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raceerad
Stranger
Registered: 06/18/08
Posts: 3
Last seen: 15 years, 8 months
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Friend facing charges
#8538120 - 06/18/08 06:29 PM (15 years, 8 months ago) |
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A good friend of mine recently got charged with manufacturing/delivering a cs pg 2 greater than 400 grams. Police took two large plastic containers out of his closet and sent them to the lab to be tested and it recently came back positive for psilocybin, and they included all the cake mass in the total weight (no mushrooms were growing yet). I have a couple questions about this. First of all, the reason the police were called was because his landlord entered his room and saw the containers in the closet. My friend agreed to talk before the warrant arrived, but isn't it illegal for a landlord to enter someone's room without proper notice? Could this help him at all since the tip the police got was given under these circumstances? Second...the lab had the containers for three months. If it took them that long to test for psilocybin, how do they know it was in the cakes when they recieved it and didn't grow while in their possession? He's hoping to find a few loopholes...
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Chemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 2 months
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Re: Friend facing charges [Re: raceerad]
#8538167 - 06/18/08 06:51 PM (15 years, 8 months ago) |
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The cops had a statement from a witness and obtained a warrant, even a statement from a burglar of illegal activities happening at a residence burglarized by said burglar, is acceptable for police to use to obtain a warrant.
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
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Tri High
Whigro


Registered: 05/02/08
Posts: 11,769
Loc: Monaghan, Ireland
Last seen: 11 years, 11 months
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Re: Friend facing charges [Re: Chemy]
#8539885 - 06/19/08 07:07 AM (15 years, 8 months ago) |
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fuck, that sucks. I guess mine'll test positive too. How long did it take to test, three months you said?
-------------------- you just need money to get laid - starfire_xes
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend facing charges [Re: Tri High]
#8539950 - 06/19/08 07:39 AM (15 years, 8 months ago) |
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chemy nailed it.
Search was probably illegal as hell, but inevitable discovery will doom it most likely.
Still something to argue, but don't get up them hopes.
Your friend is a fool. DON"T TALK
That's about as simple as it gets.
If your friend hadn't have spoken that would be one less thing they would have in tehir argument for inevitable discovery.
At the hearing the attorney for the friend will say: "they didn't have enough evidence to get a warrant your honor, so the fruits of the illegal search must be surpresed. The landlord didn't know what they were, and no way to tell they were drugs, no way to give a statement allowing the police to get probable cause, as there was nothing distinguishing them from legal mushrooms"
Then the prosecutor will say:
"Guess what fuckers? The kid admited everything to the cops, so we had plenty of evidence, and admission actually, to possesing and manufacturing controlled substances, and we could have gotten a warrant therefore.
You're right, the landlord didn't know what they were, and we never would have gotten the warrant, and if we did, it would have been ruled illegal cuz we had no probable cause. But cuz the kid was a fool and decided to admit the entire crime, it really doesn't matter"
Then your attorney will say:
"Shit, why'd me client talk? He might have walked..."
Pray for rain buddy. The most you can hope for is the illegal search will allow your friend's lawyer to get some deal, or you can try to get the statements supresed as miranda violations if the police arrested him beforehand or effectivly arrested him, but doens't look good.
DON"T TALK TO THE POLICE!!!!!!
It doesn't help. It fucks you up
It doesn't fucking mattter that they saw everything, Don't talk!
Now the police coudl throw the evidence in a trash can, go grab some donuts, and they'd still get a confession as your friend likely admitted every element of the offense allready.
I'm not trying to be mean. This situation sucks, and I understand the pressure the police put on people. But learn from your friend. He might have gotten off if he hadn't talked, and now he definatly won't if he said anything like I think he did.
Peace and love, and don't talk to pigs.
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wilshire
free radical


Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 14 years, 29 days
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Re: Friend facing charges [Re: raceerad]
#8541857 - 06/19/08 06:55 PM (15 years, 8 months ago) |
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isn't it illegal for a landlord to enter someone's room without proper notice?
depends on local laws and the terms of the lease. irrelevant in any case.
Could this help him at all since the tip the police got was given under these circumstances?
no. it doesn't matter how they got the tip as long as it was credible. what could have helped him was a $90 steel cabinet/trunk.
Edited by wilshire (06/19/08 07:27 PM)
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dwpineal
Psychedelic Artist



