QUESTION
Can the police ask to search my home on hearsay?
Asked on Aug 23rd, 2013 on Criminal Law - Georgia
More details to this question:
The police came to my door to ask if I was growing pot. I sad no then they said they smelled pot smoke. I denied that. They asked to search, I refused and made them get a warrant. I am charged with a class 3 felony possession with weight and a class 4 for growing. Can they come to my door on hearsay? Will that person be identified?
8 ANSWERS
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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You may have some issues for a motion to suppress. You should not post anything else about your case. Give me a call if you want some assistance.
Answered on Sep 05th, 2013 at 4:26 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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They can come to your door and ask, and you can refuse as you did. Police are no different than regular people when it comes to the ability to knock on your door.
Answered on Sep 05th, 2013 at 4:26 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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They can come to the door and if they are outside your home and can smell marijuana and then go get a warrant, signed by a magistrate. The search is probably okay but a lawyer needs to review the warrant.
Answered on Sep 05th, 2013 at 4:26 PM
Michael J. Breczinski
Well they can come on a tip yes.
Answered on Sep 05th, 2013 at 4:26 PM
Sure they can, and it will happen as long as you are stupid enough to consent.
Answered on Sep 05th, 2013 at 4:26 PM
Yes, the police can always ask to search your home based solely on hearsay. It is up to you whether to give consent or not. Whether they can validly be issued a warrant based on probable cause related to hearsay is an entirely different issue.
Answered on Sep 05th, 2013 at 4:26 PM
John J. Carney
If you consented to the search then it was legal and you are incredibly easy to manipulate. If they got a warrant retain a good lawyer to controvert the warrant and represent you.
Answered on Sep 05th, 2013 at 4:26 PM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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You stated that they obtained a search warrang and apparently found that for which they obtained the warrant. They did nothing objectionable and respected your 4th amendment rights of privacy.
Answered on Sep 05th, 2013 at 4:25 PM