View Full Version : Can this be legal
blucky
Jan 24, 2008, 04:40 PM
I came home one day to the law searching my house , come to find out they gained entrance by getting my landlord to sign a paper giving them entrance, so they cut the lock. They found drug paraphenailia and 0.01 baggie of crystal meth .that was back in the first part of December . Today is the 23 of jan and I found out today that the law came to my house today to serve an arrest warrant on me for poss and poss parp I did not sign anything that day nor have I heard a word about it since dec when they left my house that day with no charges filed can they do this
twinkiedooter
Jan 24, 2008, 04:50 PM
Yes they can and yes they did. They obviously filed some kind of charges against you to be able to come back and want to take you to jail. And no, you don't have to sign anything. They'll handle all the details for you. You can thank GW Bush and his Patriot Act for this. There is no violation on your rights, civil or other. Long live the Tyrant.
excon
Jan 24, 2008, 04:54 PM
Hello blucky:
It sounds like an illegal search to me. If they actually arrest you, don't talk to them. Hire an attorney, or if you like, one will be appointed to represent you.
excon
peggyhill
Jan 24, 2008, 04:56 PM
I would talk to a lawyer. I think that is your best bet right now. If you can't afford one, call around and see if you can at least get a free consultation.
J_9
Jan 24, 2008, 04:56 PM
You can thank GW Bush and his Patriot Act for this.
This kind of activity has been going on long before GW. I had neighbors who experienced it back in '92.
Yes, if they had a suspicion to search your house all the police had to do was go to a judge/magistrate to get a search warrant. The search warrant is for the property that your landlord owns, so he was required to open the premises.
Since they did find paraphernalia AND drugs (meth has a zero tolerance policy in most areas), they took their findings back to a judge/magistrate and an arrest warrant was handed down.
Time to find a very good lawyer.
excon
Jan 24, 2008, 05:04 PM
Yes, if they had a suspicion to search your house all the police had to do was go to a judge/magistrate to get a search warrant. Hello again:
I agree with J_9 that this is exactly what they did.
However, in order for the search to have been legal, the threshold that they were required to reach is a little higher than simple suspicion. For sure, the cops suspect everybody. If that's all it takes we'd ALL be in jail.
No, they need to have "probable cause". Absent that, the search will be found to be illegal - as long as the guy doesn't cave. Of course, I have no idea what was said to the magistrate or the basis for the search. It certainly might BE legal. There's a lot more to the story.
excon
J_9
Jan 24, 2008, 05:06 PM
Got to spread the love Excon!!
Thanks for the terminology there, I'm a little brain dead at the moment. Probable cause was exactly what I tried to think of, but it never came to mind.
blucky
Jan 24, 2008, 05:19 PM
Hello again:
I agree with J_9 that this is exactly what they did.
However, in order for the search to have been legal, the threshold that they were required to reach is a little higher than simple suspicion. For sure, the cops suspect everybody. If that's all it takes we'd ALL be in jail.
No, they need to have "probable cause". Absent that, the search will be found to be illegal - as long as the guy doesn't cave. Of course, I have no idea what was said to the magistrate or the basis for the search. It certainly might BE legal. There's a lot more to the story.
excon
:eek: yes there is a lot more but there was -no-no-no- warrant the judge probably won't hear any of this until first appearance there was no probable cause
fde
Jan 24, 2008, 05:26 PM
Meth is so not tolerated. You should have been searched and you should be ashamed of yourself. You probable don't have the hole story straight because you are lacking in brain cells from the meth. Or are you the cool type that gives it to our kids so we can put them in the grave before there time. Your just as bad a pedophile robbing innocent if that is the case.
I buried a meth user last month she was 20 and she looked 70 when she died her mother could hardly stand up at the funeral i had to walk her mother to her body. Where she collapsed and screamed that was not her baby and believe me it was not the prep work on her she was gray and it was not because of postmortem stain. Her blood was congealed from the drug she turned gray.
Hope you live to see your next b-day.
