Ok, on Monday, Jan. 16th of 2006, two undercover detectives came to my girlfriends home(i am currently living with her). When i answered the door, they asked if she(girlfriend) was here. I told them to hold on, she was in the bed. I had no idea they were officers. I thought maybe they were a couple of her friends, due to the fact they had plain clothes on. I got her up, and she looked out the window, and told me she didnt know them. As i went back to the door to tell them to leave, the one undercover pulled his badge from underneath his shirt. After showing the badge, he asked me if he could enter the home. I asked why, and he stated that he "only wanted to talk to her". I told him, NO, that it wasnt MY house per-say, and that he would have to wait for her to allow them to enter. She came out and approached them at the door, i didnt actually hear her say they could enter, because i was sitting at the computer, which about 15 feet away, behind a walkway, turning the music off. So, the next thing i know i see them enter around the corner. They then told her they only wanted to talk to her. They did not read her any maranda rights. They began by asking her about certain individuals who she might know who sell drugs(possibly to get her to wear a wire). She told them no, that she didnt. After more questions on the same subject, she began getting frustrated, and got rude. The one undercover cop said "i dont have to listen to your mouth", yanked her up, put her in handcuffs. He then proceeded by telling her to sit down, but before she could, he grabbed her by the arms, aggresively, and while grabbing her, took the cushions off the coutch(probably to check for a weapon), and then pretty much slammed her onto the couch. Then, after getting REAL irate with her(and pissing me off on the sidelines), He then started writing a citation.
He wrote(from my memory): In the Month of December, 2005, an agent working with Owensboro Street Crimes Unit, purchased marijuana and xanaxs from Amy Doe @ 123 Anywhere Street, Owensboro, KY 42xxx. All purchases were controlled buys within the home of said subject. Detective also said the subjects kids were present in the room while they buys were being executed.
Keep in mind, the kids are in thier room at the time of arrest. The undercover then rpoceeded to call Children & Family Services. 30 minutes later they show up, take the kids, take my girlfriend to jail.
What justification do the police have for taking my gilfriend to jail, if the "so-called" buys were not made at the time of arrest? How can they arrest her, on the fact they came just to "ask her some questions", and not reading her her maranda rights? I was witness to the whole account, other than her actually allowing them into the home.
*Also* While all this is going on, after he slammed her onto the couch, the other detective, which didnt say anything the whole time, picks up my ashtray, and starts sifting through it. My girlfriend said, "you dont have any right searching my trhough my stuff". The detective said "well, its in plain-sight, i can search it, and you better hope i dont find a seed, stem, or roach in this ashtray". So, after sifting he DOES find a roach, but its a cigarette roach(cheaper sometimes to roll em
). He then said "whats this?" I said well, i roll cigarettes all the time, but he didnt ask, nor did i produce anything that suggested that i do roll cigarettes. He simply ignored it and dropped it back into the ashtray. Now, i thought that plain-sight ment that if you actually SEE something that suggests probable cause. Not Just simply because there is a ashtray in plain-sight, that you cant just start sifting through it, HOPING to find some kind of incriminating evidence. Am i right? All while not having any kind of search warrent or warrent for arrest either?
She did 7 days and they released her on her on O.R., which is based on a point system here. This system determines if you are released from jail, or to remain in jail until bail is satisfied, or if not bailed, until a court hearing. The higher the points you have, the more likely you are to be released on your O.R.(own recognizance). I think the max you can get is 16. She got a score of 14+. No flight-risk, hasent commited any offences in years, and only a petty possesion of marijuana charge, back in the 80's. And it was a roach
It sounds to me like a bogus, he-say-she-say kinda deal. But i would like to know if anyone has been in this kind of situation, or if you have any insight or information as to what can or should be done about the fact that:
A.)They stated they wanted to ask questions, asked her questions, but didnt read her her maranda rights.
B.)They arrested her, not on the basis of a drug deal being made at the home at the time of arrest, but from over one month earlier(which is still to be proven, cause i know she smokes, but i also know she doesnt traffic it -sells nor gives away.
Charges were:
Two counts of trafficing a controlled substance within 1000 tards of a school, as staed on the citation wrote during her arrest.
If you read it all i thank your for taking the time to get involed and help me out. Much appreciated.
He wrote(from my memory): In the Month of December, 2005, an agent working with Owensboro Street Crimes Unit, purchased marijuana and xanaxs from Amy Doe @ 123 Anywhere Street, Owensboro, KY 42xxx. All purchases were controlled buys within the home of said subject. Detective also said the subjects kids were present in the room while they buys were being executed.
Keep in mind, the kids are in thier room at the time of arrest. The undercover then rpoceeded to call Children & Family Services. 30 minutes later they show up, take the kids, take my girlfriend to jail.
What justification do the police have for taking my gilfriend to jail, if the "so-called" buys were not made at the time of arrest? How can they arrest her, on the fact they came just to "ask her some questions", and not reading her her maranda rights? I was witness to the whole account, other than her actually allowing them into the home.
*Also* While all this is going on, after he slammed her onto the couch, the other detective, which didnt say anything the whole time, picks up my ashtray, and starts sifting through it. My girlfriend said, "you dont have any right searching my trhough my stuff". The detective said "well, its in plain-sight, i can search it, and you better hope i dont find a seed, stem, or roach in this ashtray". So, after sifting he DOES find a roach, but its a cigarette roach(cheaper sometimes to roll em
). He then said "whats this?" I said well, i roll cigarettes all the time, but he didnt ask, nor did i produce anything that suggested that i do roll cigarettes. He simply ignored it and dropped it back into the ashtray. Now, i thought that plain-sight ment that if you actually SEE something that suggests probable cause. Not Just simply because there is a ashtray in plain-sight, that you cant just start sifting through it, HOPING to find some kind of incriminating evidence. Am i right? All while not having any kind of search warrent or warrent for arrest either? She did 7 days and they released her on her on O.R., which is based on a point system here. This system determines if you are released from jail, or to remain in jail until bail is satisfied, or if not bailed, until a court hearing. The higher the points you have, the more likely you are to be released on your O.R.(own recognizance). I think the max you can get is 16. She got a score of 14+. No flight-risk, hasent commited any offences in years, and only a petty possesion of marijuana charge, back in the 80's. And it was a roach
It sounds to me like a bogus, he-say-she-say kinda deal. But i would like to know if anyone has been in this kind of situation, or if you have any insight or information as to what can or should be done about the fact that:
A.)They stated they wanted to ask questions, asked her questions, but didnt read her her maranda rights.
B.)They arrested her, not on the basis of a drug deal being made at the home at the time of arrest, but from over one month earlier(which is still to be proven, cause i know she smokes, but i also know she doesnt traffic it -sells nor gives away.
Charges were:
Two counts of trafficing a controlled substance within 1000 tards of a school, as staed on the citation wrote during her arrest.
If you read it all i thank your for taking the time to get involed and help me out. Much appreciated.
