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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-22-2002, 06:06 PM
lfshadow
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Exclamation

Police lied to me, then arrested me.


Colorado - I have proof that they lied to me. Is it legal for police to tell lies in order to gain access to a residence or for any other reason? Police came to my door , said they got a 911 call from my fax machine and needed to come in and look around. My fax doesn't work. There was no record of this 911 call. He came in and started searching. Found drugs. No search warrant.

Last edited by lfshadow; 06-23-2002 at 02:51 AM.
  #2  
Old 06-23-2002, 09:38 AM
RSR26
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While the police can lie to a citizen in many circumstances, in your case the officer's lies, if proven, would negate the the lawfulness of the entry. An officer can enter your home under certain emergency situations- if there were a real "911" call then perhaps his entry would be valid. Even if you consented to the entry, it would not matter since it was consent based on a knowingly false statement. Your consent, therefore, was not "voluntary." If you can demonstrate the officer lied, then the evidence seized should be inadmissible.
  #3  
Old 06-24-2002, 03:32 PM
blidiot
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If you can prove, through your attorney, that there was no 911 call to the police (which is quickly and easily done) then you should be able to have the evidence suppressed in a motions hearing and then, probably, have the case thrown out. These are things you need to talk to your attorney about. If you aren't getting the info you need from your attorney, then fire him/her and get another. Got a public defender? oh well......

Then, once you have had the evidence quashed in a public and recorded hearing, file a complaint on the officer. We don't need any bad cops out there. The good ones will get you legally next time.

Also, have you thought of taking a plea deal and getting treatment for your drug problem? Then this won't happen again!

Last edited by blidiot; 06-24-2002 at 03:34 PM.
  #4  
Old 06-25-2002, 03:34 PM
plifter
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I want to hear Rochelle explain how the officer was well within his rights to do this.
  #5  
Old 06-25-2002, 03:58 PM
Elvis
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Plifter -

Why would Rochelle do that? This is an example of a cop not acting within the law. As noted, a good attorney can easily disprove a 911 call being made and then make a motion to supress the search.

In your ridiculous posts you often cite examples where a cop writes you a traffic ticket and you believe your rights were violated. For example, when you tinted your windows to JERK OFF you felt your rights were being violated. You need to stop trying to bash ALL cops - Obviously there are a few 'bad' ones, but as a whole - they serve and protect.
  #6  
Old 06-25-2002, 05:09 PM
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The only bad ones are the ones that stop plifter for anything. For some reason, he believes because of his color he should be allowed to do anything. Isn't that reverse discrimination? I've never defended an officer I believed acted incorrectly. HE just believes in his paranoid ramblings that EVERY officer is in error. Oh, but now, in other posts, in believes judges and officers are in cahoots. What's next? The CIA is out to get you too? You have an overblown sense of importance.
  #7  
Old 06-25-2002, 05:15 PM
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Famous Quotations From FreeAdvice.Com


"Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy."

- - By member "plifter," February 24, 2002

Plifter is a Black racist who comes here to spout off about how he constantly is being stopped by White cops. With the above quote, is it any wonder?

How are your leather seats holding up, plifter? Remember to use lots of "Saddle Soap."

IAAL
  #8  
Old 06-26-2002, 01:40 AM
lfshadow
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Talking

Can Police Tell Lies...


colorado - thanks for your replys, the ones that had something to do with my question anyway. and yes i do have proof, my daddy didn't raise no dummy - i recorded everyword that every officer said, in person and on the phone. i have my "discovery" meeting with my attorney friday. i gave him the tapes already and he just got the police report. now they have added to the list of offences that i had an ounce of marajuana. - that is completely impossible. and to the person that said i will eventually get caught by a good cop, well that could never happen because i don't do drugs! that's why all of this is such b--s---!!!
  #9  
Old 06-26-2002, 01:49 AM
lfshadow
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Red face

Police lie...


I forgot to say what exactly the police DID find- and this is a quote form the search warrant: 3 plant growing lights, potting soil, plant food, and a submirsable pump (I haven't figured out this last one). and i asked them how they could arrest someone for "cultivation of marijuana" with that evidence. they said they found "a marajuana plant". I found out later they found this "plant" in the driveway and it was a dead stick!!! (they say a stem???)
  #10  
Old 06-26-2002, 11:11 AM
Doubting Thomas
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Re: Can Police Tell Lies...


Quote:
Originally posted by lfshadow
colorado - thanks for your replys, the ones that had something to do with my question anyway. and yes i do have proof, my daddy didn't raise no dummy - i
--------------------------------------------------------

Man! Do I smell a grant of a Motion to Supress!! Congratulations to you and to the lawyer you bless with these fab facts! We file these puppies all the time but only a few Motions to Supress actually survive!

So do all these discussions end in bickering? Actually, like advice columns not really being about advice - or at least not "just" about advice - I come here for the entertainment value. If the guys looking for free legal advice don't like that we pelt each other with mud balls while passing out opinions, screw em.
  #11  
Old 06-26-2002, 11:15 AM
Doubting Thomas
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Re: Police lie...


Quote:
Originally posted by lfshadow
I forgot to say what exactly the police DID find- and this is a quote form the search warrant: 3 plant growing lights, potting soil, plant food, and a submirsable pump (I haven't figured out this last one). and i asked them how they could arrest someone for "cultivation of marijuana" with that evidence. they said they found "a marajuana plant". I found out later they found this "plant" in the driveway and it was a dead stick!!! (they say a stem???)
Forget the Motion, kid.

Once a lawyer sees the case (i.e., the prosecutor) the case is going to be dumped. Your poor lawyer won't even have a chance to file his motion to supress. UNLESSSSSS - don't tell me they've already ARRAIGNED you on this?

Still, if what you say is true it's likely to be dismissed. A stick in the driveway will not make the other items anything more than consistent with innocence. Even if it turns out to BE MJ - it would be a tough case for the state to win.

Let us know how it turns out!
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