wife possession drug

[jamie00tlr]

What is the name of your state? NJ
brief overview; my son who is 8 was having a sleep over, after they were put in bed and my wife went to bed they decide to get up and call 911 and hang up. so the police come to the house and make entrance to my house. they begin to question the kids and my wife hears them crying. she comes out of the bedroom and finds three police officiers in her house. they tell her to remain calm and they have to search the house. after searching my wife asks them to leave. they want to question the kids again and my wife said no not with out there parents here. the cops get upset and decide to take the kids back to all there parents. at this time my wife is pretty mad. and she says some not so nice words to the officiers.they arrest her for disorderly conduct and search the house a second time. i am notified of this and drive the 3 hours from my conference to see what the deal is. once i get to the station they want to search my house again. to make sure there are no weopons in the house they already looked through twice.i say whatever and they search it and find a couple of stems on her dresser. they then charge her with possession of marijuana. is there a hope of getting this dropped. or whatever advice someone can offer me
thanks

 

[conflix]

they want to question the kids again and my wife said no not with out there parents here. the cops get upset and decide to take the kids back to all there parents.

From reading your "brief overview" I get the impression the police felt a need to look-out for the children.

What type of questions did the police ask the children after they searched the house the first time...and what do you think would cause the police to believe there are weapons in your residence?

 

[calatty]

Did your wife consent to a search? If so, then the search was legal.

 

[ENASNI]

Oy

There is sooo much more to this story...

 

[Scrutinizer]

If a police officer asks your permission to search your home you are under no obligation to consent. The only reason he’s asking you is because he doesn’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have -- your Fourth Amendment protection against unreasonable searches and seizures.
A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.

Don’t expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, “Would you mind if I search your vehicle, please?” will probably consent to the officers search without realizing that they have every right to deny the officers request.

If, for any reason you don’t want the officer digging through your belongings, you should refuse to consent by saying something like, “Officer, I know you want to do your job, but I do not consent to any searches of my private property.” If the officer still proceeds to search you and finds illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

You should never hesitate to assert your constitutional rights. Just say “NO”!

 

[stealth2]

I dunno, but my kids have had many a sleepover. And I simply cannot imagine sleeping through the cops knocking on the door, etc. Not unless I were to be under the influence of something (which, granted, sleepovers can induce a desire for).