consent to search not signed

[cathynjames]

The trailer court of which I have resided in for 17 years has recently become known for its drug activity as well as criminal acticvity. On more then one occasion I have experienced and witnessed the police infringing apon our rights. For the most part the police have been allowed to conduct illegal seaches by means of threats and or coercion, praying apon the uneducated low income citizens and immigrants who have no ability to understand their rights let alone the money they will need to stop the police and or CPS when their rights
have been violated.
This then brings me to the case in queston: A homeowner answers the door, it is the police department, they tell the home owner from the porch they are investigating an alleagation of drug dealing on the premises, standing in the doorway the home owner denies the alleagation. looking in the home over her shoulder the officer asks if he can come in the home and discuss the alleagation The home owner again denies the alleagation, and said she would prefer they didnt come in unless they have a search warrant. The officer sarcastically replies maybe she would prefer a visit from CPS as well as a search warrant both could be here quickly if she doesnt start cooperating. Afraid for her childrens custody she allows them to enter the home. They then ask her to sign a consent to search affaidaviate, she refuses to sign the document, stressed aThe trailer court of which I have resided in for 17 years has recently become known for its drug activity as well as criminal acticvity. On more then one occasion I have experienced and witnessed the police infringing apon our rights. For the most part the police have been allowed to conduct illegal seaches by means of threats and or coercion, praying apon the uneducated low income citizens and immigrants who have no ability to understand their rights let alone the money they will need to stop the police and or CPS when their rights
have been violated.
This then brings me to the case in queston: A homeowner answers the door, it is the police department, they tell the home owner from the porch they are investigating an alleagation of drug dealing on the premises, standing in the doorway the home owner denies the alleagation. looking in the home over her shoulder the officer asks if he can come in the home and discuss the alleagation The home owner again denies the alleagation, and said she would prefer they didnt come in unless they have a search warrant. The officer sarcastically replies maybe she would prefer a visit from CPS as well as a search warrant both could be here quickly if she doesnt start cooperating. Afraid for her childrens custody she allows them to enter the home. They then ask her to sign a consent to search affaidaviate, she refuses to sign the document, stressed and overwhelmed the home owner is asked if they did search where or what room would she prefer they not go into, she answeres the bathroom because it has a hole in the floor and is in the process of being remoltled. The officer continues walking around the house and at some point enter the bathroom where apon he finds some drug paraphenella. She has since been charged with a felony drug charge stemming from this evidence! I ask you was this evidence legally obtained!nd overwhelmed the home owner is asked if they did search where or what room would she prefer they not go into, she answeres the bathroom because it has a hole in the floor and is in the process of being remoltled. The officer continues walking around the house and at some point enter the bathroom where apon he finds some drug paraphenella. She has since been charged with a felony drug charge stemming from this evidence! I ask you was this evidence legally obtained!

[BelizeBreeze]

would you like to answer the question you purposely deleted?

[CdwJava]

Originally Posted by cathynjames

Afraid for her childrens custody she allows them to enter the home.

Okay ... if she is later arrested she can argue that consent was not freely given. The judge may or may not buy it. I have known judges that would throw the search out immediately and then others that would not consider to do so. It is generally not unlawful to advise a person what could realistically happen if they refuse.

I ask you was this evidence legally obtained!

She will have to ask the court. Her attorney can make a motion to suppress arguing that consent was not freely granted. It might work. The officers might also argue that the items were in plain view from where they had permission to be ... or they were makign a protective sweep of the trailer ... there may have even been some other exigency.

She needs to consult an attorney.

- Carl

[tranquility]

What Carl said. What Carl said.

[stephenk]

Originally Posted by cathynjames

The trailer court of which I have resided in for 17 years has recently become known for its drug activity as well as criminal acticvity. On more then one occasion I have experienced and witnessed the police infringing apon our rights. For the most part the police have been allowed to conduct illegal seaches by means of threats and or coercion, praying apon the uneducated low income citizens and immigrants who have no ability to understand their rights let alone the money they will need to stop the police and or CPS when their rights
have been violated.
This then brings me to the case in queston: A homeowner answers the door, it is the police department, they tell the home owner from the porch they are investigating an alleagation of drug dealing on the premises, standing in the doorway the home owner denies the alleagation. looking in the home over her shoulder the officer asks if he can come in the home and discuss the alleagation The home owner again denies the alleagation, and said she would prefer they didnt come in unless they have a search warrant. The officer sarcastically replies maybe she would prefer a visit from CPS as well as a search warrant both could be here quickly if she doesnt start cooperating. Afraid for her childrens custody she allows them to enter the home. They then ask her to sign a consent to search affaidaviate, she refuses to sign the document, stressed aThe trailer court of which I have resided in for 17 years has recently become known for its drug activity as well as criminal acticvity. On more then one occasion I have experienced and witnessed the police infringing apon our rights. For the most part the police have been allowed to conduct illegal seaches by means of threats and or coercion, praying apon the uneducated low income citizens and immigrants who have no ability to understand their rights let alone the money they will need to stop the police and or CPS when their rights
have been violated.
This then brings me to the case in queston: A homeowner answers the door, it is the police department, they tell the home owner from the porch they are investigating an alleagation of drug dealing on the premises, standing in the doorway the home owner denies the alleagation. looking in the home over her shoulder the officer asks if he can come in the home and discuss the alleagation The home owner again denies the alleagation, and said she would prefer they didnt come in unless they have a search warrant. The officer sarcastically replies maybe she would prefer a visit from CPS as well as a search warrant both could be here quickly if she doesnt start cooperating. Afraid for her childrens custody she allows them to enter the home. They then ask her to sign a consent to search affaidaviate, she refuses to sign the document, stressed and overwhelmed the home owner is asked if they did search where or what room would she prefer they not go into, she answeres the bathroom because it has a hole in the floor and is in the process of being remoltled. The officer continues walking around the house and at some point enter the bathroom where apon he finds some drug paraphenella. She has since been charged with a felony drug charge stemming from this evidence! I ask you was this evidence legally obtained!nd overwhelmed the home owner is asked if they did search where or what room would she prefer they not go into, she answeres the bathroom because it has a hole in the floor and is in the process of being remoltled. The officer continues walking around the house and at some point enter the bathroom where apon he finds some drug paraphenella. She has since been charged with a felony drug charge stemming from this evidence! I ask you was this evidence legally obtained!

What drugs were you taking when you posted your cut and paste story?