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got aressted, warrantless search


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#1 Furthur1

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Posted 26 September 2016 - 06:16 AM

While hanging out at a friends house the police came inside without so much as a knock on the door. They had no warrant upon entry and they frisked me without any reason to do so. They even spoke with the landlord before frisking me so they knew people were allowed inside the dwelling.

Anyhow, they got me with some weed and charged me with disorderly and you know what, i dont like it one bit.

I think the frisk was unconstitutional and i plan on fighting this even if i have to take it all the way to jury trial. How could my peers agree the search was legal?

Does anyone have any thoughts on this? Im pissed off to say the least.

#2 Myc

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Posted 26 September 2016 - 08:29 AM

So long as you didn't talk to them (the police) - you will be better off. 

 

https://mycotopia.ne...o-policemerged/

https://mycotopia.ne...to-police-ever/


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#3 Heirloom

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Posted 26 September 2016 - 09:07 AM

Sounds like an illegal search, talk to an attorney.

 sending good vibes your way


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#4 Juthro

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Posted 26 September 2016 - 10:50 AM

Sounds illegal to me too.

Ditto to the advice above. Talk to an attorney, and not the cops.

#5 fungi2bwith

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Posted 26 September 2016 - 12:52 PM

well, I think the way the law works, if you were at a known drug house, or there was any sort of reasonable cause, which I'm sure they will make up, then they can do pretty much whatever they want......

 

I would consult with an attorney if I were you....


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#6 Alder Logs

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Posted 26 September 2016 - 01:33 PM

 

...a known drug house...

Ya gotta go to the speakeasies that pay off the cops, or the same ones where the mayor and the judge or their kids go.


Edited by Alder Logs, 26 September 2016 - 01:33 PM.

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#7 coorsmikey

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Posted 26 September 2016 - 01:35 PM

I don't think an Illegal search that finds weed that you don't get charged with will get you off of a weed charge that you didn't get. One doesn't need to get searched or have possession of anything to get a "Disorderly Conduct". I would be pissed too! Which leads me to wonder what actions took place when you got pissed? Did any of those actions maybe lead up to " disorderly"? There are certain actions that will make things worse with law enforcement and others that make the consequences less severe. Sometimes just playing along and being "cool" will get less of a reaction and you walk away or even drive. Other times acting disorderly to law enforcement can get some control freak to write you a ticket. I am glad you didn't get shot! Regardless, tell us more of the story and maybe some could chime in and offer some advice. If not, just vent,we're here either way. We have some peeps that really know their legal stuff, if your are truly needing some advice, but you will have to share the detail for them to help. You opinion in general toward LEO is pretty like minded though with the people around here.
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#8 Juthro

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Posted 26 September 2016 - 01:53 PM

Mikey makes a good point, there is more to this then what we have heard so far. There was something that happened that got you the disorderly charge, even if it is just a bullshit charge that the DA will drop.

I would be interested to hear more, if you want to share. But if its too personal, or gives away more info then your comfortable with, that's cool too. No worries.

No matter, I'm still sorry it happened to you.
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#9 Discretion

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Posted 26 September 2016 - 01:55 PM

hey friend,

 

It sounds you have some legal precedent for fighting the weed charge if they truly searched without warrant or probable cause. nothing seized during an illegal search can be admitted as evidence. That said, if this stuff isn't going on your record as a felony or somesuch... it might be easier to pay fines/swallow your pride. In many cases it is more in your best interest to avoid wrapping yourself up in legal complications, just move on if that's a possibility.

 

best wishes :)


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#10 Furthur1

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Posted 27 September 2016 - 09:56 AM

The reason the cops entered the domain was a call from the neighbors saying people broke into the apartment which was untrue. My friends cousin is renting the slum to him and we had every right to be there. The cops came inside and asked our names, called the landlord then began the search after they knew we were within our rights to be there. I didn't act disorderly, it's the way this county charges people with marijuana charges. Anyhow, I will try to get it thrown out at the magstraite and if that didn't happen. I will eat the fine. I haven't been in trouble for years and this is pure bullshit. Dirty cops everywhere nowadays.
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#11 Coopdog

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Posted 27 September 2016 - 01:02 PM

Man I feel you there. I went home after being gone 12 years and my brother was drinking with me drink for drink. I practice, he doesn't. He got too shitfaced and started acting a fool. I tried to leave, we ended up getting into a little tussel, no punches thrown and no harm done. His wife was on the phone with my Dad, and my Dad having not seen me in damn near 30 years more than a few times, called the sheriff. thinking I was going to go all ballistic like I used to do as a teenager. Cops come, all is well by this time and we are laughing about it, no harm done.

 

They cuffed me and took me to jail for drunk and disorderly! I was 49 years old and never been arrested in my entire fucking life and they fucked up my record when I did not hit or hurt anyone! My brother was the drunken idiot that was getting stupid, not me! They also took every dime of my cash out of my wallet and recorded "NO CASH" on the arrest form! Man I was fucking mad then! Damn near got thrown back into the cell.  Standing in the Sheriff offics parking lot in late fall with no shirt on and no cash for a cab home. Needless to say I won't be going back "home" again. My home is here in WA now. Fuck Ohio and their prick ass crooked cops. I didn't leave anything back there that I need and not going back there ever again.


