QUESTION
Police coming to apartment and taking marijuana and paraphernalia without warrant or making charges.
Asked on Feb 19th, 2012 on Drug Crimes - Illinois
More details to this question:
Police entered our apartment when they saw paraphernalia on the table. Upon search, they found a small amount of marijuana, a xanax pill, and more paraphernalia and a scale. Because of the scale they believed we were distributing. They confiscated everything and we were told we need to come to the police station to have a meeting in two days or we will have a warrant for our arrest. Also, two of the roommates were out of town and did not have their room searched, I believe because there was no search warrant. Can we still be charged days after? Is there any advice you can give?
1 ANSWER
Lori G. Levin
Although some time has elapsed, if you have not done so, you should immediately contact an experienced criminal defense attorney. The law of search and seizure is very complex and rests, in part, on the facts alleged by both sides. You do not state how or why the police were in the premises and if they had a right to be there. Although the police may have had the power to arrest the inhabitants immediately, they did not have to do so.
If you know, as in this instance, that you are under investigation, an experienced attorney can assist you. Furthermore, you should not discuss the matter with law enforcement until you have obtained counsel.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
levin@lorilevinlaw.com
www.lorilevinlaw.com
Answered on Jun 20th, 2012 at 2:52 PM