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possible illigeal search and seizure
    #10309592 -

I know there is a security forum but my friend was sent a secret indicment today by two local dtf agents and two local cops. i guess they got him on two counts of trafficing marijuana one in a school zone.

Where it starts to get hairy is when he answered the door they served him and put him under arrest for warrant. he asked on of the officers if they were doing a serach and they said no, they were just there to serve the indicment and place him under arrest for the warrant. they dtf agents went in his house to talk to his mother and prceeded to search the house. the mother never saw a actual search warrant but was to scared to question police. they found a pair of scales on the kitchen counter so i think they may give them probable cause to search the rest of the house. they only got his 4 bongs including one he hand made and 9 grams of personal weed.

They found the key for the car sitting outside which happens to be in my name. nothing was found in it but they took the key and without asking unlocked the door and searched the car. that would be the second count of illeagal search and seizer. he plans to try and get a lawyer and hopefuly we can make a good case. another funny thing is they mentioned to him that warrants came out a 8 this morning they were at his house at 10. he locked the key in my car and called the police to open it before any of this happened. the police called me to verify it was alright to unlock my car. they just unlocked it and left. 10 minutes later the same cop comes back with the dtf agents. how could they have a search warrant for a warrant arrest and an indicment serving in 10 minutes when the county seats like 15 minutes away. they cops also mentioned that they didnt have his address on file because they ran him when he called to get the car unlocked.

so that means that cop had to go back to the station see the indicment and say hey i just saw that guy lets get him. this is a smaller town and he didnt deal that big there are guys in this town that deal way more than him and havnt got nothin. what do you guys think of the situation what do you think his charges will be and do you think this is a winnable case

Edited by federaldb59 (05/08/09 07:03 PM)

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309639 -

I can hardly understand what your saying but if the the mother let the cops enter the house and they saw the scales they are allowed to search at that point untill the mom tells them to stop in which case they would get a search warrant. Also they can fax warrants so they dont actually need to go to the court to get them signed. Anyone feel free to correct me if something is wrong but as far as I know that is what the deal is.

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309648 -

Split your post up into a paragraph or two, makes it MUCH nicer to read.

Why was he selling weed in a school zone?

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Re: possible illigeal search and seizure [Re: Country1]
    #10309657 -

what about entering my car unlawfuly? and the mother didnt let them in. they hand cuffed my friend put him in a squad car and walked in his house to talk to his mother. they started looking around and noticed them on the table. the point that they entered with no search warrant and declared to him that they had no search warrant.

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309671 -

he lived down the road from a chruch and wasnt aware it had a preschool

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309674 -

If the cops asked if they could talk to her and she said yes and stayed inside the house the cops will consider that good enough to enter. Once they saw the scales the cause is there. Im not sure about them entering your car sorry.

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Re: possible illigeal search and seizure [Re: Country1]
    #10309679 -

they didnt ask her they arrested him placed him in the car went in the house and walked upstairs to find his mom

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309715 -

When they seen the scales that was cause to search anything.


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Re: possible illigeal search and seizure [Re: federaldb59]
    #10309754 -

1.) What country/state are you in? That makes a pretty big difference.

2.) If you know there's a security forum, why post this in the pub? There are plenty of legally well-informed posters with a firm grip of many of the nuances of America's legal system in the security forum.  Here in the pub, you're mostly going to get feedback from us laymen.

But assuming you're in the US, it sounds like he has a good shot at getting off free (or getting a good plea bargain) with a decent lawyer.


--------------------
Bufotenine Yopo/Cebil Info | Guide to Hunting/Using Fly Agarics
Good Drug Books
PCPiHKAL|Rhodium

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Re: possible illigeal search and seizure [Re: Entropymancer]
    #10309782 -

im in the us and in ohio. when the undercover made the buys they had to of only been like an eigth. it seems like nobody ever realy go to the security forum so i posted here because i need to know if i could make this a case. they mightve had probable cause to search the house but they had no rightor consent to take my key and unlock and search my car parkedon the road. i wasnt even there and they asked nobody. i lookied on norml and found two local lawyers and we may give them a call on monday.

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Re: possible illigeal search and seizure [Re: Country1]
    #10309826 -

Country1 said:
I can hardly understand what your saying but if the the mother let the cops enter the house and they saw the scales they are allowed to search




nope... scales do not provide probable cause, in the kitchen
it's most likely a dietary scale, cops insisted they could
search my house once based on a scale sitting on a toolbox in my
livingroom, sorry officer, that's a carburetor float scale,
notice the carburetor sitting next to it...


federaldb59
if the mother gave permission to search the house then the
search was legal even if it was through the use of intimidation,
as for searching the car, that was illegal as the car was locked
and not registered to any resident of the home, good idea would
be to go down and file a formal complaint for an illegal search
of his vehicle, he's well advised to take a couple of witnesses
and some recording equipment, both audio and video, separate
because cops like to freak when cameras are on them, there's no
law against filming cops and make sure if something is
mentioned, it;s for the protection of both the officers handling
the complaint and the complainant


when you get there simply ask for a uniform complaint form to
take with you, do not give them any other answers, stand your
fucking ground on that because the duty officer doesnt need to
know whom the complaint is against nor do they need to know what
it's for


--------------------
California Has Legalized Child Prostitution

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Re: possible illigeal search and seizure [Re: Polk_Audio3]
    #10309836 -

PolkAudio2 said:
When they seen the scales that was cause to search anything.



scales are not probable cause otherwise they could make the claim
about antique scales, gun powder scales, bathroom scales and as I
mentioned, dietary scales


--------------------
California Has Legalized Child Prostitution

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Re: possible illigeal search and seizure [Re: Prisoner#1]
    #10309951 -

HI
Are you yourself in any trouble?  I am trying to figure out why you want to do anything about them searching your car.  I know it sucks and a violation of your rights and you probably could (should) file a formal complaint.  But other than that,  I don't think that anything will come out of you being illegally searched in your bud's case.  Obviously a lawyer will know better than me, but I have a feeling that it doesn't really matter that they searched your car for his case because they found nothing and it wasn't his car so it had nothing to do with his case.

