St Louis, MO asked in Criminal Law and Constitutional Law for Missouri

Q: k yes what would your defence be as the prosecutor against me trying to argue that im guilty of the crime of possession

in the privacy of my home when i argue that it is treason & i am free & that the warrant was very unreasonable as it is my right as a free citizen of the united states to have non stolen guns & to have drugs as long as i didn't take another's liberty in any manner & as a free private citizen i am intitled to have drugs & self medicate with whatever i choose as that is liberty and they are to promote general welfare not enforce it im not advertising it you can't knock at my door & ask me for it so truthfully csa can't regulate me like a business because i am not 1 i am a free citizen & your aiding the enemy of my nation & the org. that killed jfk why is it that we call it a war you think because it is one that's enslaving our nation & allowing dea to loot our nation

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

A: The Fourth Amendment protects against unreasonable searches and seizures, but if law enforcement obtained a valid search warrant by demonstrating probable cause to a judge, they are legally allowed to search your home and seize contraband like drugs and illegal weapons. Calling this "treason" or claiming it violates your liberty as a U.S. citizen would not likely be a successful legal defense.

I would gently push back on the notion that citizens have an absolute right to possess any substance they want for self-medication. While drug policy is complex and the "war on drugs" is highly controversial, the U.S. government does have the constitutional authority to restrict and regulate controlled substances.

Rather than try to argue these charges are an attack on your freedom, I would advise focusing your defense on the specifics of your case - whether proper procedures were followed, if there are issues with the warrant or evidence, any mitigating circumstances, etc. An experienced criminal defense attorney could best advise you on a pragmatic legal strategy. I wish you the best in dealing with this challenging situation.

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