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OsculateOfDemise



Registered: 06/24/05
Posts: 2,879
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Police came to my house last night, illegally entered and illegally searched, BF now in jail
#12915009 - 07/18/10 11:10 AM (13 years, 9 months ago) |
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So last night we were having a bar-b-que at my house,and with all BBQ's comes the beer. Everyone got pretty drunk, and my boyfriend and a roommate get into it in the backyard.
After about 20 minutes everything cools down and everyone is setting down for the night. I go to the bathroom and when I get out, there is a cop flashing his flashlight in my face.
They start asking my boyfriends name and such and want us to go in the living room The whole time we are asking "who let you in" "we dont consent to you coming in" And all they had to say was "We dont have to , there was a report of someone being dragged into the house and so we have the right to search if anyone is hurt or hiding in the rooms" Which is BULLSHIT because no one was being dragged into the house and no one was hurt. In fact, when they came in they didn't even ask what was going on or if anyone EVEN WAS HURT. They just started searching the rooms without asking us anything.
Well they took my boyfriend three weed plants, a couple ounces of mushrooms, and his scale. I am so scared for him and pissed because they had no right to even come into the house, let alone look in all of the rooms. They didnt even read him his Miranda rights and when we asked they said they didnt have to because he wasn't under questioning.
All of this just seems wrong on so many levels and they abused their power to the max. Any help on this would be great because I really don't know what to do.
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NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: OsculateOfDemise]
#12915218 - 07/18/10 12:20 PM (13 years, 9 months ago) |
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If they had a report of someone being dragged into the house then the search was legal. In what are called 'exigent circumstances' the police do not need a warrant - specifically if they believe there is a person in imminent danger, an escaping suspect or evidence faces imminent destruction. Even though the police were wrong about a person being in danger they appear to have acted 'in good faith'.
http://en.wikipedia.org/wiki/Exigent_circumstances
As to his Miranda warnings they are correct that if they don't intend to question the subject they aren't required to deliver the warnings. They already had all the evidence they needed so their was no reason to question him.
Edit: What you should do is get an attorney, or at the least get some free consultations, ask if them straight up what they think they can do for you.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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andrewss
precariously aggrandized


Registered: 08/17/07
Posts: 8,725
Loc: ohio
Last seen: 5 months, 16 hours
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: NizzyJones]
#12915246 - 07/18/10 12:27 PM (13 years, 9 months ago) |
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get a good attorney, this seems kinda like you might have a chance to fight it
-------------------- Jesus loves you.
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suburbanned
Stranger

Registered: 02/20/08
Posts: 2,810
Last seen: 13 years, 9 months
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: andrewss]
#12915295 - 07/18/10 12:44 PM (13 years, 9 months ago) |
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And that is why you don't leave doors unlocked with three plants and ounces of mushrooms in your house. ... And then get into a damn fight OUTSIDE, AT NIGHT. . Sucks for your boyfriend, but you're not gonna have much of a case to fight.
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 19 hours
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: OsculateOfDemise]
#12915449 - 07/18/10 01:27 PM (13 years, 9 months ago) |
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You (or more likely your lawyer) will need to get a copy of the police report and see what it says.
As others have mentioned, the facts in your case are not good.
If someone called to report a disturbance outside and the cops just bust in, you may be able to get off.
But if the report did include someone getting dragged inside, whether or not it really happened, then you won't get off.
It would be real interesting to hear the 911 call.
It would have been a good idea to keep the doors locked, though if they are telling the truth about the report they could have legally broken your door and searched anyway. May have stopped them though.
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suburbanned
Stranger

Registered: 02/20/08
Posts: 2,810
Last seen: 13 years, 9 months
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: Alan Rockefeller]
#12915587 - 07/18/10 02:02 PM (13 years, 9 months ago) |
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Police usually won't bust a door down for an anonymous tip of a possible domestic disturbance. They'll knock first and that is when all parties who were involved should be upfront as possible about what actually happened, especially if you have such things deeper in the house.
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OsculateOfDemise



Registered: 06/24/05
Posts: 2,879
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: suburbanned]
#12916749 - 07/18/10 07:03 PM (13 years, 9 months ago) |
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Well the plants were supposed to be gone the next day, fucking irony huh? And we do lock the door before we go to bed... You just don't normally expect police to come barging into a house like that. And NO WAS EVER PICKED UP or DRAGGED in any way whatsoever. It's like they made it up when we kept on pestering them on why they were coming in and going thorough our stuff. I'd like to talk to the so called witness to that report.
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OsculateOfDemise



Registered: 06/24/05
Posts: 2,879
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: OsculateOfDemise]
#12916780 - 07/18/10 07:07 PM (13 years, 9 months ago) |
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His bond is 40,000. They charged him with possession of hallucinogens, harvesting and and possession of marijuana. How long do you think he has? He goes to see a judge tomorrow, possibly getting another court date I don't know. Neither of us really know what is going on right now.
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Anonymous #1
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: OsculateOfDemise]
#12917128 - 07/18/10 08:32 PM (13 years, 9 months ago) |
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Lesson to others here: no parties where you grow.
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OsculateOfDemise



Registered: 06/24/05
Posts: 2,879
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: Anonymous #1]
#12917205 - 07/18/10 08:52 PM (13 years, 9 months ago) |
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IT WASN'T A PARTY!!! It was a backyard bbq with just the roommates. The guys just drank a little too much, They fought over a broken beer glass.
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: NizzyJones]
#12930945 - 07/21/10 03:41 PM (13 years, 9 months ago) |
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Quote:
NizzyJones said: If they had a report of someone being dragged into the house then the search was legal. In what are called 'exigent circumstances' the police do not need a warrant
of course a subpoena of the 911 tapes will reveal the truth
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t00th
something terrible

Registered: 12/03/07
Posts: 3,946
Loc: the dirty dirty
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Re: Police came to my house last night, illegally entered and illegally searched, BF now in jail [Re: Prisoner#1]
#12935459 - 07/22/10 01:12 PM (13 years, 9 months ago) |
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if he gets the charges, if its a first offense he might get felony probation, or a 12 month treatment center.
if its not his first offense, or hes on probation hes lookin at some time. few years id say.
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