Registered: 07/20/06
Posts: 4,667
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Re: Friend facing charges [Re: wilshire]
#8544361 - 06/20/08 01:01 PM (15 years, 8 months ago) |
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In many cases the landlord cannot consent to the search of a tenant's property.
Since they did not have a warrant prior to him talking. I'm wondering what the chain of events were that led to the police actually entering the home.
Did they enter and see the alleged illegal items before or after the warrant?
I hope I'm right. Pro's?
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Chemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 2 months
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Re: Friend facing charges [Re: dwpineal]
#8544385 - 06/20/08 01:08 PM (15 years, 8 months ago) |
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Quote:
dwpineal said: In many cases the landlord cannot consent to the search of a tenant's property.
The landlord did not consent to a search, landlords can not consent to a search of leased property unless they have police perform an eviction service by court order.
The landlord witnessed an illegal act and reported it, whether or not the landlord had consent to enter the premises is of no concern to police or the Judge that issued the search warrant.
I guess you missed the 3 posts above explaining this.
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 16 days, 8 hours
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Re: Friend facing charges [Re: Chemy]
#8544879 - 06/20/08 03:14 PM (15 years, 8 months ago) |
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> The landlord witnessed an illegal act and reported it
And in an odd way, I feel for the landlord on this... if the landlord dind't report it, and the tenant got busted later, there is a chance the landlord could lose their property! Talk about being between a rock and a hard place. Report my tenant and I am an ass, don't report the tenant and I risk losing my house. Yet another example of the war on drugs f@#$ing over decent people...
-------------------- Just another spore in the wind.
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raceerad
Stranger
Registered: 06/18/08
Posts: 3
Last seen: 15 years, 8 months
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Re: Friend facing charges [Re: Seuss]
#8549035 - 06/21/08 10:27 PM (15 years, 8 months ago) |
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So apparently he never admitted to it. He let them in his room before the warrant arrived but never admitted he knew what they were, just asked for answers to a bunch of hypethetical situations. However from what I'm reading on this it apparently doesn't make much of a difference. One more question though..were they supposed to take pictures to document the scene before they took it?
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend facing charges [Re: raceerad]
#8549121 - 06/21/08 11:07 PM (15 years, 8 months ago) |
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Quote:
raceerad said: So apparently he never admitted to it. He let them in his room before the warrant arrived but never admitted he knew what they were, just asked for answers to a bunch of hypethetical situations. However from what I'm reading on this it apparently doesn't make much of a difference. One more question though..were they supposed to take pictures to document the scene before they took it?
Probably, but so what? There's a big difference in the law and what is relevant for trial purposes.
Just like the "they have to tell you they're a cop" even if that was true, so what? Doesn't mean anything. The cop might have been speeding to get to your house, what are you going to do about it? Totally irrelevant.
However, the fact that your friend consented to the search means he's even more fucked.
People, people, DO NOT MESS WITH THE POLICE
DO NOT CONSENT
DO NOT TALK
WHAT IS SO HARD TO UNDERSTAND ABOUT THIS?
If he really didn't talk, which I don't believe- sorry, then he might have gotten out of it if he hadn't consented.
Otherwise the warrant would be on a total evidence of: Some landlord saw mushrooms growing, didn't know what they were, called police. Not really good evidence.
All other information was from illegal searches (cop in the room) or the warrant bassed on the possibly-insufficient testimony of the landlord.
This guy screwed himself, he might have gotten the search thrown out as based upon an illegal search (cop in room) and insufficiency (landlord's testimony and the defendant not talking- if telling the truth).
Now that he allowed the search, he's fucked.
Let me ask this: Did they actually get a warrant, or did they lie? If they got the warrant, when was it signed and what was in the application?
It will be tragically revealing if you get that warrant and its dated a few hours/days after the guy consented. This will mean they either couldn't get a warrant on their shit evidence prior to the consent, or they never fucking tried and just lied to fuck youre friend.
This guy could have gotten off scott free, maybe, by not talking and not consenting. Now he definatly won't unless the "warrant is on the way" can be used to show the consent involuntary.
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raceerad
Stranger
Registered: 06/18/08
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Re: Friend facing charges [Re: Seuss]
#8550598 - 06/22/08 12:56 PM (15 years, 8 months ago) |
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So apparently he never admitted to it. He let them in his room before the warrant arrived but never admitted he knew what they were, just asked for answers to a bunch of hypethetical situations. However from what I'm reading on this it apparently doesn't make much of a difference. One more question though..were they supposed to take pictures to document the scene before they took it?
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Chemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 2 months
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Re: Friend facing charges [Re: raceerad]
#8550652 - 06/22/08 01:15 PM (15 years, 8 months ago) |
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Quote:
raceerad said: So apparently he never admitted to it. He let them in his room before the warrant arrived but never admitted he knew what they were, just asked for answers to a bunch of hypethetical situations. However from what I'm reading on this it apparently doesn't make much of a difference. One more question though..were they supposed to take pictures to document the scene before they took it?
Usually they do take photos, but if they don't does the evidence and police statements still meet the criteria in your state attorneys office? I have no idea, only a local lawyer to you would have an idea.
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
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