Q: A friend and I are having a debate about the legal system in the United States and was wondering if a lawyer could help
Our question is this:
Assuming no criminal history, no prior affiliation with drugs in any capacity, if a civilian were to walk up to an officer on the street, and say "I have cocaine at my house", and go on to refuse any searches and refuse to produce said cocaine, or take any drugs tests, is that sufficient evidence for a officer to obtain a search warrant on their house.
A:
Although I do not practice criminal law, I would think that an admission that you had an illegal substance in the house would be enough to constitute probable cause to obtain a warrant to search the house for that illegal substance. You are basically admitting to the illegal act. At that point, they can even skip the warrant and just arrest you.
I do not know if that statement alone would meet the burden of beyond a reasonable doubt to convict but probable cause is a lower standard. I would think a search warrant targeted at finding cocaine in the house when you already admitted it was there would not be a stretch. But the final decision would rest with a judge.
Please note that this is not legal advice. Please obtain an attorney if you have an actual legal question.
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