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Can I give consent to search if I am under the influence of marijuana?

1 Answers. Asked on Apr 25th, 2017 on Drug Crimes - South Carolina
More details to this question:
about 9pm seven officers came to my house with a tv crew, they said they had to do a wellness check on the children. After they learned they were at the wrong adress they insisted on making sure my children were ok as well, After threats of getting DSS involved I got the children out of bed. The cops see the kids are fine and then say they are also looking for a fugitive, the father of the children he was supposed to be checking on. I inform the officer that the man they are looking for does not and has never lived at this adress or in this house. He says I look nervousness and started to interrogate me, I just said "look man I work everyday and I smoked a joint when I got home and now seven cops are asking to see my kids. It is a little unsettling" the cop again claims he just wants to make sure the guy he is looking for is not at my house. I gave them consent but only after being threatened with DSS. Was my consent valid if I was high and intimidated? (Simple possession 7grams)
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Answered on Apr 26th, 2017 at 8:05 AM

Yes, you can use this defense of intimidation, but the fact that you were high is probably not a viable defense.  For best results, you need to retain a criminal defense lawyer to advocate for you.  This answer does not constitute legal advice nor does it create a lawyer/client relationship.

Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C.

Michael G. Sribnick, M.D., J.D., LLC

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