Expert: Darrin Bell - 12/18/2007

Question
QUESTION: I called the police because of a domestic violence dispute with my husband. When they got here he had left. I told them that when they came in the front door. Subsequently they went through the house and found large quanities of marijuana. They then called for a seacrh warrant and executed taking a lot of our things, small amount of money ($65)and the marijuana. Will the search warrant stand with probably cause, since i told them he was no longer there and they still chose to go into the basement and go into closed rooms without asking?

ANSWER: m,

it really depends on the judge and where you live.  they should have searched for him for your safety to make sure that he was not hiding.  if they found the marijuana in a place where he could have been, then chances are good that it will stand.  if it was somewhere like in a commode, then probably not.

darrin

---------- FOLLOW-UP ----------

QUESTION: I stay in wayne county michigan. The marijuana was found in a drawer. They went into a closed room in the basement, after i explicitly said that he had already left. I didn't even invite them in. They walked into the house because the front door was open.

Answer
m,

if it was in a drawer, with a good attorney, it should be suppressed.  they should have checked the house to make sure he left though, just to be on the safe side.  to many women have been hurt because they were not alone but had to tell the cops that.  so that is for your protection.

darrin