illegal search and seizure

[smokeymacpot420]

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 . to clarify he didnt go to a school to sell weed he lived down the road from a church with a daycare or preschool

 

[BurmeseDragon]

It would just be lame for them to charge him with what they found, they can search when they are there with an arrest warrant. Sound like he got stupid, nothing to complain about the cops; he had to know that they would be coming.

It doesn't matter what the charges are, you already know the worst........selling in a school zone. He doesn't sound to bright, find a new friend.

 

[smokeymacpot420]

we know whats done is done but what about them walking in his house with no search warrant, and after finding the key entering my car without anyone consent

 

[BurmeseDragon]

Well they can search the area when they arrest someone, but they didn't need to get into your car to secure known evidence or secure their persons. Them being in the house, well he should of not had things in the open..........that is not the best place to be when debating the legality in court. Surely what they found doesn't sound like much, other than more evidence against him selling so they will keep that in some form. What did they find on you?

 

[smokeymacpot420]

i had nothing on me the trafficing charges are informant buys from like 8 months ago. he was tryin to clean his shit up had just quit dealing small stuff. he realy only ever dealed small stuff sold 8'ths and 10's .

where i live under 20 grams is a gift under the decriminalized law. i just figure them illegaly entering my car may help his charges get reduced plus make the dtf look like shit. the recently got some of their funding cut because they spend all this money on investigating people to get like a half ounce or a couple buds.

 

[Molson]

IIRC, as soon as the search warrant is signed they can execute it.

 

[KMK0420]

they had a warrant.

if this was 2 cops passing by, asking questions at the door walked in and did this - then yes, illegal search and seizure.

a wanted individual is grounds enough to enter the premesis, and upon seeing scales/paraphernalia, thats warrant also to continue the search

 

[JJScorpio]

The searching of the car and house are incidental of the other charges. Also, what did they really find other than nine grams?

Your friends concern is with the warrant for the sales. Especially the one near the school zone. In some States there's a mandatory minimum of 3 years in prison for that charge alone.

The cop doesn't have to have the warrant present to search. The second a Judge signs it he can be called and notified. As long as he knows it's been signed he's good to go....

 

[smokeymacpot420]

i figured the arrest warrant gave them authority to search his house. but they took my cra key out of his pocket and unlocked my car and searched it. an hour or two earlier the cops were calling me to make sure it was alright for my friend to use the car since its in my name. when they came back with the bust the illegaly entered my car. they didnt find nothing but it may help my friends case. besides the local dtf is getting their funding cut because they keep saying their gonna bust guys with pounds and they get a couple grams. again they got a couple grams and now they illegaly enter my vehicle. im ganna say something to my friends lawyer thats what i pretty much wanna know now could they get in trouble for going in my car? i know if you have a roomamte they need the roommates permission to search his room, wouldnt that be extended to my parked vehicle on the road.

 

[smokeymacpot420]

besides the 9 grams they found 18 things of paraphinillia they said they were gonna lump all the charges together into one trafficing in a school zone. a felony 4 so he may look at 6 months to a year and this is a guy that does not deserve to go to jail. so maybey if they illegaly searched my car and dont want me to make a big deal out of it they may only give him probation or a lighter sentence ya know.

 

[smokeymacpot420]

one thing else the cop knew it was my car and they were trying to get it towed until they realized they couldnt because it was mine. so obviously they forgot it was mine when they searched it. i have 2 local lawyers numbers from norml and im gonna call them on monday and see what they think about the car.

 

[79towncar]

If the mother didn't protest then the cops can look at that as consent.. It's the same thing when an officer asks you to step out of the car and in doing so you leave your door opoen and walk away.. Then the officer searches the car without asking for consent. The point being this.. If you did not want to give consent why did you let them into your car and leave your door open?? In court this will be tough to fight.. Since the man was already under arrest and the police entered the home to arrest him they now can search this house upon seeing anything in plain view. (probable cause) Also since they had an indictment for drugs this then means the arresting officers had reason to suspect that there would be drugs at the residence. Hence probable cause.. I hope I have helped. If you have any other questions please feel free to ask..

