What to do if my 14 yearr old son and 3 of his friends were recently charged with criminal trespass and simple possession?
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What to do if my 14 yearr old son and 3 of his friends were recently charged with criminal trespass and simple possession?
The home they went inside of is owned by one of the boys mother. And in over the past month they have in fact relocated but the home is still owned by her. Of course she is not pressing charges and was only notified about the matter when she came to pick her son up in jail. My question is regarding the policemen entering the home and searching which resulted in finding marijuana stuffed deep inside a recliner. there was no warrant no permission nor probable cause A neighbor called and reported them going into home. Was this search legal?
Asked on March 29, 2012 under Criminal Law, Tennessee
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Criminal trespass and simple possession are normally misdemeanor offenses. Given the age of your son, more than likely he will appear in juvenile court. An officer has a right to enter a home without a warrant or permission if 1) they are in hot pursuit (chasing) of a criminal who has ran into a home, or 2) Exigent Circumstances (an emergency situation where the officer must act to avoid or prevent a criminal activity). Without knowing more of the facts, it appears that the officers received a tip of a possible break-in, investigated, and saw your son and his friends present. Whether or not exigent circumstances existed is a question to pose to the judge in your son's case.
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