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Am I going to jail what do I do!!!!!!!!
- Thread starter scout420
- Start date
RADAR
Well-known member
Just remember one thing.....................And the cops will say this and if you do this you are ok.........."You have the right to remain silent,anything you say can & will be used against you in a court of law,You have the right to an attorney.Etc...........Use & exercise these rights!!!
RADAR
RADAR
Well the first thing anyone says when the cops catch them is "it's not mine". In your case, they didn't catch you... they caught your GF. Which right now is about to be your EX GF, so you might as well screw her one more time by denying it is yours. I mean, they didn't catch it in YOUR hands. She could be fucking someone on the side. She could be planting evidence against you... women do that... Her statement is useless.
Chances are, they didn't say anything to you at the station simply because you were not processed into the system yet. That usually takes a day or so to get the report in.
Chances are, they didn't say anything to you at the station simply because you were not processed into the system yet. That usually takes a day or so to get the report in.
There are couple of things in your favor on this one.
First, the items were never witnessed in your possession by surveilance or by a police officer. It's almost a must to prove possession. Remember, someone has to sign the affidavit. Of course, never say they were yours! The evidence (if any) has been transported by someone other than authorities, and who knows what was in it by the time it hit the PD. It's pretty hard to use that as evidence with cases of domestic relations. These people (including your soon-to-be ex) could have had it out for you. Your girlfriend's statement would merely be testimonial evidence.
Second, I have some real concerns with the method of seizure. Always remember your 4th Amendment Rights. Unless there is some Plain View doctrine loophole or something, nobody should have been looking there in the first place. As far as the joint tenant residence, it may not matter. For example, a wife cannot grant permission to search a location is solely designated as location for the husband. Your attorney can tell you if this applies. The whole thing sounds like an illegal search and seizure.
Now, these are just my thoughts. However, I personally wouldn't sweat this one, but it sounds like you should know what to do if you get called in on this one. "What the hell are you talking about...ha ha...boy, that family has always hated me. But investigator, I assure you, I have no idea what you are talking about. I guess if you charge me, I'll need to bond out. I hate to pay for an expensive lawyer, but I'll have to. We can work through this one." There should be nothing else for you to say.
Good luck.
First, the items were never witnessed in your possession by surveilance or by a police officer. It's almost a must to prove possession. Remember, someone has to sign the affidavit. Of course, never say they were yours! The evidence (if any) has been transported by someone other than authorities, and who knows what was in it by the time it hit the PD. It's pretty hard to use that as evidence with cases of domestic relations. These people (including your soon-to-be ex) could have had it out for you. Your girlfriend's statement would merely be testimonial evidence.
Second, I have some real concerns with the method of seizure. Always remember your 4th Amendment Rights. Unless there is some Plain View doctrine loophole or something, nobody should have been looking there in the first place. As far as the joint tenant residence, it may not matter. For example, a wife cannot grant permission to search a location is solely designated as location for the husband. Your attorney can tell you if this applies. The whole thing sounds like an illegal search and seizure.
Now, these are just my thoughts. However, I personally wouldn't sweat this one, but it sounds like you should know what to do if you get called in on this one. "What the hell are you talking about...ha ha...boy, that family has always hated me. But investigator, I assure you, I have no idea what you are talking about. I guess if you charge me, I'll need to bond out. I hate to pay for an expensive lawyer, but I'll have to. We can work through this one." There should be nothing else for you to say.
Good luck.
"Second, I have some real concerns with the method of seizure. Always remember your 4th Amendment Rights. Unless there is some Plain View doctrine loophole or something, nobody should have been looking there in the first place. As far as the joint tenant residence, it may not matter. For example, a wife cannot grant permission to search a location is solely designated as location for the husband. Your attorney can tell you if this applies. The whole thing sounds like an illegal search and seizure."
This is discussed in chapter 9, of LEGAL MUSCLE titled "Fast cars and Anavars." It's important to remember that the Fourth Amendment protection against unreasonable searches and seizures only applies to goverment actors or their agents. As intrusive and un-American as it may sound, any private person who is not operating as an agent for law enforcement, could rummage around your crib, for whatever nefarious reasons, until she finds your gear and then run to the police with it. It's not an illegal search and seizure and not subject to suppression. If she were on your premises with no permission, consent or knowledge and then presumably granted consent by inviting the police in to allow them to search, it is more likely that the evidence will be subject to suppression as the so-called "fruit of the poisonous tree."
RW
This is discussed in chapter 9, of LEGAL MUSCLE titled "Fast cars and Anavars." It's important to remember that the Fourth Amendment protection against unreasonable searches and seizures only applies to goverment actors or their agents. As intrusive and un-American as it may sound, any private person who is not operating as an agent for law enforcement, could rummage around your crib, for whatever nefarious reasons, until she finds your gear and then run to the police with it. It's not an illegal search and seizure and not subject to suppression. If she were on your premises with no permission, consent or knowledge and then presumably granted consent by inviting the police in to allow them to search, it is more likely that the evidence will be subject to suppression as the so-called "fruit of the poisonous tree."
RW
scout420 said:
DRRman said:
newgene2 said:
My sentiments exactly, but there is a couple of things not in your favor here. First, it seems like both your girl and her father signed statements about it- so it will be two people's words against yours. Second it sounds like you're on probation, so it will be their word against that of an ex-con, not good. But you will definately have to point out the terrible loopholes of her father out to get you and your girl now being the jealous ex-girl out for revenge. You can also point out the chain of custody, and the serious problems there. It could be anybody's: someone your girl is seeing, her fathers, even your girl's as well!
In my experience they need to give it to the appropriate officers to handle such a case and have them figure out exactly what to do about it, how, when, and where. I am a little surprised the officer who took the gear and statement didn't say a word- especially it being a small town and all, but I can see his or her reasoning behind not doing so.scout420 said:
In the two places I've lived most of my life I can tell you for sure it definately would be a big deal. Especially crack, which is schedule I and can get you jail time in many states even on the first offense no matter what the amount. When a complaint is made, it's the police's job to look into it.eric123 said:
Looks like that's exactly what he did, along with his girlfriend.eric123 said:
Calling the cops can be considered taking it to the cops and when you're at the police station you're not home (although he said he was at the police station after the incident for a different problem, not while his dad was in his home like you claimed), scout420 doesn't seem to have the best writing skills- that doesn't make what happened to him false.boss said:bro read all of his post's and threads.......alot doesnt make sense at all.read this one again, first the old man called the cops and then next he took it to the cops. then he wasnt home and was out then he was at the police station while it was happening...
Well on the last statement, the cop stated that there was only one statement the father never made a statemen just gave the cops the drugs, why i dont know.Also my girl when she was younger had a run in or more with the cops and theres a good chance the judge may know her.Also theres plenty of evidence of the father hating me and that he would push it to that extreme just to get me away from hid daughter
ReallyDumb
Banned
Here is what I am saying:
I dont believe it matters that the Girlfriends dad broke in or was allowed into the house. I believe the term "fruit from a poison tree" argument only works when the cops illegally go to a house without a warrent (thus illegally breaking in) and find stuff. In this case, the police seem to have a legitimate reason to enter because of reasonable circumstance. Lawyers, step up am I wrong?
Reallydumb
I dont believe it matters that the Girlfriends dad broke in or was allowed into the house. I believe the term "fruit from a poison tree" argument only works when the cops illegally go to a house without a warrent (thus illegally breaking in) and find stuff. In this case, the police seem to have a legitimate reason to enter because of reasonable circumstance. Lawyers, step up am I wrong?
Reallydumb
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