Q: Need to know if this was leagal search.
Pulled up to house with passenger was informed of altercation with neighbors involving an sks rifle by resident. After around 8 mins the resident says sheriff and runs off. The cop gets out gun drawn and orders us out and to the back and to take everything out our pockets asking where is the gun and where did he run. We said we don't got a gun and don't know. We just got here. He wanted to search i said I'd rather u not he said he just wanted to look for a gun and in places it could fit and wasn't worried bout nothing else. I said if u looking for a sks look around it ain't in there. He picked up a bag 6x6 and opened it and removed a 3in Mason jar that you could not see through and opened it. It allegedly contained a large amount of methamphetamine and small amount of marijuana.
A:
A: It all depends on what exactly you said when he asked whether he can search. If you said " I'd rather not" hmmmm its a little tricky. i would need to know more. Your best bet just based on whats before me is to challenge the consent of the search. He did have his weapon drawn so one can argue that the consent wasn't willfully given. Hopes this helps.
On another note. I am so glad you are here to be able to write this question. As an attorney, I have seen far too often encounters like these not end well. I am truly glad you are here, safe and able to fight this in court. Happy Holidays.
Ecleynne Mercy
Mercy Law P.C.
404-599-3031
www.mercylawpc.com
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