01/10/13, 11:11 am
So yesterday the police showed up at my girlfriends house and asked for her roommate. She said he wasn't there. Then The police stated they had been given a tip that marijuana was being grown in the house and that they could smell it from the door way. They didn't have a warrant and she let them in willingly. Long story short the police seized a marijuana plant from the house and left, they didn't write a citation or arrest my girlfriend. Do you think they are going to come back and arrest her or the homeowner? Are they most likely trying to obtain a search warrant for a more thorough search of the premises? Are they screening charges with the DA office? It's hard for me to believe that they would just let a felony of marijuana cultivation slide like that...
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United States   |   Utah  |  Criminal Law
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Darwin Overson Says:

Feb 19,2013 3:29 PM

Her first mistake was consenting to the search. Never consent to a search of any kind. If they have a warrant, let them do their job but don't consent to anything. If they don't have a warrant tell them they need a warrant. If they persist, tell them you do not consent to any search of any kind, but don't try to stop them. You don't have to answer any questions and if they ask you questions, politely tell them you want your attorney present for any questioning. If they seized a plant, there is an investigation underway of some kind. Whether they come back with a warrant depends on how serious they believe the matter is. They could be obtaining a warrant to return for a more exhaustive search. If they do, they will make a mess of the house but don't be tempted to "assist" them in any way. Just let them do their job. Don't resist them and don't consent to anything. Ask for an attorney. It cannot be determined from the outline you have provided whether the officers believe the plant belongs to your girlfriend. More specific information would be required. I suggest you contact an attorney for a consultation to determine whether she is likely to be a target of the investigation. The sooner an attorney is on board, the better. Inquiries with the authorities can be made by an attorney without the danger of her making incriminating statements. They could be screening charges. If she gets an attorney, the attorney can coordinate a surrender and likely a release in order to avoid the embarrassment of officers coming in and taking her into custody without warning. What your girlfriend is dealing with is very serious. She needs an attorney.

Darwin Overson
Overson & Sheen, LLC
675 E 2100 S, #2700,Salt Lake City, Utah 84106

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