Drug Charges with cops withholding evidence

[ugh123]

Idaho:

Can an arresting officer allow an off duty police officer to take evidence of a handgun that was found by other officers while searching off duty sons car on a probation stop. It gets tricky.... The handgun was the father’s old gun issued through the county Sheriff department that he works. The father sold this gun to his son . The father signed a paper through his place of work (police department) stating that he would sale the gun to anyone. His son was pulled over by probation officer because he looked suspicious. Probation Officer asked if he had anything in the car and he said he had marijuana and pipe. They found a gun and an open box of beer in trunk. They searched his car and charged him with Felony intent to deliver (packaged seperately), paraphernalia, and possession of alcohol under 21. During this search, a lot of odd things happened. This kid’s father was called to come and get the handgun (due to it getting him in trouble with his work), they never took the gun in for evidence and it’s not in any of the police reports. The car was searched by two different people and they overlooked a scale and another pipe in the console. As I said before, they charged him with and alcohol under 21 because he had a 30 pack of beer in his trunk (13 were gone). However, they did not take add the beer as part of the evidence seized. It seems as though the cops were protecting the father because they knew of the severity if the Sheriff found out that he sold his gun to his son. Also, the car and sons cell phone was given to father. Isn’t this withholding of evidence or tampering? Could the case be dismissed due to the uncertainty of the evidence that was found in the search? How much more was found? Or was any of the seized evidence tampered with?

 

[CdwJava]

Idaho:

Can an arresting officer allow an off duty police officer to take evidence of a handgun that was found by other officers while searching off duty sons car on a probation stop.

CAN they? Sure. SHOULD they? Absolutely not.

Who are YOU in this incident, and how do you KNOW that this happened?

Did the car belong to dad? Perhaps it was in a place where it was inaccessible to the driver (the son on probation) and the investigating probation officer decided that he should just return it to dad. Was the car impounded or also returned to dad? Who was the car registered to?

Though if it was found in the trunk along with the beer, and he was getting charged with the beer, it might stand to reason that he should be liable for the gun, too ... unless the gun was stored separately or secured.

This kid’s father was called to come and get the handgun (due to it getting him in trouble with his work), they never took the gun in for evidence and it’s not in any of the police reports.

I'm curious how you would know this?

The car was searched by two different people and they overlooked a scale and another pipe in the console.

Either they did not find it, or they did not think it would make a difference in the charges alleged.

As I said before, they charged him with and alcohol under 21 because he had a 30 pack of beer in his trunk (13 were gone). However, they did not take add the beer as part of the evidence seized.

Many agencies do not seize alcohol or other items that take up a lot of storage space and are heavy. You take a picture of it, and MAYBE save one container for testing, but otherwise dispose of the alcohol, leave it with the vehicle, or release it to someone else.

It seems as though the cops were protecting the father because they knew of the severity if the Sheriff found out that he sold his gun to his son.

That might be the case. If you have any proof of malfeasance, perhaps you need to speak with the agencies involved or the county's prosecuting attorney.

Also, the car and sons cell phone was given to father.

If they are not evidence, why not?

Isn’t this withholding of evidence or tampering?

Maybe. Or, it might simply be a poor and ill-considered exercise of discretion. No law requires the police to charge every possible offense.

Could the case be dismissed due to the uncertainty of the evidence that was found in the search?

Is there reason to believe the evidence that WAS found was planted for some odd reason?

How much more was found? Or was any of the seized evidence tampered with?

If the defense wants to travel that road, they certainly can ... but, they might find that the firearm is suddenly added to the offenses. I doubt they will go down that road.

If what you say is true (and I am curious how you would know so much detail), then the investigating officer(s) made some serious mistakes that could potentially cost them their jobs. But, unless you were one of the officers present, I don't see how you would KNOW what transpired, what was found, what was missed, and what might have been in the police and probation reports.

