Question

  08/22/13, 3:03 pm
Police came to my house to serve a bench warrant on me and searched the house and discovered a marijuana plant growing in my closet. I was arrested and charged for manufacturing marijuana. Can they legally do this without a search and seizure warrant?
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United States   |   Pennsylvania  |  Criminal Law
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Answer

Jason Dunkle Says:

Aug 22,2013 3:38 PM

The law is rarely black and white but instead falls in gray areas. If the police have a warrant, they most likely can lawfully enter your residence and arrest you. There are exceptions to the warrant requirement that sometimes allow them to search other places, but those exceptions depend upon the facts and circumstances. For example, if you were involved in a robbery with accomplices, the police are allowed to search other areas of your residence when they arrest you because they know that you have accomplices, and those people could injure them while arresting you. Most things with the law depend upon the precise facts and circumstances associated with a particular case. You need to contact an experienced criminal defense attorney in your area. Check out the Pennsylvania Association of Criminal Defense Lawyers to find a good attorney in your area.

The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.


Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com

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