Did the police perform an illegal search on me?

I was in my friends backyard. The way his house is designed the front porch entry of the house leads to the backyard withour one having to step foot into the house. The police officers where searching for a group of kids who were riding go karts and robbing houses. The kids drove around the neighborhood and left. The cops proceeded to enter through the front porch and straight into the backyard without a warrant or a word said. We didn't even notice they were there until they spoke up. Because of this they found a bong and a small amount of marijuana residue hidden in the backyard. It was my friends house but since i was the only adult (im 18) there everything was pinned on me.
Additional Details
we were not in plain view. One has to open a fence door to go through.

Songbyrd JPA âœ¡ Jewish Lawyer

You, in someone else's yard, or in their house, you have no expectation of privacy. The owner does, you, no. Still, who said the bong was yours? Did you confess. Did you get ratted out by a buddy? All in all, not much of a case, except if it was your dope and pipe, you were providing to a minor.

The Boss

Let say for argument sake that the entrance to the yard was legal on the grounds they were looking for a go kart etc. They should have left but observed the smell of marijuana smoke.

One could smell the odor of marijuana smoke on your clothing. With that there is probably cause to search for marijuana.

Where as the search of the youth revealed the empty bags prompting a further search of the surrounding area finding the bong.

As an adult now you find that you're it.

lpdhcdh

Songbyrd has nailed this.

The police had a legal reason to be in the backyard (looking for those pesky "robbers". Not your property, you have no reasonable right to privacy.

John Doe

Were you actually in plain view?

Did they see the marijuana or smell the marijuana or see the bong before they came in?

If they came in with no reason, such as seeing the bong/drugs, then their search is probably not valid. but i'm not 100% sure.

Did they come into the backyard and find this on your person? such as in your pocket? or in your hand?

If it was in your hand, could they see it or smell it from the front yard?

I believe in order to have a lawful search, a crime must be committed in plain view, or they must smell some marijuana.

They can't just walk into a backyard without a reason and then find the drugs by coincedence.

They have to enter with purpose to find the drugs i think.

It's complicated.

john_carlton04

the police had probable cause to come onto the property (searching for thieves on go carts). smoking weed is a crime. don't be a whiner, you committed a crime & got caught.

DOOM

You were in plain view, and therefore had no expectation of privacy.

Gabriela F

Seems like you live in a bad niegborhood 3 wrong things here....there are some dumbs kids with the go karts then theres you chilling outside bad impression & there is the marijuana what about you get your act together & stop hanging around places & around people that can get you in trouble i dont blame the officers at all i think they did a great job

jcsaves316

bad luck- you are fair game. explain it to the judge, he might listen. good luck

Duane J

well if you all were in plain view and then there was no illegal search....and if you don't use illegal substances then you wouldn't have to worry about "illegal searches"

Justin S

The bong is in plain view even if hidden behind a BBQ grill. If they don't have to open anything to get to it, its in plain view. In the backyard you have no right to privacy. Its open on the top.

The bong becomes illegal as soon as weed was smoked from it the first time. When you buy the bong the store states its for tobacco use only thats why it is legal to be sold. You violated the law by using it for non-tobacco smoking.

Astrolion

Why did they enter the house in the first place?
Stepping into a porch area through a door IS entry into a home, whether or not it leads directly to a yard. So for starters they illegally entered the home.

What made them search the yard?
Its probably irrelevant being that they already illegally entered through the house (they were not invited in, they were not in pursuit and they did not have a warrant.).

Personally, I think you have a good case for illegal search and seizure, as well as illegal entry.

Some cops these days think they can do what ever they want and legally they can not.

LAW above ALL

You little pothead.

SmileItsNotThatSerious

You were violated. I would get a lawyer, this can easily be thrown away.

TURANDOT

If the backyard wasn't fenced in, you were game

Mr. Goodhi

It was an illegal search.

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