 

[ugh123]

I am the mother to the 19 year old charged. His dad (the one who took the gun) is my ex husband. Divorced for 14 years. He called me when our son was arrested and within a day or two told me, my husband, and my mother all of the details. The car is registered in my sons name and my son carries the loan. They called my ex at the time of arrest to come and get the car from the place of the search. I just figured that since they were shooting for the felony w/ intent, that everything in the car should be seized, however then they can choose what they charge him with. My ex tried to get us to not seek an attorney, when he found we were looking he told us that the prosecutor called him and said he would never lessen the charge. He keeps telling my son that the best thing to do is take the felony and try to move on after he takes the felony. after the arrest, my ex was trying to convince us that if he has to make one payment on my sons car (due to him being in jail), that he will own the car. This makes sense becasue he wants to own it so he can say that that is the reason for the gun in the car. Me and my husband both told my ex two months prior that selling the gun to our son was stupid. No reason for it, and hes on probation to boot. My ex told us it would be just fine. We have recently found that the new attorney is very well aquainted with my ex and right off the start he wanted to give us a deal by the prosecutor. It was no deal.... maybe more like a death sentence outside of jail. the attorney has yet to talk to my son about anything having to do with the pullover, search, or arrest. I feel like this small town is going to be impossible. WHere it is conduct from the county officers.... should I go to the Sherriff? I do know him pretty good. I really appreciate your feedback... right now any helps.

 

[ERAUPIKE]

I am the mother to the 19 year old charged. His dad (the one who took the gun) is my ex husband. Divorced for 14 years.

Okay, so you really don't know what exactly happened, just what you've heard.

He called me when our son was arrested and within a day or two told me, my husband, and my mother all of the details.

Since you are really only hearing the details from someone else, you may be missing something important.

The car is registered in my sons name and my son carries the loan.

Good, he will have trouble making those payments while he is in jail.

They called my ex at the time of arrest to come and get the car from the place of the search.

It is a courtesy, they could have impounded the vehicle and started adding financial worries to your sons problems too. They might have been able to seize the vehicle, but I'm not too familiar with the laws in your state.

I just figured that since they were shooting for the felony w/ intent, that everything in the car should be seized, however then they can choose what they charge him with.

Yes, sort of. Like previous people have stated, there is no requirement for police to charge an offender with every possible crime.

My ex tried to get us to not seek an attorney, when he found we were looking he told us that the prosecutor called him and said he would never lessen the charge.

You are under no obligation to acquire an attorney for your drug dealing adult son. I would not believe everything your ex tells you. You could always try to call the DA yourself, but he is under no obligation to answer any questions about your drug dealing adult son.

He keeps telling my son that the best thing to do is take the felony and try to move on after he takes the felony.

Your ex is not an attorney, if your son has an attorney he should provide any and all legal advice. If your son does not have an attorney, he needs to get one.

after the arrest, my ex was trying to convince us that if he has to make one payment on my sons car (due to him being in jail), that he will own the car.

Your ex is not an attorney, do not believe everything he tells you.

This makes sense becasue he wants to own it so he can say that that is the reason for the gun in the car.

I don't think that retroactive ownership is going to nullify the existence of a firearm in the vehicle. Doesn't your drug dealing adult son have some proof that he purchased the handgun from his father?

Me and my husband both told my ex two months prior that selling the gun to our son was stupid. No reason for it, and hes on probation to boot.

What is your son on probation for?

My ex told us it would be just fine.

Don't believe everything he tells you.

We have recently found that the new attorney is very well aquainted with my ex and right off the start he wanted to give us a deal by the prosecutor.

You got your son an attorney, ask him for legal advice regarding your drug dealing adult son. If you don't like his advice, get a new attorney for your drug dealing adult son. I am willing to bet his advice will be very similar to the first attorney.

It was no deal.... maybe more like a death sentence outside of jail.

Drug dealing is generally frowned upon. What do you think would be a fair punishment for your drug dealing adult son?

the attorney has yet to talk to my son about anything having to do with the pullover, search, or arrest.

Your drug dealing adult son has the right to retain new council if he doesn't feel his lawyer is zealously representing him.

I feel like this small town is going to be impossible. WHere it is conduct from the county officers.... should I go to the Sherriff? I do know him pretty good. I really appreciate your feedback... right now any helps.

