Seymour, IN asked in Criminal Law and Constitutional Law for Indiana

Q: Can you help?

A family lets the police inside their house. They inform that this is just to introduce themselves. A police officer asked to use the restroom and on the way to the restroom he finds a closet full of marijuana. Is he able to make any arrests on the family or are they protected by the 4th amendment?

1 Lawyer Answer

A: This sounds like an extreme case of "knock & talk". VERY suspicious! Can they arrest? Sure! Is there a 4th Amendment violation? Very possible. If charges are filed, depositions of the cops and a suppression motion are options.

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