As the title states, I called the police because I was having a mental health episode and thought I was in danger. They came and looked through my home. They also opened drawers and found drug paraphernalia. I didn’t consent for them to search my drawers and cabinets. Can I fight the paraphernalia charges or did they have a right to search my drawers because I called them to my house?
Location: Pennsylvania
Comments
Huh. Do you know if your reported concerns included things that could be found in drawers ?
In general, police don’t have to ignore evidence or contraband that is in plain sight. But without a warrant, they can’t search the house for any other purpose than a sweep for suspects.
It is very uncommon for police to arrest someone solely for small amounts of narcotics or paraphernalia during a noncriminal contact in their home.
I think that yes, you have a decent argument to suppress the results of their overly-intrusive warrantless search.
You invited them I … They did not need a warrant and anything they find well… Take a guess but definitely go on the worst case scenario!
Hire a defense attorney or use the one appointed as public defender. They will do a motion to suppress and it is quite possible that their search in drawers was without probable cause.
The big question is whether you gave them permission not only to enter, but to search your belongings.
They may try to argue something like, they were trying to determine what you were on to help you with an emergency, but the lack of medical attention they requested for you and the fact they communicated nothing to medics will show they were only using the circumstances as an opportunity to conduct an illegal search.
Pennsylvania, Massachusetts, and Virgina are the three states that have greater privacy protections under the state constitution than those given by the US Constitution. Privacy is so great in PA that it is a felony to secretly record someone without their permission when they have an expectation of privacy.
Man… kinda a dick move… but okay.
Bunch of details are left out BUT; if you said you were in danger, I’m assuming it was in your house. They cleared your house, because YOU said YOU were in danger, I’m thinking they found this stuff in plain view.
The plain view doctrine gives them the right to warrantless search, should they have a legal justification to view said contraband from where they were.
They also may have been looking for weapons/drugs that you may have harmed and/or attempt to harm yourself with.
Show up to court and as public defender.
Depends on what the body cam actually shows. If you called them and allowed them to enter then you invited them to “look around”… this obviously does not give them the authority to check inside drawers which is outside the scope for what they were called for.
If you said “he/she” hide a firearm in the home and I’m scared… you opened the door to them searching places that could conceal a firearm.
You calling them for a B/E and them randomly searching drawers? Sounds like there is more info you’re not sharing. We’re there other drug items that were out visible during their “walk through” of the property? Then thats probable cause to search for other items related to what was out in the open.