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is it legal and will it stand up??

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leisa

Guest
Is it Legal and will it stand up??

from an eailer version . I was recently visited by the dectives . they came to my door (i live in an apt. with my 3 kids.) the dectives wanted to know about a person that lived in my apt pre to me signing my lease i told them i knew nothing of this person and they kept insisting that i let them into my apt. so i could prove to them that this person did not live there, i told them if they wanted proof all they had to do was go to the rental office . I have been here for almost 2 yrs. now ended the conf. and went back into my apt. 2 hours later a gentelman in the next neighborhood gets busted for growing pot plants, they take 3 plants out of his back yard and arrest him and take him to jail. 2 hours after that the same dect. knock on my door again but this time they want my brother, which does not live with me, he stays with me occ. he is severly depressed has tried to hurt himself so we try to keep a close eye on him and make sure he takes his meds. like he is suppose to. like i said i have 3 kids. the dect. tried to get me to let them in my apt. to search his stuff. this would explain why we have the safe. that where we keep the meds.it is just to dangerous to have them out. also kept in the safe his tooth paste hairbrush stuff to that nature ss papers etc.
the dect. tried to tell me over and over that i knew what was going on they wanted me to tell them where he was at i didnt know and they continued to call me a liar. so i kinda got mad told them i didnt have anything to say to them and i went into my apt.
they returned in an hour and told me if i didnt let them into my apt to search fo pot that they were going to come back with a search warrant and kick my door in and arrest me for what they find and take my children.by then after going around and around with them i finally told them you are not entering my apt go get your search warrent and so be it. i went back in my apt and locked the door. i made two call one was to my mother to get the kids the second was to my brother to find out what was going on my brother could not be reached but the dect. reached him because they had number so they asked him to meet them at the apt. i went to my dads with the kids where my mother came to pick them up at that time the dect. and my brother pulled up at the same time my brother was in there car they had tracked me down to get my key to the apt. they (dec.& my brother ) told me they just wanted to talk to him in private. so i assummed everything was allright. they had left before me then i left to go to the apt. there i found my brother nad the dect. in my apt. they was having him sign a piece of paper for him to give consent to search the safe. he did this because they told him they was getting a warrant and i would go to jail and the kids would be gone so he(brother)signed the paper so he tells them that he has pot up there in the safe . they go up he says he willingly gives it to them and then they want to take him for a ride i am pissed off as hell so i assume they are arresting him and taking him to jail 1 hour later he back and i ask him what happened he said that someone ratted on him for that only person that know about it was the person that got busted for growing so that connection was made now they want my brother to rat on someone he said no they never wrote him a ticket for what he had, now today hey show back up and whant toknow if he has changed his mind he says no i havent now they are saying that they they carried over400 g. out of the apt. i know that onw sandwich baggie is not 400g. of pot . what can we do if anything
was he allowed to give consent for my apt.? what else should i expect from them??
 

I AM ALWAYS LIABLE

Senior Member
My response:

I already answered you once. I'll say it again - - you should be in prison, along with your brother - - the druggie. You knew he had drugs in the house, along with your children. You deserve to have your children taken from you and, I predict they one day will be.

You don't deserve anything from these forums. We don't help skanks.

Learn to spell, will you?

IAAL
 
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leisa

Guest
as a response to u I am NOT a druggie or skank i have never been arrested and if it came right down to proving that i would and could prove that i am NOT a drug user.
 

I AM ALWAYS LIABLE

Senior Member
leisa said:
as a response to u I am NOT a druggie or skank i have never been arrested and if it came right down to proving that i would and could prove that i am NOT a drug user.

My response:

I didn't say you were a drug "user". I said you are a "skank", because ONLY a skank is STUPID enough to allow druggies and their drugs in the same house as their children.

Doing that places children in danger, and at risk. They also become scared when the police have to go through your house looking for drugs.

It also places your children in danger of being taken away from you by Children's Protective Services.

What the hell is the matter with you? Are you a high school dropout, without any "common sense"?

Yes, my dear, you are the Skank "Poster Girl".

IAAL
 
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leisa

Guest
IT IS QUITE OBIVIOUS THAT U DO NOT HAVE A LIFE U R PROBABLY SOME LITTLE WEINER SITTING IN A LITTLE ROOM WITH NOTHING BETTER TO DO THAN "GET OFF" ON OTHER PEOPLES MISHALFS.
 

I AM ALWAYS LIABLE

Senior Member
leisa said:
IT IS QUITE OBIVIOUS THAT U DO NOT HAVE A LIFE U R PROBABLY SOME LITTLE WEINER SITTING IN A LITTLE ROOM WITH NOTHING BETTER TO DO THAN "GET OFF" ON OTHER PEOPLES MISHALFS.

My response:

Gee, Leisa, was that the "best" you could do? You wrote that only because you're feeling very guilty about what I said, and what I said was correct. You know it.

You allowed your children to be around drugs, and you allowed your children to be frightened because the police had to search your home.

You see, YOU did that. No one but YOU.

IAAL
 
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leisa

Guest
yea that
is the best i could do because u see i did not now they were there. he did not tell anyone it was there. and as for my kids sorry they wasnt involved in any of it. And u call yourself a professional. Where is the advice and the info. that it was even done legally? There is a thing call being in the right place ant the wrong time. They way that i look at it is - if they had so much to go on w/ all there proof why did they waste 5 hrs. arguing with me about entering MY apt. then why didnt they just have a "ligimiate" warrrant to search. all and we cant overlook 400g. to me if it was all that then why is anyone in custody? Go figure...
so if u dont have sometime that is real for me -other than your non-proffessionial attitude which obvisiouly thats all u have i would appriciate if u kept them to yourself. I came to this site because i though it would help he get some insight on what was legal. Not to be abused by some person who obiviously has some inner issues .
 

I AM ALWAYS LIABLE

Senior Member
My response:

You see Leisa, you are dumb. Very dumb.

All you can think about is your "rights" and your druggie brother's "rights". I'm not concerned about that at all.

What I'm concerned about is that you knew your brother was a druggie, yet you knowingly placed your own children in danger and at risk. It's your children's safety YOU should be concerned about, and their "residence" after you're ass is thrown in jail.

Ever hear of Foster homes? That's what you're going to do to your children, and when it happens, don't go crying to anyone, and don't make any excuses for yourself, because it will all be your fault.

That's my professional opinion.

IAAL
 

calatty

Senior Member
Somewhat interesting Fourth Amendment question. Though the safe was in your house, from what you say your brother had access to and control over its contents, so his consent to a police search of the safe would probably be considered valid. If he lived at your house, he had authority to consent to the police entering the house. If he did not, and the police walked in without permission or a warrant to enter your house, then they may have violated your rights, but not his so he would have no standing to litigate the validity of the entry. If you consented to the police entry after your brother consented to the search of the safe, or the police say you did, then there is no issue either. What to expect? That they'll come back with a warrant to search your entire house.
 

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