Decatur, AL asked in Criminal Law, Civil Rights and Constitutional Law for Alabama

Q: Is this considered a bad search and fruit of the poisonous tree?

My husband called 911 on me as I was in a mental health breakdown ( pandemic - no dr appts available-) I was given the option for ambulance to hospital which i said no- I was then arrested for dv - which my husband never said I hit him- and taken down to the cop car and put in the back. I asked my husband to please get my glasses. I heard him tell the cops he didn’t need them to come in the house- and they said - no were going to help find them- they went ahead of my husband despite denied entry - (hubby recorded) and proceeded to search in every room opening drawers and looking behind things - going into different rooms- well - after I was already in the cop car and charged with a crime- they came down the stairs and proceeded to again tell me I was under arrest again- for felony possession- I told them they could not go in the house- my husband told them they couldn’t go in the house- I had to say the drugs were mine as my husband was getting cuffed but I think this is a bad search

1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
  • Birmingham, AL
  • Licensed in Alabama

A: You should get in contact with a criminal defense attorney and allow him to get discovery (specifically body cam video) and evaluate the case. Based on the facts provided here I do not see a reason why a search of the home would have been justified, but without a full review of the facts of the case and the evidence it is hard to say.

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