Can I be charged with something that was already claimed by someone else?

[venuss71]

What is the name of your state? Texas. The police busted down my door all on the word of a "confidential informant", I later found out. Please tell me, If the police did not find what was described in the search warrant, what happens? Do they have to find exactly what is on the search warrant, for their "bust" to be successful?What is the name of your state?

 

[Just Blue]

What is the name of your state? Texas. The police busted down my door all on the word of a "confidential informant", I later found out. Please tell me, If the police did not find what was described in the search warrant, what happens? Do they have to find exactly what is on the search warrant, for their "bust" to be successful?What is the name of your state?

Details please...

 

[Some Random Guy]

In general...
Police will use probable cause to get a warrant to search a defined area for defined list of objects. If the judge finds the probable cause is valid, the police get their warrant.

Next, When conducting a search of the defined area, police can discover other items of interest. In some cases they may need an additional warrant to search or seize the new items, other times not.

If police do not find their targeted items, that doesn't make the warrant invalid, but it makes their informant less reliable for the next search warrant application.

 

[Some Random Guy]

This is hilarious.

The police get a warrant to search for drugs (meth).
During the search they find...... drugs. Hmm...
Drugs on your friends, drugs in the bedroom (meth + weed), drug tools on the floor drug tools on the dresser.

And you want the warrant thrown out! Just because the CI doesn't know how much the meth weighed!

Absolutely hilarious.

P.S. Multiple people can be charged with possession of a single item, esp when they item is lying in the middle of the floor between them.

 

[venuss71]

so just because there are a group of people hanging out in a non-public place, on a friday nite, just partying. That makes what the accuser is saying correct? Then it would be safe to say every person inside a "bar" is an alcoholic, right?

This is hilarious.

The police get a warrant to search for drugs (meth).
During the search they find...... drugs. Hmm...
Drugs on your friends, drugs in the bedroom (meth + weed), drug tools on the floor drug tools on the dresser.

And you want the warrant thrown out! Just because the CI doesn't know how much the meth weighed!

Absolutely hilarious.

P.S. Multiple people can be charged with possession of a single item, esp when they item is lying in the middle of the floor between them.

 

[seniorjudge]

so just because there are a group of people hanging out in a non-public place, on a friday nite, just partying. That makes what the accuser is saying correct? Then it would be safe to say every person inside a "bar" is an alcoholic, right?

Just a wild guess here, but you are NOT a logic teacher are you?

 

[venuss71]

How did you guess!!

I too am guessing, but I bet you think there is a logical explaination for everything? Well, I have learned, when you are dealing with people and emotions, there is no logic.

Just a wild guess here, but you are NOT a logic teacher are you?

 

[smutlydog]

I too am guessing, but I bet you think there is a logical explaination for everything? Well, I have learned, when you are dealing with people and emotions, there is no logic.

If the informant makes a controlled buy then who ever is directly or indirectly involved is pretty much screwed. It doesn't matter what was or wasn’t in the house.
Judges usually don't sign warrants just because somebody says there is dope in the house even when the informant happens to be reliable but that's not to say it doesn't happen.

If the search warrant says 1/2 ounce of coke and they find 1/2 ounce of meth it's still a good bust but the more outrageous the lies the weaker the case becomes.

This is my understanding of how the law works.

 

[ceara19]

so just because there are a group of people hanging out in a non-public place, on a friday nite, just partying. That makes what the accuser is saying correct? Then it would be safe to say every person inside a "bar" is an alcoholic, right?

Alcohol isn't illegal unless the person is underage. If the police have a warrant to search for drugs and they happen to find a severed head and a bloody knife in a place where drugs could possibly be hidden, you'll be arrested for murder. They'll probably stop looking for the drugs though.

In turn if they have a warrant to search your house for a stolen big screen tv and they find a shoebox full of meth in the top of the closet, you could possibly have that trown out since there is no way the tv would have been in the shoebox.

 

[Some Random Guy]

In between posts 3 and 4, there used to be another post from OP that told of group of people were in the house at the time of the raid. All people in the house except 2 were arrested for "things they had in their pockets", and another 2oz of weed and a small quantity of meth was found and paraphenalia was found in plain sight in the middle of the floor and on a dresser.

That missing info certainly seems relevant to whether the CI knew what he was talking about and whether the warrant covered the discovery of the other items.

 

[venuss71]

CI is mistaken and I can prove it.

CI stated he saw a specific amount laying out in the open. First of all, if there was dope especially the quantity he is saying, it wouldnt be laying in the open. Another fact is that the CI is only snitching to support their habit it wasnt done for money. For the past 2 years at least, I have been makeing jewelry, and selling my pieces on consignment and on ebay. I have proof. Which consists of haveing a substantial amount of inventory consisting of clasps, crimps, glass beads, from every shape, size, and color you can imagine and little bags with beads in them all over my house. I believe he got pissed off because we couldnt help him get what he wanted. I've pretty much got it all figured out, and have came to the conclusion that is all a money thing!! If we can come up with the money for a bad ass attorney, thats how justice will prevail. He who has the most money..Look at OJ and Michael.

In between posts 3 and 4, there used to be another post from OP that told of group of people were in the house at the time of the raid. All people in the house except 2 were arrested for "things they had in their pockets", and another 2oz of weed and a small quantity of meth was found and paraphenalia was found in plain sight in the middle of the floor and on a dresser.

That missing info certainly seems relevant to whether the CI knew what he was talking about and whether the warrant covered the discovery of the other items.

 

[venuss71]

the charges say it all

Nobody in the house got charged with nothing more than a 3rd degree felony. Mostly paraphenilia and simple possession of controlled substance under 1gr. No with intent or no manufacturing because it simply is not true. These guys were so sloppy, its pathetic.

If the informant makes a controlled buy then who ever is directly or indirectly involved is pretty much screwed. It doesn't matter what was or wasn’t in the house.
Judges usually don't sign warrants just because somebody says there is dope in the house even when the informant happens to be reliable but that's not to say it doesn't happen.

If the search warrant says 1/2 ounce of coke and they find 1/2 ounce of meth it's still a good bust but the more outrageous the lies the weaker the case becomes.

This is my understanding of how the law works.

 

[ceara19]

Nobody in the house got charged with nothing more than a 3rd degree felony. Mostly paraphenilia and simple possession of controlled substance under 1gr. No with intent or no manufacturing because it simply is not true. These guys were so sloppy, its pathetic.

The CI told police he saw drugs in the house. In order for the search warrant to be declared invalid, you would have to prove that the CI DID NOT see the drugs. You can't do that because they DID find drugs, even if it was not the quantity the CI claimed. There are many reasons that the large quantity would not be there when the warrant was executed. It could have been moved, sold or taken.

 

[Some Random Guy]

Regardless of the motivations of the CI, the judge determined that there was probable cause to search. Nothing you have said indicates that the police did not follow the terms of the search warrant.

Talk to your lawyer about a different way of fighting the DA's case.