Can cops come in my garage without a warrant? 16 Answers as of April 30, 2013

Part of the lock on the door was broke, when I opened the door a gun was pointed at me then I was immediately hand cuffed. Then they went in and found 60 dollars worth of marijuana. I was charged. With possession and attempt to distribute.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
How did the cops come to be at your house? That is an important fact in answering your question.
Answer Applies to: Georgia
Replied: 4/30/2013
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
I would need more information to determine if the officers were able to enter your garage. On the charge itself, you are probably looking at a felony and possibly a misdemeanor charge of promoting (possession of) a detrimental drug. That carries a maximum sentence of either 5 years in prison or one year in jail. You will not likely get sentenced to jail. There are some legal mechanisms that will allow you to keep this conviction off your record. This is a significant opportunity you should not pass up. You will need a lawyer to have the best chance to keep the conviction off your record and know all the rights and problems with this course of action. This is one of my areas of practice and I can help you with this case if you desire. I hope this helps you sort your legal situation out.
Answer Applies to: Hawaii
Replied: 11/6/2012
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 11/6/2012
Hamblin Law Office | Sally Hamblin
Was the garage attached to your house? Generally, if it is, that would be considered part of your home.
Answer Applies to: Michigan
Replied: 11/6/2012
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
They needed a search warrant to search your garage.
Answer Applies to: New Jersey
Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This sounds like an illegal search to me, hire an attorney in your area.
    Answer Applies to: Florida
    Replied: 11/6/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    No, the police need a warrant to enter your house or garage. You should hire an attorney immediately to help you, and do not talk to the police with your lawyer present.
    Answer Applies to: Utah
    Replied: 11/6/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    From the little facts that there are here I would suggest that a motion to suppress would be in order to try to get rid of the evidence they seized.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Connell-Savela | Jason Savela
    Maybe in this case - if you voluntarily opened the garage, the cops are probably ok.
    Answer Applies to: Colorado
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, because there is probable cause (given by the accusers), so no warrant is required.
    Answer Applies to: California
    Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the drugs were in plain sight after you opened the door, the police have a right to enter and confiscate the drugs. If the drugs were not in sight, the police should not have entered the building without a warrant. Hire counsel to review all the evidence, and if warranted, he should file a Motion to Suppress Evidence, which would, if upheld, cause the prosecution to dismiss the charges against you.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If the weed was in plain view, they could seize it.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No, not without a warrant or some sort of probable cause. You need a lawyer for the distribution charge.
    Answer Applies to: Nebraska
    Replied: 11/6/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    No. unless they were in hot pursuit.
    Answer Applies to: Nevada
    Replied: 11/5/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    In order to search your property the police need a valid warrant or a valid exception to the warrant requirement. It is impossible to tell from the brief description you gave whether the police violated your rights or the arrest or seizure of evidence was invalid. You will need to have an experienced criminal lawyer review the record to decide whether any of that can be challenged.
    Answer Applies to: Michigan
    Replied: 11/5/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Need more information. Hire or as for an attorney. Based on experience, there is more here than just cops walking to your place , drawing guns and walking in.
    Answer Applies to: California
    Replied: 11/5/2012
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