Question and and answer about improper search and seizure
Question and and answer about improper search and seizure
Q : Police improperly enter my residence. I asked them to leave several times. Officier then claimed they entered due to probable cause because he could see marijuana on my refrigerator from the door. I can produce photographic evidence that it would be impossible to see the suspect marijuana from the door. I told officer it was not marijuana and a reasonable person would never believe it to be marijuhana. It did not look or smell like marijuana. I and two other witnesses told the officier it was not marijuana. Their lab test prove it was not marijuana. After using the marijuana as probable cause to enter. Another officier seach under a coffee table on hands and knees using a flash light found drug papaphenelia. The marijuana charge was dropped but I still face a prohibited noise violation and drug paraphenelia charge. I need appellate court decisions. On improper entry and seach to file a motion to dismiss the case and a motion to surpress the drug paraphenelia evidence. And since the probale cause was the suspected marijuhana and it was not what other legal, avenue can I use. Plus officier in their written report claim he ask me was it marijuhaqna and I refuse to answer. Common sense tells you a person would not du that plus I have two witnesses who would say other wise.
A : It's not possible to address your concerns without knowing the State in which you are located.
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01-05-2010, 02:03 PM
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