Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Illegal search? (https://www.askmehelpdesk.com/showthread.php?t=745560)

  • Apr 26, 2013, 12:00 PM
    Lonelystar1
    NOw that my brother is in jail, I am getting stopped a lot and getting searched now too. I hate cops
  • Apr 26, 2013, 12:39 PM
    joypulv
    Make sure you are squeaky clean and that any vehicle you are in is too.
    Then walk in to the police station mid-day mid-week and politely ask to talk to the Chief. Give your name and explain also politely that you have committed no crimes but are being stopped and searched because of your brother and name each incident and when. Ask that it stop. Get up to leave. If you get a non-committal response, leave. Keep it SHORT or it will backfire. (I'll bet excon will say this is a bad idea.)

    There are many kinds of warrants. Arrest, bench, search, and felony are the main ones.

    Some, like search warrants, are constantly changing and there are different kinds.

    -A Ramey warrant authorizes a search for a specific person within specified premises. All other search warrants are to find property, including evidence. If the cops have a Ramey warrant and find guns and drugs... they have to be in plain sight. (They aren't supposed to lie.)
    -A Steagald warrant is a warrant to search for a suspect in a third party's home.
    -A Mincey warrant is for a homicide scene inside the victim's home, in case the suspect has privacy rights there.
  • Apr 26, 2013, 02:16 PM
    tickle
    Quote:

    Originally Posted by joypulv View Post
    Make sure you are squeaky clean and that any vehicle you are in is too.
    Then walk in to the police station mid-day mid-week and politely ask to talk to the Chief. Give your name and explain also politely that you have committed no crimes but are being stopped and searched because of your brother and name each incident and when. Ask that it stop. Get up to leave. If you get a non-committal response, leave. Keep it SHORT or it will backfire. (I'll bet excon will say this is a bad idea.)

    There are many kinds of warrants. Arrest, bench, search, and felony are the main ones.

    Some, like search warrants, are constantly changing and there are different kinds.

    -A Ramey warrant authorizes a search for a specific person within specified premises. All other search warrants are to find property, including evidence. If the cops have a Ramey warrant and find guns and drugs... they have to be in plain sight. (They aren't supposed to lie.)
    -A Steagald warrant is a warrant to search for a suspect in a third party's home.
    -A Mincey warrant is for a homicide scene inside the victim's home, in case the suspect has privacy rights there.

    Good searching joy. But can you PLEASE post links. I am lost in space unless I see one.
  • Apr 26, 2013, 03:32 PM
    joypulv
    I read several sources. I have to cool down my computer every few minutes so sometimes rush.
  • Apr 27, 2013, 01:21 AM
    Fr_Chuck
    So much on searches will depend on where you live, In US states have their own case law and guidelines.
    In GA for example, if I stop you, I have the right to "pat you down" and see if there is any weapons. Only look inside if there is something that feels like it may be a danger.

    But of course he is arrested for evidence from illegal search, since the search is legal, till a judge rules it is not legal. That is what his attorney should be doing
  • May 7, 2013, 12:06 PM
    Lonelystar1
    OK thanks guys, My brother served 15 days in Jail. We got a lawyer and within 6 hours the charges were "magically dropped." You wonder why teenagers hate cops, they took advantage of my brother and as soon as he got representation they dropped all charges because they knew what they did was messed up. They illegally searched through his things, and they arrested him for resisting an officer when all he did was ask for a search warrant

    Here is the link with his story that was in the newspaper.
    http://www.hernandotoday.com/he/list...ck-b82484361z1


    The cops make me sick, they fabricated some BS story and as soon as we get a lawyer the charges magically dropped. Meanwhile my brother was in jail for 15 days.
  • May 7, 2013, 12:18 PM
    joypulv
    Thanks for letting us know.
    It's not just the poor or non-white although it usually is in cars or on the street.
    I used to handle boring insurance claims. Deny, deny, deny - unless a lawyer letter came in.
    And that was 45 years ago.
    Corporations and governments get away with what they can, like little kids stealing cookies out of the cookie jar. They do it because they can.
    And we aren't so crazy about lawyers until we need one.
  • May 7, 2013, 05:38 PM
    excon
    Hello again, L:

    Told you the search was illegal.. Yeah, cops suck!

    excon
  • May 7, 2013, 06:37 PM
    AK lawyer
    (I took the liberty to convert the URL you gave into an actual link.)

    The newspaper article tells it differently than you did.

    It says he was arrested on a drug charge on April 20, was out on bond, and then was searched on April 25 at which time drugs were found.

    That may have changed how we looked at the matter, but it appears it has all been straightened out. That's good.

  • All times are GMT -7. The time now is 08:15 AM.