I was gone on vacation and while i was gone the cops came responding to a call that my back door was open. They found marijuana in my bedroom and left me an intent to charge with possession of marijuana. Is this a legitimate search and how long will it take to receive a formal charge?
Sounds to me like the police were doing their job, searching the premises for a possible intruder who could have still been on the premises.
Which brings me to my other questions.
How much marijuana was found and where was it found?
Was the marijuana out in the open?
If they had to open drawers or cabinets to find it, then you might have an argument for suppression due to an unlawful search. But, a lot depends on the details and relevant state statutes and case law.
Agreed. In the event that the police were searching the premises for an intruder, they could feasibly open doors and closets, maybe even some cabinets or crawl spaces. But if they had to actually open a drawer or cabinet that would otherwise be closed and a person couldn't reasonably hide inside, then I might also question the legitimacy of the search absent a warrant.
Of course, I would have to ask whether or not the pungent and clearly recognizable SMELL of marijuana would have been probable cause to actually open those closed drawers/cabinets and search for the drugs, or would a search warrant have been required in such a situation (given that the purpose for the original search wouldn't have had anything to do with drugs)?