said:
What is the name of your state (only U.S. law)? Oklahoma
Last week two officers (did not identify themselves) came to the door and knocked, my 13 year old son, said come in thinking it was his buddy. Once the officer was in my mom (who is legally incompetent) asked what they needed. The officer said he had been informed that there were illegal drugs in the house and wanted to come in and search. My mom said ok and they took her to the dining room and gave her a blank piece of paper and told her what to write and then to sign her name. She kept getting confused and he kept repeating what he wanted her to write. She kept telling him she wasn't allowed to sign any legal papers but her kept patting her on the back and saying it was okay this time. He then made her, my son, and a 17 yr old boy who was staying here go to the living room and told them not to move.
They then took me to my bedroom and started searching through my stuff. I told them yes, I smoke pot and was cooperative in telling them where my "tray" of papers and stuff was. I did get scared and try to flush some down the toilet, they ripped the toilet up and of course got that bag. I am a pothead I smoke it but I don't sell it. They kept trying to tell me they had a controlled buy on me and that they knew I sold it....I kept saying I use but don't sell. They arrested me, went to court, and was bonded out at $26,000.
Since my son let them in and my imcompetent mother was forced to give permission to search can this in any way be considered legal???
Click to expand...
Who declared your mother legally incompetent?
 
S

Some Random Guy

Senior Member
You need a lawyer. Ask him those questions. Also ask him whether the the consent to search question has anything to do with your admission that you had drugs and paraphernalia in the home.
 
B

BOR

Senior Member
Although it is a question of law IF the 13 year old had "apparent authority" to consent to an entry, it is unquestionable the Mother did, the police had no way to know she was incompetent for such consent purposes.
 
C

cyjeff

Senior Member
BOR said:
Although it is a question of law IF the 13 year old had "apparent authority" to consent to an entry, it is unquestionable the Mother did, the police had no way to know she was incompetent for such consent purposes.
Click to expand...
Mom said she didn't have legal authority... but they probably hear that a lot.

OP... who owns the house?
 
T

tranquility

Senior Member
It's a legitimate issue. I don't think it's a winner and the others have mentioned the law, but I suspect the court will find an apparent authority unless there is good proof the mom was not competent to consent.

However, to even press the issue it will require an attorney who will need to do some case law research.
 
B

BOR

Senior Member
cyjeff said:
Mom said she didn't have legal authority... but they probably hear that a lot.
Click to expand...
Not the way I read it:

My mom said ok and they took her to the dining room and gave her a blank piece of paper and told her what to write and then to sign her name. She kept getting confused and he kept repeating what he wanted her to write. She kept telling him she wasn't allowed to sign any legal papers but her kept patting her on the back and saying it was okay this time.

They probably wanted the consent in writing, fine, but it does not negate the verbal okay if she did not sign it.

There is an admittance here she did in fact consent.

As far as my knowledge goes, one can NOT revoke a home search once consent is given, an auto search yes.

I suppose though that can be state specific.
 
C

cyjeff

Senior Member
BOR said:
Not the way I read it:

My mom said ok and they took her to the dining room and gave her a blank piece of paper and told her what to write and then to sign her name. She kept getting confused and he kept repeating what he wanted her to write. She kept telling him she wasn't allowed to sign any legal papers but her kept patting her on the back and saying it was okay this time.

They probably wanted the consent in writing, fine, but it does not negate the verbal okay if she did not sign it.

There is an admittance here she did in fact consent.

As far as my knowledge goes, one can NOT revoke a home search once consent is given, an auto search yes.

I suppose though that can be state specific.
Click to expand...
There is a really foggy timeline here.

Where was the OP when the police arrived? I am guessing upstairs trying to flush a gallon baggie of pot.... why didn't he come downstairs and refuse the search...

Nope, instead he let mom and son handle it... while he took some time with his pot.

Guess that betrays priority list.
 
B

BOR

Senior Member
cyjeff said:
There is a really foggy timeline here.

Where was the OP when the police arrived? I am guessing upstairs trying to flush a gallon baggie of pot.... why didn't he come downstairs and refuse the search...
Click to expand...
Although there is SC precedent on that, when 2 are present, if one says yes and one says no, it is NO, the flusher was a minor.

In the case, the name escapes me, both were adults, husband and wife I think.
 
T

tranquility

Senior Member
Although there is SC precedent on that, when 2 are present, if one says yes and one says no, it is NO, the flusher was a minor.
Click to expand...
Since the OP is the son and the house not his, he would only be able to challenge the search where he had actual authority and not mere apparent authority. I believe the case you're thinking of had both with actual authority.

Then, I'd argue the OP could refuse to search only in the areas where he had actual dominion and control. (Like his room.) There is nothing about consent being refuted by the OP here.

Since consent is a voluntary waiver, it can always be removed. Home or no.
 
C

cyjeff

Senior Member
I am thinking that the OP HAS a son and a mother... if I am reading the post correctly.

Which is why I asked who owned the home.
 
B

BOR

Senior Member
The case is Georgia v. Randolph, 2006.

Held: In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry renders warrantless entry and search unreasonable and invalid as to him. Pp. 4–19.

The syllabus continues though, both must possess common authority.

Does a minor possess such if he was there and had said no to his room being searched??

A correction for me though, I said if either said no, no entry was permitted, but it only invalidates any evidence found for the person who said no.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top