Q: Is evidence obtain during a search of my home because of anonymous call to social services claiming neglect be used me
Call was made anonymously to report my husband and I for neglect of our daughter. No details on the call yet. Social service workers arrived with 2 local deputies. Claim the found small amount of controlled substance in a bag and we both charged with possession. Can a search be done without a warrant under these circumstances? Wouldn't the call be considered hearsay and not enough to justify a search of the home? And can we both be charged with possession using same evidence of "small amount of controlled substance in a bag" for both cases?
A: They cannot search your home unless they have a warrant or you gave them permission to search your house. Even if the call was hearsay, which it is,, it must be corroborated by other evidence. They can charge both of you with possession even with a small amount.
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