Can the police enter a home if called on a domestic dispute and search it and arrest someone on possession of marijuana?

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Can the police enter a home if called on a domestic dispute and search it and arrest someone on possession of marijuana?

My son got into an argument at my ex-wife’s home with her boyfriend. The police were called by whom it is not clear but not by my wife, we suspect the boy friend. There was not any physical damage to anyone or any property. My ex and her beau were outside when the police arrived. They wanted to speak to my son, my ex said she would get him but they said no they would as they needed to see if there was any physical damage. The police proceeded to enter and search the home. They found marijuana and a bong in the garage and arrested by son for possession.

Asked on October 22, 2012 under Criminal Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if law enforcement is called to a home concerning a domestic violence matter and contraband such as you have written about in your question is observed in plain view, law enforcement can seize the contraband and make an arrest of people for possessing such illegal items.


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