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Can I get a case dismissed for illegal search and seizures?

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Spaced

Junior Member
What is the name of your state (only U.S. law)? MD

Recently(about a week ago) my roommate was caught by the police smoking weed outside of our room. They then asked him if they could search his apartment for other stuff, he said yes and they found his bong inside his room. He is currently being charged with paraphernalia.

I happened to walk in during the time when the police man was searching my friend's bedroom and the police then asked if they could search my room. Before they searched it they had me sign a consent to search form, when the police office searched my room he didn't find anything.

My other roommate left his bedroom door open and a bong sitting on the window sill so the police are charging him with paraphernalia as well. He asked me to call my other roommate and have him come in to the apartment so that he could file the reports. When my second roommate came he brought a friend with him.

I was then about to leave because I wanted to not get caught with anything like my roommates did. I then told the police officer that I had to go somewhere because I was going to be late. He asked if he could search me before I went and I said no because I was in a rush. He blocked my path and made me empty my pockets. In my pockets he found 20 pills of concerta in an altoids container. Now he is charging me with Felony drug possession and paraphernalia.

Once I get my court date in the mail i intend to get a public defender. If my roommates and the friend that was there testify that I did not consent to a search of my person can I possibly get this case dismissed?

I'm 18 years old and this would be my first offence of any kind. I am very scared about the outcome of this case.

The police officer's partner did not arrive until after he had found all the items in the apartment.

If I can't get the case dismissed then what is the "average" or "realistic" punishment for my crime?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? MD

Recently(about a week ago) my roommate was caught by the police smoking weed outside of our room. They then asked him if they could search his apartment for other stuff, he said yes and they found his bong inside his room. He is currently being charged with paraphernalia.

I happened to walk in during the time when the police man was searching my friend's bedroom and the police then asked if they could search my room. Before they searched it they had me sign a consent to search form, when the police office searched my room he didn't find anything.

My other roommate left his bedroom door open and a bong sitting on the window sill so the police are charging him with paraphernalia as well. He asked me to call my other roommate and have him come in to the apartment so that he could file the reports. When my second roommate came he brought a friend with him.

I was then about to leave because I wanted to not get caught with anything like my roommates did. I then told the police officer that I had to go somewhere because I was going to be late. He asked if he could search me before I went and I said no because I was in a rush. He blocked my path and made me empty my pockets. In my pockets he found 20 pills of concerta in an altoids container. Now he is charging me with Felony drug possession and paraphernalia.

Once I get my court date in the mail i intend to get a public defender. If my roommates and the friend that was there testify that I did not consent to a search of my person can I possibly get this case dismissed?

I'm 18 years old and this would be my first offence of any kind. I am very scared about the outcome of this case.

The police officer's partner did not arrive until after he had found all the items in the apartment.

If I can't get the case dismissed then what is the "average" or "realistic" punishment for my crime?
Get yourself an attorney and ask them. It's going to depend very much on jurisdiction. Of course, if you have a prescription for the Concerta, then that changes things entirely.

And use this as a wake-up call to get the drugs out of your life. Calling yourself 'spaced', marijuana all over the place, and felony possession of psychostimulants is not the way you want to live your life.
 

Spaced

Junior Member
Did the consent form also have a provision in which you consented to a search of your person?
I don't know and a copy of the consent form did not appear in my copy of the charges. I am probably going to ask my lawyer to find that out
 

tranquility

Senior Member
Since "consent" is voluntary, it can be ended at the will of the person--no matter what was on the consent form. The question will be if the police had probable cause to search based on the finding of other contraband in the premises and/or if consent was removed in a clear fashion.

But, in any event, an attorney is called for. I'd certainly stop talking *and writing* about this to anyone but your attorney. That alone may end (Or, have ended.) any chance for success.
 

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