 

[solarz]

If the police have a warrant to search for say some bags of weed...they have the authority to look in ANYTHING that that bag of weed can fit into, and yes, that includes the car, drawers, EVERYTHING. If you want to know what's good, PM me and i can give you some stuff to help you out. But to be honest with you, there seems to something missing from this story. I say that because if they were going to bust him for trafficking, they wouldn't have came to his house to arrest him, they would get him WHILE HE WAS TRAFFICKING. Is there anything missing from the facts of this story?

 

[solarz]

Not to be an ass...but there is a lot of wrong information being given here. Please don't give this guy info that you cannot back up with reference...and i don't mean some stuff that happened to you...i mean some FRE of FRCP references!

 

[smokeymacpot420]

they had no warrant to search only to arrest. it wasnt like an actul drug bust that ive ever saw. normaly they come with like 8-10 dtf and 4 cop cars but it was only 2 dtf and 1 cop.



Alright to clarify some things. my friend walked outside of his house when the cops knocked on the door with the arrest warrant, and he closed the door and the screen door behind him so his dog would get out. they placed him under arrest and led him up stairs. he said bye to his mother and was lead back down stairs and placed in a squad car. he was searched before being placed under arrest and thats when they took my car key out of his pocket.

the dtf then went upstairs to talk to his mother at which point the police officer unlocked and opened up my car to search it. while the dtf was inside talking to the mother they started looking around and found the scale. i talked to someone who knows law and they said a arrest warrant does not give consent to the search of a home if the arrested gives up and closes the house.

i think by them entering the house after the doors were shut with the victim detained breaches the 4th amendment right. If they violated his 4th amendment the scales and everything they found would be thrown out.

anyways even if they get away with entering the house and getting probable cause they still violated my 4th ammendment by taking the key and entering my locked car. how could they get probable cause on my vehicle based on exigent circumstances (which means if they bealive the suspect can escape or evidence can be destroyed they can get probable cause) since i had already let them open it before. why would i let them open the car before if there were drugs in it.

 

[SkareCrow]

cops lie, cheat, and steal

they will lie and there aint shit you can do about it. who are they gonna belive you or the cop...

 

[Eminem]

So what?!?!?!?

SO they might have seached your car illegally. Maybe not. Maybe they had enough reason to believe it was your buddys car.

DOESNT MATTER because one wrong action is not going to negate the arrest. Maybe if they found something in the car, then it would get thrown out. But searching the car illegally is not going to throw out the stuff they found in the house.

Theres no penalty for cops who violate search and seizure laws. The stuff gets thrown out of court, thats all. So cops will do whatever they want, with no recourse. if it sticks, it sticks, if not, oh well.

How did the cops get in the house if your boy locked the door? Did mom open the door for them to come back in? FUCK THAT. lock that shit and make them kick the door in.


As far as the stuff in the house, I think you are SOL. Those cops are going to write their reports to make it seem like they asked to go back in the house and mom said OK.


Oh and you better get a lawyer. Fuck all of us internet lawyers....

 

[smokeymacpot420]

well if you would read. the cops were already there an hour before to unlock it. they knew it was my car. the same cop who unlocked it earlier searched it. i didnt say he locked the door he closed the door and the screen door and they are the ones who opened it. besides im sure the conversation between the cop and my firned with the cop saying they had no search warrant is on the dashcam. we know he aint gonna walk. i know a guy that had 63 pounds though the cops violated his 4th and all he got was 2 years probation for 63 pounds.

besides i already said that the local dtf is getting their funding cut cause they arent getting any real bust they keep getting a couple grams. dont you think a couple weeks after its in the paper that thyre funds are getting cut they are gonna want the city to see that they mabey violated a major part of the constitution on somebody who wasnt present or involved.

 

[JJScorpio]

If there would have been something in your car then you could get that evidence thrown out due to an illegal search.

Your friends arrest was based on sales he made, obviously to an undercover officer. That has nothing to do with the car or anything else. They are seperate incidents.

The only evidence you can have thrown out is that evidence that was gathered illegally. Searching your car or the house has nothing to do with the sales he made....

 

[smokeymacpot420]

FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and EFFECTS, against unreasonable SEARCHES and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

i wasnt present they opened the car themselves without permission ASSUMEING it was his. That is a clear violation of my constituional rights im trying to fight this to help everyone. they violated my rights and im gonna try and get them on it.

even if they mother said it was ok to search, the guy is an adult. its called consentual entries they have to look at it in the way as hes a roomate. one roomate cannot consent to a search of another roomates room.