I wouldn't waste your money on a lawyer for nothing.  Now, your friend is going to need to get a lawyer, so he probably should mention your car to see what he says, but it probably won't matter.  Let usknow though, I am interested.  But as far as his case is concerned, I have a feeling that it doesn't really matter if they searched your car. 

Also, you did give that same cop permission to open your car, so that might count (I am not sure though) as giving permission to search.

---note: you may want to skip the next long rambling paragraph since it is long and kind of offtopic...i just spent so much time on it that I thought it should be posted.:tongue:

This reminds me of one time when  I was in high school drinking in a park and my friend and I just got out of the car to finish drinking and took all the beer out of it (we were underage)...well the cops showed up and we ran in the woods (I was on crutches too and got away, haha...slow cops).  Anyway, I went through the woods, came out on the other side and crutched home.  Then when I went back to my car(it was a long walk with crutches), I saw that I had left the windows open and my car was searched.  I had taken this piece of paper off a parking meter in NYC that said that the parking meters were off on sundays, so no parking and it said NYC PD, but everyone was parking and the papers were put on the parking meters by local residents so we took them off and parked there(that sentance was long rambling and makes no sense).  The park (we were drinking at) was in CT.  Anyway, the cops stuck that paper in my front windshield...that is how I know they searched my car.  Also, I fell in the woods and i heard them announce over the loudspeaker they were going to tow my car back to my parents house...luckily they were lying and they left. 

Anyway, FUCK THE POLICE!


--------------------
Life is good! (and it is also a journey)

Free Rudd!

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Re: possible illigeal search and seizure [Re: weephar]
    #10309985 -

you obviously didnt read the thread :smirk:


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California Has Legalized Child Prostitution

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Re: possible illigeal search and seizure [Re: Prisoner#1]
    #10310158 -

Yes I did.

If you are referring to the fact that I asked if he was in any trouble himself...it was a rhetorical question.


--------------------
Life is good! (and it is also a journey)

Free Rudd!

Edited by weephar (05/08/09 08:50 PM)

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Re: possible illigeal search and seizure [Re: weephar]
    #10310427 -

the scales had weed flakes on them they were compact digital scales. My friend was placed in handcuffs and led up stairs into the house by the detectives. they led him back outside put him in a squad car came back in the house looked in his room found his bongs and bowls he had a box of bags and 9 grams in a drawer and 600 dollars in another room.


i think the cops lead him in his house therby pretty much making him give up his rights. he said he never got read his rights or read a paper with his rights on it. he said the only thing he signed was the finger print form. the indictment was from two charges from september of last year he was trying to get his act back together and this shit happened.

im not going to get a lawyer for them entering the car he paid for the car the titles in my name and it hasnt been swithed. the cop when he called me to unlock didnt ask to search it or even open it. he just asked if it was alright for my friend to have. if they did illegaly search my car it might help my friends case they might lower the charges if they did so who knows.

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10310446 -

federaldb59 said:
the scales had weed flakes on them they were compact digital scales. My friend was placed in handcuffs and led up stairs into the house by the detectives. they led him back outside put him in a squad car came back in the house looked in his room found his bongs and bowls he had a box of bags and 9 grams in a drawer and 600 dollars in another room.


i think the cops lead him in his house therby pretty much making him give up his rights. he said he never got read his rights or read a paper with his rights on it. he said the only thing he signed was the finger print form. the indictment was from two charges from september of last year he was trying to get his act back together and this shit happened.

im not going to get a lawyer for them entering the car he paid for the car the titles in my name and it hasnt been swithed. the cop when he called me to unlock didnt ask to search it or even open it. he just asked if it was alright for my friend to have. if they did illegaly search my car it might help my friends case they might lower the charges if they did so who knows.


Yea, that makes sense.  I was saying that maybe since you gave them permission to unlock it, then maybe that could be construed into some kind of permission to search (the courts fuck people over a lot...especially in drug cases).  That really sucks for your friend.  I hope they go easy on him and he gets things in his life in order.  A lot of times, they will go easier on a person who appears to be doing good things in his life and turning their lives around, though not always.  Good luck.


--------------------
Life is good! (and it is also a journey)

Free Rudd!

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Re: possible illigeal search and seizure [Re: weephar]
    #10310478 -

they want to drop the paraphanillia they found like 18 weed related things and they dropped the possesiion theyre just lumping it all together for the trafficing charges. hes never had a record and the detective said he was gonna try and get the judge to go easy on him. i think the did that cause they know he dont know his rights ya know. btw the car key was in his pocket they took it out and opened the car. the same cop that called me and slimjimed up is the one that searched it

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Re: possible illigeal search and seizure [Re: federaldb59]
    #10310514 -

federaldb59 said:
they want to drop the paraphanillia they found like 18 weed related things and they dropped the possesiion theyre just lumping it all together for the trafficing charges. hes never had a record and the detective said he was gonna try and get the judge to go easy on him. i think the did that cause they know he dont know his rights ya know. btw the car key was in his pocket they took it out and opened the car. the same cop that called me and slimjimed up is the one that searched it


That is good.  Not reading the rights though might get him off if I am not mistaken.


--------------------
Life is good! (and it is also a journey)

Free Rudd!

Edited by weephar (05/08/09 10:21 PM)

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