QUESTION

Is it legal for police to enter my home and seize marijuana due to my parents' claim that I was suicidal, and if so, how may I get this charge revoked

Asked on Oct 28th, 2015 on Drug Crimes - South Carolina
More details to this question:
The home is in my name and in no way connected with my parents. I am 27. I sent a video by text to my boyfriend, who lives with me and whom I was arguing with over text, of me cutting my leg in frustration. I have been a cutter for over ten years and have only cut superficially as is clearly shown in the video. I never stated or showed that my intention was suicide, nor did I send the video to or personally involve anyone else. My boyfriend involved my family, and I responded to worried texts from my parents and siblings stating that I was OK and wanted to be left alone. I wouldn't let my family inside and was unaware of the police presence until they yelled at me and broke my window and entered. I was told I could go to the hospital but my dad began yelling while I was cooperative, and I was arrested immediately, uninformed of what I was being accused of or probable cause for police presence.I was charged with possession of marijuana/paraphernalia, located in a different room than I.
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1 ANSWER

This comment does not create a lawyer/client relationship.  The police are allowed to enter a dwelling under exigent circumstances.  A suicidal threat is arguably exigent circumstances, but this can be argued.  If something is in plain view it is argueably grounds for charges, but this too can be argued against. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com
Answered on Oct 29th, 2015 at 12:29 PM

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