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    Celestial1's Avatar
    Celestial1 Posts: 4, Reputation: 1
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    #1

    Apr 2, 2009, 03:18 AM
    Can a simple type-o get a case thrown out on a technicality
    Okay long story but here goes... my hubby was arrested for distribution and intent to distribute marijauna. We live in New Orleans,the King of corruption especially NOPD. Anyway we met with his Public Defender yesterday and finally viewed the police report. The entire report was so far from the truth I felt nauseated. I was there when he was arrested and not one part of their "story" rings true. Anyway I noticed lots of minor things in their report such as his name being misspelled 3 different times and three different ways,the report written the night he was arrested says they field tested the green leafy substance on Jan.10 but the test report is dated Feb.5th, the form they made me sign or I would go to jail and my kids would be taken to a foster home was a consent to search(after they already illegally obtained the greenery from under my couch with NO warrant) has the wrong street name on it and finally the other female that was in the house(friend of mine) is mentioned nowhere in the report however she had to sign the consent to search form to stay out of jail too. Would any of those things be grounds for a dismissal?? It was 2 ounces of weed not 20 lbs or anything. Please help the PD doesn't seem tohave a clue.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 2, 2009, 05:06 AM

    Hello C:

    The misspellings aren't going to help you... But, an illegal search might... Of course, I don't know if it WAS illegal. Your PD should know.

    If the PD is no help, fire him and get another lawyer.

    excon

    PS> Let me add that if there was a crime here, it's the police who are perpetrating it. Being arrested for 2 zips of pot IS a CRIME.
    Celestial1's Avatar
    Celestial1 Posts: 4, Reputation: 1
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    #3

    Apr 2, 2009, 06:18 AM
    Thanks excon,yes according to everything I have researched the search was illegal as well as the seizure. Louisiana law states it has to be in plain sight and within the officers reach if they don't have a warrant. It was under the couch so that answers that.. lol I'm curious to see how they can keep their story straight because it's hard to remember a lie but me and the other witness have no problem telling our true version. He has court in an hour I'll keep you posted!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 2, 2009, 06:30 AM
    Quote Originally Posted by Celestial1 View Post
    Louisiana law states it has to be in plain sight and within the officers reach if they don't have a warrant. It was under the couch so that answers that..lol
    Hello again, C:

    It answers it IF the cops tell the truth... But they won't! Just you watch.

    excon
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