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#12 Sidestreet

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Posted 27 September 2016 - 06:24 PM

The police need very little to be able to pat down on the outside of your clothes for weapons.  If they feel anything that is even remotely like a weapon (effectively pretty much any object whatsoever), they can find out what's in your pocket.

 

I wonder how they got permission to come inside.  Did they knock?  Did anyone else open the door?  Did they look through a window first and see something illegal?  There are lots of ways for police to justify entering a dwelling but they have to have something.

 

I highly recommend consulting an attorney if you can afford one.  Disorderly conduct is a minor offense (it's a misdemeanor, right?) so you may not be entitled to a court-appointed attorney.  Minor or not, you don't want it on your record if you can help it.

 

Finally, like others said above, don't talk about the facts of the arrest to anybody connected with the police or the court.  Even your friends can accidentally (or purposefully under duress) tell the authorities things that can hurt your position, so until this is resolved don't tell them something if you think it's better kept to yourself.  If you get an attorney, tell her everything and be honest.


Edited by Sidestreet, 27 September 2016 - 06:31 PM.

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#13 Pan1

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Posted 27 September 2016 - 07:53 PM

I'm no law expert and im not from the states. Police have a right to investigate if they get a call and that includes entering a premises. a break and enter call should be able to be handled from the outside the front door, but its super easy for them to say they knocked, no one answered and they went in to investigate, if the door was unlocked and im guessing it was. On the other hand if they made contact at the front door figured out you guys where legit, and then came in without permission that is illegal.

moral of the story always keep doors locked.

I hope this works out for you! and i would be super pissed at the cops to.

Edited by Pan1, 27 September 2016 - 08:02 PM.


#14 Alder Logs

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Posted 27 September 2016 - 08:14 PM

 

...but they have to have something.

 

 

Would a lie be something?


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#15 Juthro

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Posted 27 September 2016 - 10:18 PM

...but they have to have something.

 
 
Would a lie be something?


Hell yea it is. Been there, and had to stand in front of the judge because of it.
A life lesson I will never forget.

#16 Alder Logs

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Posted 27 September 2016 - 11:19 PM

I remember back when I was a teen and standing in front of a judge, my word against the cop's.   The judge listened to us both and then believed the cop.  I guess that told me all I needed to know about the justice system in general.  


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#17 Coopdog

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Posted 28 September 2016 - 01:32 AM

On the contrary of that, I have had a judge believe me over the cop back in the day. If it was not for that judge I would have had a record as a juvenile at 17 yrs old for malicious mischief. The judge asked the cop a couple of questions and the cop straight up LIE to try to make his case and the judge was all over that. Made my day! Score one for the juvenile delinquents! :)


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#18 Sidestreet

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Posted 28 September 2016 - 05:47 AM

I remember back when I was a teen and standing in front of a judge, my word against the cop's.   The judge listened to us both and then believed the cop.  I guess that told me all I needed to know about the justice system in general.  

 

That's why making a recording is so important, if you can do it.

 

 

Would a lie be something?

 

Absolutely.  I don't deny that it happens all the time.  That's why lawyers work so hard to show that informants are untrustworthy.  A tip leading to a warrant has to have a certain level of credibility for the warrant to be unassailable.  If LE and the judges are doing their jobs, they corroborate or otherwise follow up on tips before swearing to warrants or signing them.

 

Of course, underlying any rule is the reality that the government will bend and break rules.  Though police are trained to deceive in the course of their investigations, judges tend to believe the police over the endless stream of defendants.  To be fair, it's partly because many defendants lie.  People lie to judges and police all day long.  Of course, it's a felony when a member of the public lies and perfectly legal for the police to do it (unless they're under oath).

 

All of this lends weight to the necessity of being well-versed in your rights and practiced in asserting them.  It also lends weight to the importance of having an attorney, retained or appointed.



#19 Furthur1

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Posted 28 September 2016 - 07:55 AM

The cops got a tip that someone broke into the apartment and that is the excuse they are using to justify the illegal entry.

I cant afford an attorney and plan on fighting the case the best i can on my own. I fear i will find out just how corrupt the local justice system really is. Hopefully its thrown out but i doubt it.

Needless to say, i am now parinoid of the law and will stay on my toes from here on out and view the cops as the corrupt people they really are.

#20 Discretion

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Posted 28 September 2016 - 11:24 AM

Well man you ought to be able to get a court appointed attorney for free, it might be in your best interest, although often the court appointed attorney isn't the best, you could luck out and get a good one.

 

Many if not most cops are pigs, but many are truly good people--working to support families, compassionately protecting members of their community. .

 

I've been in some bad legal trouble and I let it turn me into a hateful person for too long, don't let the experience corrupt a positive view of your fellow human beings.

 

best of luck brother


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