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Something to be warned of.

Many years ago, I was out with friends for a couple of days, I came back alone to my own apartment having chest pains. I called a women I was dating at the time who was not and did not live at my apartment to please come and take me to the hospital. She agreed.

I went outside to wait and locked my apartment door as I left. Suddenly the police arrived in 3 police cars, later I found that my 'girlfriend' called the police. Not 911, the police. The police told me that they wanted to enter my apartment, I kept telling them no. They finally told me that I had to give them my key and if I didnt they would take it from me by force. I didnt want to get beat up (forced) so I gave it to them, stating clearly 'You do not have my permission to enter my apartment'. I did not even know about implied consent.

They searched my apartment and found only 2 (two) pills of ecstacy I had in the back of my sock drawer for several months. Felony. EMS arrived and I was taken to the hospital.

My lawyer, didnt do much. The prosecuter claimed IMPLIED CONSENT because I 'gave' the police the key. I said I did so under threat of force. Prosecuter claimed that since I needed medical attention, I couldnt remember clearly. The officer involved constantly stated HE couldnt remember whether I said it or not. The judge found against me and I lost. I still believe that if my lawyer was any good he could have gotten me out of it.

Just make sure you know that if you give your apartment key to the police, you are implying consent to search regardless of circumstances or what they say.

I am not asking for advice since its been over and done for a long time but I do wonder though, what would have happened if I refused to give them the key, if they would have/could have forced them from me as I was threatened that they would and if the search would have still been valid. Maybe someday legalzoom could update this article to include implied consent situations.

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