Police documented story time:woman shows up at police station to report a felon with a firearm at his residence,she has a confirmed no-contact order against her from this individual,and also has a warrant for her arrest for breaking the no-contact order.THE woman also claims that there are large amouts of marijuana in residence as well.Police confirm that the man is a convicted felon with previous drug convictions and is now running two buisnesses in two different cities.The woman claims to be living at the residence and states that he is out of town on drug business.The police get a consent to search form and have her agree to give entry to residence.when asked for a key to residence,she does not have one,but says door is unlocked.after searching entire home,and finding a gun placed under bed,they place arrest warrant out for hiim.FAST_FORWARD--suppression hearing,state drops case,rearrested by F.B.I in courtroom after state drops case. Even though confident case will be beat,man has lost both buisnesses he built,home,visiting rights to child and contact,and has ankle braclet on and can't leave familys house.No drugs were ever found,or drug para,or scales or anything at all,gun was fingerprinted and case it was in and the mans fingerprints were not on it anywhere.as you can figure this man is me,where are my rights,I had a restrainging order against her and it was ignored because I'm a felon.everything I've built in the last four years from being released from prison has been stripped from me.every lawyer I've talked to about suing gives me the run-around because of my past.I feel lost and confused,and am reaching out to you for help and guidance.the final suppression hearing is at the end of this month for feds,but I'm financially ruined,and all that's left for them to take is me back to prison, who do I turn to that well speak for me? since no one will listen,, need more info... just ask

Hello respect:

The good news is that you're going to win your case.

You didn't say the gun wasn't yours - only that your fingerprints weren't found on it. If she planted it, why weren't her fingerprints found on it?

If the gun is yours, then this is the price you had to pay to defend yourself. There's no bright side to this. Can you imagine losing everything AND being sent back too??

If the gun wasn't yours, then you really got screwed. Although, I have a hard time believing that she pulled off the perfect frame job.

excon

PS> Who do you want to talk to about what?? Dude, you start over. No, it's not fair. Who told you life was fair?

I'm going to assume that this woman has no money. So suing her for filing a false poilce report isn't going to get you very far. You could press charges about violation of the restraining order, but that's about all.

You might have a case against the police department. Since she had a no contact order against her, her testimony about what was in the house should have been suspect and might not have been sufficient grounds for the search warrant. But its an iffy case and I can understand most lawyers not wanting to take it on.

As excon said, life ain't fair. You got yourself going once, you can do it again.

There was prints found on the gun, they haven't been exposed yet ,all I know is there not mine,that's all the feds have given up yet,and my so called public-d,has to do a independent analysis,. yeah she's a broke b***h.. But so am I now.. lol.. the problem is,if it was me,I would have been immediately arrested.I know the cops had no right to break into my home with her,and they've already admitted on stand that they new about the restraining order.there is lots of case law supporting me as you know,. how long do I have to sue the police department if I find a lawyer with some cajones'

Hello again, r:

You can sue 'em tomorrow, and probably up to 3 years.

excon

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Originally Posted by respecttruth

police documented story time:woman shows up at police station to report a felon with a firearm at his residence,she has a confirmed no-contact order against her from this individual,and also has a warrant for her arrest for breaking the no-contact order.THE woman also claims that there are large amouts of marijuana in residence as well.Police confirm that the man is a convicted felon with previous drug convictions and is now running two buisnesses in two different cities.The woman claims to be living at the residence and states that he is out of town on drug buisness.The police get a consent to search form and have her agree to give entry to residence.when asked for a key to residence,she does not have one,but says door is unlocked.after searching entire home,and finding a gun placed under bed,they place arrest warrant out for hiim.FAST_FORWARD--suppression hearing,state drops case,rearrested by F.B.I in courtroom after state drops case. Even tho confident case will be beat,man has lost both buisnesses he built,home,visiting rights to child and contact,and has ankle braclet on and can't leave familys house.No drugs were ever found,or drug para,or scales or anything at all,gun was fingerprinted and case it was in and the mans fingerprints were not on it anywhere.as you can figure this man is me,where are my rights,i had a restrainging order against her and it was ignored because im a felon.everything ive built in the last four years from being released from prison has been stripped from me.every lawyer ive talked to about suing gives me the run-around because of my past.I feel lost and confused,and am reaching out to you for help and guidance.the final suppression hearing is at the end of this month for feds,but im financially ruined,and all thats left for them to take is me back to prison,,who do i turn to that well speak for me?,since no one will listen,,,,need more info...just ask

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First, under "the fruit of the poisonous tree" doctrine, any evidence found in the house is inadmissible. She did not have the legal right to allow admission to a residence not her own. The police should have known this. The residence, being unlocked, could have been visited by anyone without your knowledge or approval in your absence. Thus, it can not be proven that the gun was, in fact, yours. The absence of your finger prints goes toward indicating that also. This is a Constitutional case of a violation of your civil liberties under "unreasonable search and seizure" and "due process" amendments to the Constitution. You may wish to contact one of the Civil Rights advocates (such as the ACLU) for further guidance and perhaps representation.