Sorry so harsh but you should hear someone tell you you are an...
excon
Jan 24, 2008, 05:37 PM
Hello again, fde:
This is the law board. You opinion isn't of any value. Go find something useful to do.
excon
twinkiedooter
Jan 24, 2008, 05:51 PM
FDE - For once I totally agree with you. Having a job of preparing people for burial is bad enough but to have to prepare a body who was ravaged by a horrible drug is truly sad.
It's just a case of some people don't want to hear the truth...
Say, Excon, you want to help with the next meth victim's preparation for burial? I'm sure FDE could use some help up there in Canada.
Fr_Chuck
Jan 24, 2008, 05:53 PM
Ok, you said they cut the lock,? Was that a pad lock, or did they break down the front door?
Was the drugs in the house, or in some outstorage building.
With that, were you renting just the house, an did the landlord have legal access to there other buildings. But with that no the landlord can not give permission to enter the property. ** the only exception may be for college dorms where there is a different idea of privacy.
blucky
Jan 24, 2008, 05:59 PM
Actually There Is A lot Of Babies Out There That I Promis Either Wouldn't Have Made It Out Alive And Would Thank Me A Million Times Over If They Knew What I Did For Them And There Mothers And For Your Info I Set An Example For A lot Of Those Brain Dead Drug Dealers Like Me The Things I Didn't Lose Was My Moral Ethics And Family Values. Next Time You Respond To Something With Nothing Really To Say Worth Reading Don't You're the One That Looks Like An Asss In The Beginning And The End...
blucky
Jan 24, 2008, 06:06 PM
It Was A Padlock And No It Was In The Single Room Building Adjudicated There There House It Is The Only Building I Rent And The Only One Searched And It Was In The Room Behind The Locked Door And They Literally Cut The Lock
fde
Jan 24, 2008, 06:09 PM
That Is A Really Smart Statement That You Set An Example For Burnt Out Drug Dealers. You Did What For Them Got There Kids On Drugs Or Did You Help Them With Withdraw.
Get A Lawyer Than Get A Real Job To Pay For The Lawyer That Needs To Help You With Your Problem Being So Victimized By The Police K.
Chuck Seems To Think You Have A Case He Is Really Smart You Are Lucky To Have Him Address You. Maybe Your New Job Can Be Suit Against The Police!!
blucky
Jan 24, 2008, 06:31 PM
Assumeing That You Want To Practice Typeing That's Why Your Still Making An Of Yourself! There Is A Easy Way -click-on-the-two-tiny-computers-in-the-right-bottom-corner-then-click-on-the-word-
------------------disconnect-------------------
fde
Jan 24, 2008, 06:39 PM
I Know The Truth Can Hurt But You Know What It Can Set You Free Too!!
J_9
Jan 24, 2008, 06:46 PM
:eek: yes there is alot more
Then you need to fill us in. You can't expect us to guess what else was involved and give you a decent answer can you?
J_9
Jan 24, 2008, 06:48 PM
Everyone please turn off your caps.
excon
Jan 24, 2008, 06:51 PM
It's just a case of some people don't want to hear the truth............ Say, Excon, you wanna help with the next meth victim's preparation for burial? I'm sure FDE could use some help up there in Canada.Hello twink:
Nobody is saying meth is good. This is the LEGAL board, however, not the MORALS board. I don't care WHAT the cops are searching for. I only care that the search is legal - or not.
excon
blucky
Jan 24, 2008, 06:59 PM
In another town we were pulled over yanked out and held for 6 hours because we were seen leaveing a motel that was being investigated we let them do what they wanted and search .the only thing they found was a small bottle that they tested the (cant even tell there was anything in here) residue and they said it tested poss for meth ( it did ) but they said they were going to charge me with poss-meth (could they have) but they didn't . Then when I got home the investigator in my town ( different county ) was in my house
fde
Jan 24, 2008, 07:26 PM
Sounds Like There Could Be A Hole Lot To This Story. Have They Been Staking You Out? Was The Investigator Trying To Help You Where You Are In A Town Is It Small? Dose Everyone Know Everyone's Business!
He Had Know Right To Be In Your Home! Did You Call To Complain To His Superiors. Did Anyone Else See Him There. Did You Contact A Lawyer I Would Have That Is Violating And Brake And Enter.
