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House entered by police officers because of plastic insulation on windows. PT 2

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Bicyclist

Junior Member
Still Iowa.
Well for some reason my first thread has been closed, maybe I missed that reasoning or maybe I just cannot figure out the reply system. Back onto the subject though I read through the police report of what happened and from what it said the police were notified of the black plastic windows covered house from a neighbor nearby who was worried for the welfare of the tenants. Hmm not sure how that one works out, cannot even began to guess where that could come from, and I am trying to think of some way that does not sound absurd, but oh well onto the next part. This report also stated how I gave the police officers consent, oh yes you read right, me while standing there opening the door only clothed in my boxers, yes maybe i should have put on clothes,but give me a break i just woke up and wondered who was loudly pounding on my front door. So as I open the door they rush into my house and push me into a sitting position on my couch where they tell me to not move. This was quite startling as you can imagine, then they yell at me to tell them who else was in the house, which i quickly give them the answers too. This is at the point where they see my paraphernalia sitting under my table, from there they determine they can ransack my house and search through everything finding other paraphernalia and less than a gram of marijuana. Which they proceed to charge me with, yes surprisingly maybe to some of you whose comments I have read...no meth, nothing of the sort, you think I am that mentally handicapped to mess my life up like that, but then again you do not know me so I cant blame you. One key fact though is that they kept asking if my friends dad lived there and/or has had been there recently. The thing about that is he had lived in this house about almost two years ago I would have to say. Now my friends dad did have some felonies on his record, so what I think happened, now bear with me... By the way no I did not give consent, if you hadn't gleamed that information. Anyways I believe they thought my friend's dad lived at the residence still, the rental home, should have mentioned that earlier, and thought there was a meth lab. When they realized their lack of insight they grabbed for what they could. Anymore input would be nice, nothing really helpful so far, but I have high hopes.
 


quincy

Senior Member
Still Iowa.
... I read through the police report of what happened and from what it said the police were notified of the black plastic windows covered house from a neighbor nearby who was worried for the welfare of the tenants. ... This report also stated how I gave the police officers consent ... So as I open the door they rush into my house and push me into a sitting position on my couch where they tell me to not move. ... This is at the point where they see my paraphernalia sitting under my table, from there they determine they can ransack my house and search through everything finding other paraphernalia and less than a gram of marijuana. Which they proceed to charge me with ... they kept asking if my friends dad lived there and/or has had been there recently ... my friends dad did have some felonies on his record ... I believe they thought my friend's dad lived at the residence still, the rental home ... Anymore input would be nice, nothing really helpful so far, but I have high hopes.
Okay. Well this additional information helps explain the situation better - and it also tells me that you need now to consult with an attorney in your area.

There is less chance, perhaps, of the possession charges against you being dismissed based on the search alone - because this was not just a matter of covered windows (which, as was pointed out in your other thread, would be unlikely on its own to support probable cause). Your consent (or lack thereof) to the search can get tricky because the officer said you consented.

At any rate, the attorney you see can go over the events of the day in question, and all of the facts that led to the search (including the history of the house's tenants) and the facts that led to the charge against you, to better determine where you stand legally.

Good luck.

Here is a link to Bicyclist's other thread: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/house-entered-police-officers-because-plastic-insulation-windows-610404.html
 
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single317dad

Senior Member
When facing criminal charges and the loss of one's freedom, one should immediately contact a qualified attorney. You should not discuss this matter with anyone but that attorney. You probably should have called one as soon as the police entered your house without consent, before making any statements that could be twisted into consent.
 
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TigerD

Senior Member
You need to speak with a criminal defense attorney.
And you need to stop posting the details online. Don't talk to anybody except your attorney.

DC
 

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