Was this a legal search, can evidence be suppressed?

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Was this a legal search, can evidence be suppressed?

My husband who is on parole was person of interest in a drive by shooting. Law

enforcement searched our home, without my permission and found drug paraphernalia and an empty baggie. We are both being charged with possession of a controlled substance, and drug paraphernalia. Since I am not on parole and I did not give permission for a search, can the evidence be suppressed?

Asked on December 20, 2016 under Criminal Law, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The evidence won't be suppressed for the following reasons:
If the police had a search warrant, they could search your house and any contraband found in plain view would be admissible evidence against you and your husband.
If the police did not have a warrant, they could search your house by claiming exigent circumstances; in other words an emergency or urgent situation since they were looking for a "person of interest in a drive-by shooting", who may pose a danger to the police or other members of the public.  In the course of that search, any contraband in plain view is admissible evidence against you and your husband.
The police can search without your consent.


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