If It Tested Poss-meth Then Yes They Could Have. But They Violated A lot More To You Then Was Worth That. Just Because You Were SeeN There! That Is Not Right. There Has To Be More To It Than That. If There Is Not Then They Had A Lot To Answer For.
How Old Are You Are You? Are You In Canada? Are You A Young Offender?
JudyKayTee
Jan 25, 2008, 11:28 AM
Sounds Like There Could Be A Hole Lot To This Story. Have They Been Staking You Out? Was The Investigator Trying To Help You Where You Are In A Town Is It Small? Dose Everyone Know Everyones Business!
He Had Know Right To Be In Your Home! Did You Call To Complain To His Superiors. Did Anyone Else See Him There. Did You Contact A Lawyer I Would Have That Is Violating And Brake And Enter.
If It Tested Poss-meth Then Yes They Could Have. But They Violated Alot More To You Then Was Worth That. Just Because You Were SeeN There! That Is Not Right. There Has To Be More To It Than That. If There Is Not Then They Had A Lot To Answer For.
How Old Are You Are You? Are You In Canada? Are You A Young Offender?
Nothing upsets me as much as when the Police BRAKE and enter!
JudyKayTee
Jan 25, 2008, 11:31 AM
Meth is so not tolerated. YOU SHOULD HAVE BEEN SEARCHED AND YOU SHOULD BE ASHAMED OF YOUR SELF. YOU PROBABLE DON'T HAVE THE HOLE STORY STRAIGHT BECAUSE YOU ARE LACKING IN BRAIN CELLS FROM THE METH. OR ARE YOU THE COOL TYPE THAT GIVES IT TO OUR KIDS SO WE CAN PUT THEM IN THE GRAVE BEFORE THERE TIME. YOUR JUST AS BAD A PEDOPHILE ROBBING INNOCENT IF THAT IS THE CASE.
i BURIED A METH USER LAST MONTH SHE WAS 20 AND SHE LOOKED 70 WHEN SHE DIED HER MOTHER COULD HARDLY STAND UP AT THE FUNERAL i HAD TO WALK HER MOTHER TO HER BODY. WHERE SHE COLLAPSED AND SCREAMED THAT WAS NOT HER BABY AND BELIEVE ME IT WAS NOT THE PREP WORK ON HER SHE WAS GRAY AND IT WAS NOT BECAUSE OF POSTMORTEM STAIN. HER BLOOD WAS CONGEALED FROM THE DRUG SHE TURNED GRAY.
HOPE YOU LIVE TO SEE YOUR NEXT B-DAY.
SORRY SO HARSH BUT YOU SHOULD HEAR SOMEONE TELL YOU YOU ARE AN ..........
Another true tale from the crypt!
JudyKayTee
Jan 27, 2008, 02:01 PM
Judy! I would nerver make fun of what you do ! I would not be so down right mean to you!
Just remember KARMA is a...... you will see it come back around
I'm not making fun of what you do; I'm making fun of you. There's a difference - and don't threaten me with karma or anything else.
Fr_Chuck
Jan 27, 2008, 02:01 PM
If you were stopped and had something that tested possitive for meth, coming out of a none drug area, this would have been enough to get a warrant to search your home, they coul have gotten that warrant in the other city where you were stopped.
JudyKayTee
Jan 27, 2008, 02:07 PM
I came home one day to the law searching my house , come to find out they gained entrance by getting my landlord to sign a paper giving them entrance, so they cut the lock. they found drug paraphenailia and 0.01 baggie of crystal meth .that was back in the first part of december . today is the 23 of jan and i found out today that the law came to my house today to serve an arrest warrant on me for poss and poss parp i did not sign anything that day nor have i heard a word about it since dec when they left my house that day with no charges filed can they do this
How (and to whom) do I report threatening, private emails?
s_cianci
Jan 27, 2008, 02:08 PM
Did they have a search warrant to search your home? If so then they are well within their rights. If not then anything they found during the search is inadmissable as evidence. You'll need a good criminal attorney.
Curlyben
Jan 27, 2008, 02:13 PM
How (and to whom) do I report threatening, private emails?
Me