Question on forced entrance by police

[me2dammit]

re

I don't know how "full of shit" my post was!

If you do give consent you are fucked, try telling one of these black booted thugs you have changed your mind. They already know you are stupid enough to allow them to violate your rights, why would they stop? Who the hell are you to a cop?!??!

Nobody. Its their word against yours if you haven't noticed, and the court takes their word unless you have cochran and a boatload of money, and the cops no that!

Don't get it twisted, if the police know you know your rights, they still might fuck with you, you have no proof that any of this happened as you say it did. Its there word against yours. They can be on tape fucking with you and still beat a civil rights violation case.

On paper everything is rosey, but in real life its fucked up. If they find something on an illegal search 9 times out of 10 they will say they saw it something first which then gave them probable cause to search, when you and the cops know they didn't do jack shit and they violated your rights, but explain that to a judge, whos job is to fine people who the cops bring in. If he goes against the cops the court system makes no money!!

Yeah, the occasional person who might know the judge through a realtive ,might beat it, but don't count on using you rights on paper in court unless you are loaded, and try it with the police and you might catch a bullet.

There are a ton of good cops, but they wouldn't pull a stunt like this, only the bad ones do, and they aint about to respect you and know full well they are violating you and dare you to do something about it. The know where you stay, what you drive and know they can make your life a living hell.

I have seen cops split someones head in front of 20 people and a camera and still walk, while the guy had brain damage. I don't want to hear about what you can and can't do on paper. I want to hear how you can get away with it in the real world.

That why I say reach for the phone slowly when attempting to call your attorney. Move to fast and they might put 10 bullets in your ass. If you are lucky enough to make it to your phone, and contact somebody(or at least act like it1) They will leave you alone(I have done it before!) If they don't allow you to make it to the phone, you are fucked!!

 

[Fukkenshredded]

Think of it this way, bro. Some people BROKE INTO YOUR HOUSE AND TOOK SOME STUFF. Only the fact that they were wearing uniforms makes you believe they were cops. You check any police office and see about a raid? You file a complaint? You call an attorney? ANYTHING? This is one of two things. Youre story is incomplete/inaccurate or you were robbed, plain and simple. See how easy it was? You STILL don't know you were robbed.

Call that number. You will see the light then I am certain.

 

[twippy23]

What the *$#k are you people reading to many comics

I know what the fuck happened. They were cops what don't you understand.People need to answer my questions not make up new ones. I need answers not comic book tales.

 

[Wisea$$]

I think what folks are telling you is:
This story sounds like bullshit. If the DEA is involved for sure, they don't operate this way at all.. If they are going to go through the trouble of putting together an entry team, time it just right when you get your shit and ask other agencies to get involved. They would know what was in the package before they busted in and would have a search warrant with them. Having gear in a package addressed to you would be more than enough to get a search warrant signed by a judge. The police or other L.E. agencies are required by law to leave a copy of the warrant when it is served. They are also required to file a return within 10 days to a judge who signed the warrant specifiying what they removed from your house.
Verbal consent is a totally different animal. If you give permission (you're a dumbass and deserve what you get if you do) they can search whatever you told them they could. You can tell them to stop at anytime. Buy if something illegal is found before they are told to stop. The house can be secured and they will file for a search warrant and continue on anyway.. Bottom Line if you have shit to hide. Tell them to pound sand unless they have a search warrant.
I am not calling you a liar. I just think there is more to this story than we are being told.

 

[Fukkenshredded]

EXACTLY.

 

[twippy23]

OK

He was told today it will be hadled by the MA state police and a officer will be going to the local court were this happened and get a summons.

 

[twippy23]

Summons

How do they summons you by mail or does an officer come to your address? Also when you appear at the summons do they then arrest you?

 

[nycdefender]

Here's my answer to Twippy's original question (sorry I saw this thread a week after it was posted). Normally, the police need a search or arrest warrant to enter a person's home, even when the officers possess probable cause to arrest the person. See Payton v. New York, 445 U.S. 573 (1980). There are three main exceptions to the Payton rule: exigent circumstances, consent, and hot pursuit. (There are also some miscellaneous exceptions, with which I will not bore you.)
Exigent Circumstances. If urgent events occur where the police would not have the time to get a warrant, a warrantless entry is permitted. There are two veins of cases in this exception. One vein allows an in-home arrest; the other allows a warrantless search of the home. Warrantless arrests will be allowed where a violent crime has been committed and the perpetrator will escape. Warrantless searches may be done when contraband will be destroyed or removed from the home. Note that the police cannot create the exigency. In terms of your situation, I don't think that the prosecution could prove the legality of the search under this theory.
Consent. An officer can make a warrantless arrest if a person in the household consents to the officer's entry. Although you say that your friend consented to the police searching two rooms of his house (which makes me want to strangle your friend, if true), I think the prosecution would lose under this theory, too. The police already illegally entered. Crashing through someone's door would make anyone's consent involuntary.
Hot Pursuit. If the police are in "hot pursuit" of a suspect, they can follow him into his home. A suspect cannot evade arrest in public by seeking refuge in his home. It's possible the prosecution might choose this theory. Your friend leaves his home by stepping outside to receive his package. He then goes inside his home. I would certainly argue that the police did not see a crime committed when your friend received the package, because how did your friend knowingly possess a controlled substance. Without actually seeing a crime being committed, there's no hot pursuit. So this exception could apply.
Buie or Protective Sweep. A lesser used exception is the Buie or protective sweep. See Maryland v. Buie, 494 U.S. 325 (1990). Once a defendant is arrested inside his home pursuant to an arrest warrant. the police may perform a protective sweep of the premises. This exception does not apply to your friend's situation.

When you appear in court on a summons, usually you are not arrested on the spot. The point of the summons is to summon you to court on your own to answer the charges. Sometimes, a judge may set bail at arraignment, but that would be very rare. If you have any outstanding warrants, you could be arrested when you appear for a summons.

Thanks Nautica for bumping this thread. Sorry I didn't see it and answer it sooner.

 

[RussianBro]

this story sounds to me like a bunch of rotten cops wanted his K's... They got, they will leave him along now...