Q: can a charge be dropped if coerced into a search when I said no more than once to enter my home?
Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed. Once inside they said nobody would go to jail if I agreed to work with them. I said I’d think about it to buy time. They did find something inside. My question is can I be charged with what they found even if they threatened me with detainment and arrest before I agreed to a search?
A: Any case CAN be dismissed, but just because the police lied to you will not automatically cause the matter to go away. Start talking with local lawyers. Good luck.
A: I am sorry for the way you were treated. A couple of things you should be aware of. First police must have corroboration from another source. A neighbor (or ex...) c/n simply call police and then police w/o more accepts the statement and performs a search of your house. A home is supposed to be the most sacred place you have so the law requires more to encroach on that security. Also once you deny the request to enter your home police are not allowed to then coerce your consent by threats. Unfortunately you can still be charged and be required to fight the charges.
A: Now you ask a "different" question than the one before. Can charges be dropped? Of course. You may run into a prosecutor here and there who checks out the police misconduct, and if that prosecutor finds the facts in your favor the prosecutor might dismiss charges. However, prosecutors tend to believe cops over citizens. Do NOT expect the State of Texas to accept your version of the facts, and do not expect them to do the right thing in all situations. Law enforcement is a tight community, and prosecutors are not likely to believe you over the police. So, get a lawyer who is willing to file a suppression motion. get a hearing on that motion and convince the judge you are right. Line up your witnesses and your money, and go see a lawyer. You need to get out in front of this right away. Now get busy on helping yourself and quit hoping against hope that the State of Texas will be your friend over the cops who illegally entered your home. Good luck to you.
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