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-   -   Can this be legal (https://www.askmehelpdesk.com/showthread.php?t=176285)

  • Jan 24, 2008, 04:40 PM
    blucky
    Can this be legal
    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
  • Jan 24, 2008, 04:50 PM
    twinkiedooter
    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.
  • Jan 24, 2008, 04:54 PM
    excon
    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
  • Jan 24, 2008, 04:56 PM
    peggyhill
    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.
  • Jan 24, 2008, 04:56 PM
    J_9
    Quote:

    Originally Posted by twinkiedooter
    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.
  • Jan 24, 2008, 05:04 PM
    excon
    Quote:

    Originally Posted by J_9
    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
  • Jan 24, 2008, 05:06 PM
    J_9
    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.
  • Jan 24, 2008, 05:19 PM
    blucky
    Quote:

    Originally Posted by excon
    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
  • Jan 24, 2008, 05:26 PM
    fde
    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...
  • Jan 24, 2008, 05:37 PM
    excon
    Hello again, fde:

    This is the law board. You opinion isn't of any value. Go find something useful to do.

    excon
  • Jan 24, 2008, 05:51 PM
    twinkiedooter
    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.
  • Jan 24, 2008, 05:53 PM
    Fr_Chuck
    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.
  • Jan 24, 2008, 05:59 PM
    blucky
    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...
  • Jan 24, 2008, 06:06 PM
    blucky
    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
  • Jan 24, 2008, 06:09 PM
    fde
    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!!
  • Jan 24, 2008, 06:31 PM
    blucky
    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-------------------
  • Jan 24, 2008, 06:39 PM
    fde
    I Know The Truth Can Hurt But You Know What It Can Set You Free Too!!
  • Jan 24, 2008, 06:46 PM
    J_9
    Quote:

    Originally Posted by blucky
    :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?
  • Jan 24, 2008, 06:48 PM
    J_9
    Everyone please turn off your caps.
  • Jan 24, 2008, 06:51 PM
    excon
    Quote:

    Originally Posted by twinkiedooter
    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

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