Though medical marijuana is now legal in Oklahoma, recreational drug use and drug-related offenses are still taken seriously by law enforcement and the courts. Being found in possession of marijuana without a legal authorization can lead to severe consequences. But what exactly happens if you are found with marijuana, or it is discovered when your house is searched? Read on to find out the lie of the land from an Oklahoma City drug crime lawyer.
What Happens if Marijuana Is Found in Your Home During a Search?
If marijuana is found in your home during a lawful search, the legal outcome largely depends on several key factors, including whether you are a licensed medical marijuana patient, how much marijuana is found, the circumstances of the search, and whether other criminal elements (such as intent to distribute or presence of firearms) are present. However, some steps in the process are the same whatever the circumstances.
Law Enforcement Will Arrest You
In some cases where only a very small amount of marijuana has been found, law enforcement may choose just to issue you with a citation. However, if you do not have a medical marijuana license (and sometimes even if you do) and marijuana plants or products are found in your house, you will probably be arrested. At the time of your arrest you should be told why you are being arrested, and must also be shown the arrest warrant if one exists.
If you are being taken into custody and officers intend to question you, they must “read you your rights.” This refers to the Miranda warning, which informs you that you have the right to remain silent, that anything you say can be used in evidence against you, and that you have the right to an attorney. The officers do not have to read you these rights if they do not intend to question you straight away. However, if they begin questioning you without having done so, any statements you give may be thrown out by a court.
Information You Are Required to Provide
There is some information that you are legally required to provide when arrested. This is in the main part so that officers can be sure, when executing an arrest warrant, that they are arresting the right person. You must give officers the following pieces of information and should not attempt to deceive or confuse them, as it will not help your case to do so.
- Full Legal Name
- Date of Birth
- Address
- Proof of Identity (if they ask for it, and you have it on you)
You Must Not Answer Any Other Questions Until You Have Spoken With a Lawyer
If you have been arrested, you have the right to legal counsel and cannot be forced to answer questions until you have spoken with an attorney. You must ask for a lawyer as soon as possible and need to refrain from answering any questions after that point. You do not want to give law enforcement any ammunition with which to claim that you waived your right to counsel.
Law enforcement officers may suggest that only guilty people need a lawyer, or that they are sure you can explain things to them and sort things out right now before things get complicated by an attorney. Do not listen to them. Remember, you cannot be punished for insisting on your constitutional rights. Waiting for a lawyer does not make you look guilty, it makes you look smart.
If You Are Arrested by Oklahoma City or Other City Police
If city police arrest you, they may either take you to a city police station or to a holding facility. When you are there, officers may complete some paperwork, begin the initial booking process, and decide whether you will be cited and released or taken to the county jail. If the charges against you are serious, such as a violent crime or a felony, you are likely to be taken straight to the county jail for full booking and possible detention.
If You Are Arrested by County Deputies or State Troopers
If you are arrested by either of these groups of law enforcement, you will typically be taken directly to the county jail, and the full booking process will happen there.
At booking, more information will be taken. Again, you cannot refuse to provide the following information:
- Legal Name
- Date of Birth
- Address
- Social Security Number (if known)
- Fingerprints
- Photograph (Mugshot)
- Physical Description (e.g., height, weight, eye/hair color, identifying marks)
What Kinds of Search Are Legal?
The Constitution guarantees the right of people to be secure in their homes and protects them from unreasonable searches and seizures of their property. This means that for a property search to be legal, law enforcement typically needs a valid search warrant, or consent from a resident.
If marijuana is discovered during an illegal search, your attorney may be able to file a motion to suppress the evidence, potentially leading to dismissal of the charges.
Exceptions
Probable Cause With Exigent Circumstances
If there appears to be imminent danger to life or property, if evidence is likely to be destroyed, or if a suspect may escape in the time that it would take to get a search warrant, police officers may be allowed to conduct a warrantless search.
Plain View
Law enforcement can conduct a warrantless search if they can see contraband from outside your dwelling in a place they are legally allowed to be. As an illustration; they would be allowed to enter your home to search if they could see marijuana plants in your kitchen from the public sidewalk. However, if the items could only be seen from an enclosed backyard, or from a tree climbed by law enforcement, a search conducted on these terms would likely be ruled unlawful.
Hot Pursuit
Police may seize any incriminating evidence that comes into view while they are pursuing a felony suspect, that is, while they are in “hot pursuit.” For example, if you or someone else is pursued into your home, and the police see marijuana there during the chase, that would constitute a legal search. They do not need a warrant to enter a home in pursuit of a felony suspect, though they may still need one if the person is suspected of a minor crime.
Consult a Drug Crime Lawyer
Even a misdemeanor drug charge can lead to adverse consequences in your life, providing barriers to education, employment, and even housing. With that in mind, it’s important that you take steps to protect your rights and work towards a positive outcome. We focus on this specific area of the law, and have experience dealing with all kinds of drug cases. From disputing the legality of the search, to getting improper statements thrown out of court, we will protect you from legal pitfalls and provide you with a robust defense.
If marijuana is found in your home during a search, the consequences can range from minor citations to serious felony charges. However, you can fight them. Don’t let a possession charge ruin your life, but
get in touch with us at Cannon & Associates at one of our locations in Oklahoma City, Edmond, or Norman, OK.