McDonough, GA asked in Civil Rights and Constitutional Law for South Carolina

Q: The police came without a search warrant I asked to show it ,they couldn't so he looks in my window and saw paraphernali

When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant. However, the specifics of how this applies can be complex and depend on the exact circumstances.

The threat of violence against an officer, even in a stressful situation, can lead to serious charges. It's crucial to remain calm and not make any threats, as this can escalate the situation and result in additional legal complications.

Your rights during an arrest, including being read your Miranda rights, are a critical part of the legal process. If you were not informed of your rights, this could impact the case, particularly the admissibility of any statements you made to the police.

Given the seriousness of your situation, it is highly advisable to seek legal representation immediately. An attorney can review the details of your case, including how the police conducted themselves, and provide guidance on the best course of action. Remember, in legal matters, having professional guidance is key to navigating the complexities of the law and protecting your rights.

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