QUESTION
Can police use evidence they found in my home before I gave them the consent to search my home even if I let them in?
Asked on Feb 24th, 2014 on Criminal Law - New Jersey
More details to this question:
There was a home invasion at my home. Police responded to a call of someone being shot. I let them in. They pick up a black bag containing illegal drugs off my living room floor. Drugs is not visible inside the bag. They take me to police station and asked me who's drugs are in the home. I tell them they are mine. They ask me for consent to search home after they already picked up black bag containing illegal drugs. And after they took me to police station. I gave them permission to search. Can the illegal drugs still be used for evidence even though they were picked up and found before I admitted they were mine and before I gave them consent to search my home?
2 ANSWERS
Michael J. Breczinski
Why did they look in the bag? Who was the owner of the bag? I need more details. There is a chance the evidence could be suppressed.
Answered on Mar 04th, 2014 at 7:46 PM
Criminal Defense Attorney serving Englewood Cliffs, NJ
at
Savyon Grant, Esq. & Associates
Update Your Profile
Very interesting question. If it was in plain view the answer is yes. That's a tricky question. You have expectation of privacy, did they open the bag before the consent was given.
Answered on Feb 27th, 2014 at 7:30 PM