my bf does music has alot of friends we just got a house after 5 years,due to a fire so all friends,family want to come see it plus his music brings lot of traffic we live in the suburbs,the cops came to return a b. certificate of the last owner and claim they smelled weed,and they said there is alot of traffic but hasnt been over the last 4 months and they dig in my trash and found container of my moms meds,for her illness and they think were dealin.they came 2 days ago and asked 2 search the home with are consent and we said no cuz we were offended by wat they were saying so wat do you think happens next they said they didnt have enough to get search warrant i know a few cops there they told me most of this but they cant do anything to help me .i dont want them to tear my house up or scare my kids,my bf smokes weed and has aascale so people dont rip him off will i get in alot of troubl if they find that less than ounce.please can they get search warrnt with so little prob cause HELP.
2006-08-07 16:13:29 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I would say that they do not have enough probable cause for a search warrant, but you need to consider that they will continue to watch your house as long as there is a high volume of traffic and eventually they will get the probable cause to enter into your house and if they find drugs there it could lead to other problems for you. They could seize your house if they think your bf is dealing from the house (the high volume of traffic is a sign of this) and you dont want your kids around that sort of lifestyle. My best advice is to tell the bf to stop smoking in or around the house and best to leave it alone all together. There is nothing to do about the search warrant now until they get probable cause and once they get that there will be nothing to do except open the door for the nice police men.
Do you really want your kids to see that lifestyle? There is a chance also that the state can allege that this is not a good home for your children and take them away...You know you dont want that...
Good Luck
2006-08-07 16:26:16 · answer #1 · answered by Walter J 3 · 0⤊ 0⤋
I agree with dh1977. Reevaluate your priorities.
If the police do end up with enough for a warrant and search your house and find the drugs. You will be as guilty. (vicarious liability) as your bf. That'll lead to a lot of other problems.. like LOSING YOUR KIDS. Why would you want drugs in the house where your kids live? That to me is just irresponsible parenting.
Anyway, they will need probable cause for a search warrant. Probable cause is defined as a reasonable person giving the same set of circumstances would come to the same conclusion. In other words... ask you mom. If you gave all the evidence you had to your mom, would she think something was going on? If so... that's probably good enough for probable cause.
You do have every right to refuse them entry UNLESS they have a warrant. Your trash on the other hand, once it leaves your curtlidge, it's public property. It might happen someday that you'll have to explain why your mothers drugs were in your trash. That might be a little odd. But it's a stretch.
My suggestion, Clean up your act. Lose the drugs or lose the bf. Your kids are not worth it. Grow up.
2006-08-07 16:39:04 · answer #2 · answered by asterisk_dot_asterisk 3 · 0⤊ 0⤋
Are you serious? Your boyfriend smokes weed and has a scale and you don't see why the police think something is going on there? Maybe you are the only one who is blind, but your boyfriend has something going on. And, really, does your mother usually throw her medication away? Does she live with you? I doubt what the police found in the trash were your mother's medications.
Anyway, you should leave your boyfriend, and here is why... YOU HAVE A KID!!! You need to start taking care of your kid first and get your life together. Stop being a doormat. Because the police WILL be back with a search warrant, and they will tear through your house. Once they have suspicion of drug activity, they are not going to stop the surveillance on your house. They will find something (because seriously, your boyfriend has something going on) and then, what are you going to do? Do you want them to take your kid away? Get out of there!!
They CAN get a search warrant. The only reason they might wait is because they want to bust the two of you with more. If that's the case, they will wait until they have more evidence and then get the warrant.
2006-08-08 05:21:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well you already got a slight problem. First off if they come back with a search warrant, and they find any pot and the SCALE you as well as he will most likely be arrested and charged with Dealing. But the best advice I can give you is get out of this situation. BUT should you stay, well You have the right to remain silent, Anything you say can and will be used against you in a court of law, You have the right to have an attorney, You have the right to.... You get the picture yet?
2006-08-07 16:32:16 · answer #4 · answered by GRUMPY 7 · 0⤊ 0⤋
Stop.Listen 2 yourself.Read your question.If you r so concerned about your kids then stop allowing this bad element near your kids.The cops wouldn't be knocking on your door if something wasn't going on.I'm sorry but grow up.If your bf is bringing all this bad stuff to u and your kids then he/she has to go.But only you can hopefully put your kids before your dope smoking bf.Sorry, I don't mean to be a dick but once you have kids involved then that changes everything.The police will find PC if they want to,How about endangering the welfare of a child.
2006-08-07 16:29:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You are worried about cops scaring your kid, but you live with a guy who uses drugs? I think you should reevaluate your priorities. What if they have CPS take your kids for living in an unsafe home? I hope the cops do come to your house, then maybe your kid will have a shot at a decent life.
2006-08-07 16:19:14 · answer #6 · answered by dh1977 7 · 0⤊ 0⤋
yes. so get rid of anything incriminating before they come busting down the door. they will lie to get a search warrant. next thing you know your world gets turned upside down, your kids ripped from your home and then your profiled as a heinous criminal. it's happening and they don't care who's lives are ****** up. they are gonna revenue on your life and believe me they don't give a crap about you your job and definitely they don't care about your kids. they don't have a problem abusing your kids. good luck!!
2006-08-07 18:41:02 · answer #7 · answered by nellie 3 · 0⤊ 0⤋
Liar. You shouldn't have mentioned the scale. People who just use don't use a scale. That's such BS. Dealers wouldn't tolerate someone using a scale a challenging them. What would your bf do if it was short? File a complaint with the Better Business Bureau?
2006-08-07 17:14:31 · answer #8 · answered by gunsandammoatwork 6 · 0⤊ 0⤋
If the police find the weed, they can not only arrest your bf and yourself, but in many states they can take your house away under drug forfeiture laws.
2006-08-07 16:40:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
a cop can get a warrent if he wants to go through your panties drawer.He will just lie to the judge and say something else to get what he wants the scale is illegal.If you have kids then CPS will get involved and than you got a lot more to worry about than just weed.good luck!
2006-08-07 17:30:35 · answer #10 · answered by Desperado 5 · 0⤊ 0⤋