You have the right to call the sheriff, but you may be biting off more than you can chew.

You will need to prove that the gun was sold to your drug dealing adult son. Your ex could easily say that your drug dealing adult son stole the gun from him. That would add a theft charge to his record, along with handgun possession. Your son is already in a world of trouble. He is facing new charges along with the violation of his probation. This could equal some serious jail time for your drug dealing adult son. You should be less worried about the conduct of the officers that showed professional discretion to your drug dealing adult son and more about the trouble he created for himself.

 

[OHRoadwarrior]

Heck this is clear to me. Mom could care less about her son. She wants her ex to get into trouble.

 

[CJane]

I don't think that's entirely true. I think Mom is interested in getting her son's charges dismissed, and if she can get her ex in trouble in the process, it's like a bonus.

Unfortunately, neither parent seems to want this young 'man' to have to face to consequences for his actions.

 

[ERAUPIKE]

I don't think that's entirely true. I think Mom is interested in getting her son's charges dismissed, and if she can get her ex in trouble in the process, it's like a bonus.

Unfortunately, neither parent seems to want this young 'man' to have to face to consequences for his actions.

The concentration seems to be more on what the ex did wrong and not on the drug dealing adult son.

 

[dave33]

The concentration seems to be more on what the ex did wrong and not on the drug dealing adult son.

Man oh man, you called him a"drug dealing adult son" several times. Enough already, you have no idea what was present or the situation.
Save some hate for tomorrow.

 

[justalayman]

I don't think that's entirely true. I think Mom is interested in getting her son's charges dismissed, and if she can get her ex in trouble in the process, it's like a bonus.

Unfortunately, neither parent seems to want this young 'man' to have to face to consequences for his actions.

seriously? It sounds more like she is upset the kid wasn't charged with the myriad charges possible that were not imposed.

So far she hasn't come up with anything to get the charges dismissed. He admitted to having drugs. That is carte blanche to search. The only possibility I see is the initial stop but I suspect it was legal given the facts given so far.

So, does she want to have her son charged with more crimes just so her ex gets in trouble or does she want to deal with what's on son's plate right now? What happened with the car, the gun, or the beer does not change the facts of the crime charged.

 

[justalayman]

Man oh man, you called him a"drug dealing adult son" several times. Enough already, you have no idea what was present or the situation.
Save some hate for tomorrow.

well, let's see:

They searched his car and charged him with Felony intent to deliver (packaged seperately), paraphernalia, and possession of alcohol under 21. During this search, a lot of odd things happened. This kid’s father was called to come and get the handgun (due to it getting him in trouble with his work), they never took the gun in for evidence and it’s not in any of the police reports. The car was searched by two different people and they overlooked a scale and another pipe in the console.

drugs packaged for sale and a scale. I don't think europike is very far off the mark.

 

[dave33]

well, let's see:



drugs packaged for sale and a scale. I don't think europike is very far off the mark.

Even if he's exactly on the mark, once is enough to get the point across.

Let's not forget, we could be talking about a couple small bags of marijuana. Which is now legal in a couple of states.

 

[Banned_Princess]

But not EVERY STATE, and it is STILL federally Illegal.

 

[ERAUPIKE]

well, let's see:



drugs packaged for sale and a scale. I don't think europike is very far off the mark.

And a pistol, while he was on probation. I doubt we were talking about anything other than what I described.

 

[cbg]

And the OP's state is not one of the few that have legalized marijuana for any purpose.

 

[Shannongiles16]

Generally, I dont think the feds touch anything smaller than a few pounds and wouldnt it be alleged adult drug dealing son. lol

Scale, packages, weapons and minor in possession of alchohol. Words like concurrent come to mind. Them not admitting the scale or gun are very good for your son(not sure the scale matters if they charged him with intent anyways). Id defintitely get a lawyer.

You son can miss 3 or 4 payments before the repo man comes. Ive never heard of someone taking immediate possession for making a single payment. Maybe as a punishment for a minor if the vehicle was cosigned or something. Some banks/credit unions will wave a payment or two.