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    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
    Junior Member
     
    #1

    Oct 7, 2009, 08:30 PM
    What is an illegal search
    If you give an officer permission to check your home for someone, does that also give him permission to dig in your desk draws? I told him he could check my home and make sure no one else was in their, he kept insisting that he heard someone else inside. He started digging in my computer desk draw and said he found a control substance. Is that legal?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 8, 2009, 04:21 AM
    Quote Originally Posted by CHERIE_LABAT View Post
    If you give an officer permission to check your home for someone, does that also give him permission to dig in your desk draws?
    Hello C:

    Maybe, but it's not as simple as that... Your lawyer is going to argue that you gave him permission to conduct a LIMITED search. The cop is going to say that you gave him BLANKET permission...

    So, if the cop was looking for a PERSON, and you can PROVE it, he wouldn't find him in your desk drawer, and you'd win.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 8, 2009, 02:20 PM

    Yep. Excon is correct on this one. There is a huge difference in allowing an officer to search for a person. Now if the officer opened a closet door to look for the person and there were a bunch of pot plants growing in the closet - that would be a horse of a different color. But a desk drawer is a totally different matter. No way a human being can hide in a desk drawer. Closet yes, drawer no.

    Have your attorney challenge this in court and you'll win due to the fact the officer conducted a more thorough search than was necessary or permission given to "go through every nook and cranny" looking for this person.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #4

    Oct 10, 2009, 11:24 PM

    A friend of mine was here also and she could verify that the officers kept saying who else is inside and I kept telling them no one. That's why they asked can we look inside to see and I told them yes. I should have seen it for what it was, but I thought I was doing the right thing. I'm learning it don't always pay to try and do the right thing. I guess that's why nice people finish last.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #5

    Oct 10, 2009, 11:31 PM

    You may have a problem. The cop did find a controlled substance in your drawer.

    It all depends on your lawyer. Get a good one.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
    Junior Member
     
    #6

    Oct 11, 2009, 01:09 AM
    How to stop police harassment?
    What do you do if you feel you are being harassed by an officer? My main concern is that the little town that I live in is known for being corrupt. After what happened to me recently I know it's not going to stop, unless I do something about it. I was told to file a complaint against all that was involved. I know when I do it's going to have him really pissed off and gunning for me. He's done informed me that he's going to make sure I get jail time if I don't do what he says to do. I warned someone to be careful that this girl was going to be wearing a wire to set up this other person. I was told this officer was going to try and make it look like I set him up instead of this other person. So now the officer expects me to get this person for him or he's going to make me pay dearly. I'm looking at either being killed for being a snitch or serious jail time for not being a snitch.
    Any suggestions would be greatly appreciated, I'm scared and don't know who I can trust or which way to run.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #7

    Oct 11, 2009, 04:49 AM

    Let me break it down for you real easy like.

    Move.
    earl237's Avatar
    earl237 Posts: 532, Reputation: 57
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    #8

    Oct 11, 2009, 03:15 PM
    If police come to your door and ask to do a search, always ask if they have a warrant, if they do not, don't give permission to search. If you refuse permission and they have no warrant, any contraband that they find can be ruled inadmissable in court because they had no warrant, if you have a good lawyer. If you give permission to search, any contraband that they find will be admissible in court. Police pick on people who don't know their rights or are too intimidated to exercise their rights.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #9

    Oct 11, 2009, 09:32 PM

    Well I've talked to an attorney which told me I needed to go and file a complaint against these officers. I've done had a run in before with one of them and he has it in for me and even told me in front of the other officers. He tried to get my friend to say that I was doing stuff that I'm not and even asked her if I was forcing her to be around me. She just laughed at him and told him he was crazy. She asked me to give her a ride to court that morning because she don't have a car. Perry County, MS is about as corrupt and screwed up as they come.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #10

    Oct 11, 2009, 09:55 PM

    It has crossed my mind, but I really can't afford to.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #11

    Oct 12, 2009, 04:24 AM

    Ive thought about it and I cannot honestly cannot come up with anything else even remotely useful.
    copgtp's Avatar
    copgtp Posts: 5, Reputation: 1
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    #12

    Oct 12, 2009, 03:44 PM

    It sounds like you are being harassed by a local officer correct? Is there any state or county department you may feel more comfortable talking about this with?? State police or Sheriff's department that is run independently from a local municipality. Also if you really feel threatened you can always go to your county district attorney office. They are usually the officials that deal with police corruption.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Oct 12, 2009, 06:20 PM

    Let me see you warned a person that they were under investigation and that a "officer" could that be undercover?
    Was going to wear a wire to get them.

    Normally you are lucky they did not arrest you for interfering with an investigation or obstucting justice.

    So yes, being harassed by police is about the least of your worries. Sounds like you were an informant of some sort that would not do all they wanted??

    But there is nothing you can do, except to be ready to be stopped for any stop sign you roll past, anytime you are 3 miles over and more
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Oct 12, 2009, 06:56 PM

    To put it kindly - I can't decide if you are making all of this up or not. People post here all the time just to get attention.

    You have more adventures than Lassie.

    https://www.askmehelpdesk.com/crimin...h-403745.html; https://www.askmehelpdesk.com/crimin...#post1657032p; https://www.askmehelpdesk.com/other-...#post1196266p; https://www.askmehelpdesk.com/other-...y-244047.html; https://www.askmehelpdesk.com/real-e...l#post1026526; https://www.askmehelpdesk.com/real-e...ml#post775830;
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #15

    Oct 12, 2009, 07:13 PM

    Sorry, file a complaint ? That was advice from a real attorney on the legal status of evidence?

    If that officer found a controlled substance, then it will only appear you are being a jerk. You present evidence in court to get the evidence thrown out. Perhaps time to talk to another attorney
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #16

    Oct 12, 2009, 07:57 PM

    Hello again, C:

    I agree with the Padre. I know about those small southern county's. You ain't going to win against a vindictive cop.

    excon
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #18

    Oct 12, 2009, 09:05 PM

    Wow, the OP seems to have nothing but legal problems. One after the other.

    Troll? Law student? Criminal? I can't decide.

    His/her previous threads do paint a picture, but a picture of what?

    OP, an explanation would be good at this point. What exactly are you?

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