Ask Me Help Desk - Evidence Tampering

If the police say on one paper the gun was found in the master bedroom and the other paper says the gun was found in the bathroom with the marijuana and if the gun was taken outside the house and taken back in the house before the warrant got there is that tampering with evidence.

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

Tampering with evidence would be making the evidence appear to be something different then it suggests. To even consider whether this was tampering, we would need to know the charge. How is the prosecutor planning on using the gun to prosecute?

Hello my name is Matt November 28 around 9:30 to 10:00 a.m two of my friends came to my house to play madden on my playstation I'm sitting on my couch that sit"s on front of my door and my two friends are sitting on the couch on the side of my door .while me and friend was talking I hear my mail slot open that's located on my door when I look me and the person made eye contact and that's when the person whistles I never had nobody look through my mail slot so when I got up too open the door I always look through my window that's on my door before I open but this time I didn't because I was a little upset that the person look through my mail slot so when I'm opening the door at the same time I felt like if someone was trying to push at same time I was opening I close the door that's when I realize I cought a persons arm at the same time that's when I hear someone says we looking for pedro terriforte at the same time that's when a big push came through my door.Pedro terriforte is my mothers boyfriend who lives across the street together.Pedro is on state parole and at the time was on parole and was wanted by state paroles for leaving a program at no time he ever lived in my house or satyed at my house his parole address is across the street where he lives.so when they came in through my door they slam me on my living room floor and said why did I do that to his officer and told him I didn't know he was a cop. That's when he picked me up from the floor and took me to the dinning room table and sat me there with my friends that were in my house during the time I'm sitting there talking to my friends wondering what just happen at now time they show me a warrant they walking through my hole house without a warrant.during that time I notice a few small bags of marijuana on the middle of my living room floor .I don't know how it got there ihad it in a Tupperware container next to my right foot under the couch iwas sitting on.at now time I had those small bags in the middle of the floor where they slammed me at.and that's what they used to get a search warrant.before they got the search warrant I can hear them going through bags through draws moving dressers.before they got the warrant they bring my gilfriend gun outside for 5 to 10min then they came back inside with it .they charged me p.w.I of marijuana having a gun .the gun is register to my girlfriend . And on the first paper they said the gun was found in the master bedroom and second paper says the gun was found in the bathroom with marijuana.please can you give me your advice

Its your word against ttheirs... so guess who's matters more...

What you need is a lawyer... a good one. Now.

Hello T:

It's an illegal search. There are SOOOO many things illegal about it, that even with an incompetent lawyer, the charges against you will be dismissed...

First off, they had the wrong address. That, and ONLY that, makes the search illegal.. Calling for a warrant AFTER they've already searched you, makes it even MORE illegal. And, there's even MORE that the cops did wrong than that..

Stupid cops... Don't talk to them. Hire a good lawyer if you can.

excon

I'm going to include the police incident report so I can get your thoughts.

You are still going to need a very good lawyer... and soon.

Issues, is this a known address that he goes to. Is she listed on his parole information.

Had he recently been in the house, did they have reason to believe he was in the house.

If they thought and had reason to believe he was in the house, they can enter to search for him. At that point if they found drugs, they can get a warrant to search the rest of the house.

The gun, unless locked up, allowed access to you and to the person they were searching for

So lets be honest here, Mom's boyfriend? He does sleep there sometimes right, PO will know your mom is the girlfriend, and she will be listed on the paper work

I tend to agree with Chuck here. If this is your mother's residence and she is known to be his girlfriend, then the police may be able to justify probable cause.

I merged this with your other question about evidence tampering. If the gun was found on the premises it really doesn't matter where. On the other hand, a good attorney should be able to cast doubt on the evidence because of the inconsistencies. So that's what you need; a good attorney.

No, chain of evidence is what the issue is, not tampering, a police officer will secure a gun at a crime scene, ( they will put it in their pocket perhaps, after they unload it. The hold it, till it is turned over to a superisor, or bagged as evidence.

The officers report who found it, will write up the actual report on the gun.

The other paper work, may or may not effect the case, depending on which one had a wrong info, or was it in the bathroom of the bedroom, in which case, they are both correct

Quote:

Pedro terriforte is my mothers boyfriend who lives across the street together.Pedro is on state parole and at the time was on parole and was wanted by state paroles for leaving a program at no time he ever lived in my house or satyed at my house his parole address is across the street where he lives

Hello again,

What you guys say about the cops and the evidence is true, IF you IGNORE what the OP said. I don't know WHY you would unless you think the cops don't make mistakes, or that they can search ANYWHERE they think a parolee goes.

I don't think either of those things, and the law doesn't either.

Excon

Here is the police incident report.

Deputy Paull who advised me the following, him and members of the Marshall's Fugitive Task force was looking for Pedro at the 710 Cooks Road who is currently wanted by State Parole as an absconder. While knocking on the door they could hear lots of voices from the within the property, after several attempts was made Matthew came to the door and spoke with Deputy Paul and he advised Matthew who they were looking for and Matthew closed the door in Deputy Paul left forearm causing injury. Deputy Paul got the door open with the help of the other memebers of the Fugitive Task Force. Located in plain view was marijuana in the living room area. Matthew and two other men was detained. A security sweep was conducted on the home and a .45 caliber pistol was located in the master bedroom and more marijuana throughout the home, including thr bathroom and master bedroom.
Affiants request a search warrant for the list address and Matthew and two other men, affiant experience has shown persons who posses controlled substances in their homes often posses other controlled substances on their person.

Hello again, T:

It doesn't change my mind.. The search was illegal.

excon

Quote:

Originally Posted by Fr_Chuck

Issues, is this a known address that he goes to. Is she listed on his parole information.

Had he recently been in the house, did they have reason to believe he was in the house.

If they thought and had reason to believe he was in the house, they can enter to search for him. at that point if they found drugs, they can get a warrant to search the rest of the house.

The gun, unless locked up, allowed access to you and to the person they were searching for

So lets be honest here, Mom's boyfriend? He does sleep there sometimes right, PO will know your mom is the girlfriend, and she will be listed on the paper work

No it's not a known address that he goes to. He lives across the street with my mom and his name is on that lease as well as the bills that go there. He hasn't been to my house since he was wanted. The cops claimed they received a tip.

Question: If they believed he was there why not just come in and not talk to me at the door like the deputy claims?

To answer you question: He has never slept in this house, he never lived in this house. Before he came out of jail he needed a address that's why my mom moved out and got a house for him and her. That's the HONEST truth. When his parole officer went to visit or when they went looking for him before they went to his house.

The reason why I mentioned the gun is because they misplaced the gun. They say they found it in the bedroom and they say they found it in the bathroom with the marijuana.

The marijauna they say was in plain view was not. It was next to my right foot under the couch I was sitting on, they moved that too.

They said that they found marijuana in the bathroom. Bedroom. And throughout the house. Why was they searching before the warrant got there? Why not look for Pedro? You don't look for a person in a trash bag.

Hello again, T:

SCREW what they say. It's NOT important to YOU.. What's important is that they had NO right to enter your house... That's IT. Once that is established, it doesn't matter what they did with the gun. It doesn't matter where you had pot, or how much you had.. NONE of that matters...

excon