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multiple search warrants - wrongfull arrest - cybercrime question ? I didnt do it ..

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changeinlife

Junior Member
hello everyone.

A quick run down with me , im in my 30's , own a home , live alone , NEVER BEEN IN TROUBLE in my life not even a misdemeanor . I am a web designer at night , and had a full time job for 14 year at the same place. I have permits to carry and firearms within my residence all 100 % legal .

Now the interesting event :

8 months ago give or take i was awoken at 3:30 in the morning to BANGING at my front door. It sounded as if someone was kicking it in. I was scared to death due to the city i live in. So I drew a firearm and went to see the what was going on and if someone was inside the house. As I got to the front door to peak out the glass i hear " SHERIFFS , Search warrant " I IMMEDIATELY put down the firearm and opened the door with hands up. As they asked if i always answer the door with a gun , i said its 3 in the morning and you never said who you where until
i was at the door , i was within my rights.

They then proceeded to ask multiple questions, after i kept asking over and over what is this all about. I was not rude , i was not yelling , I sat their calm ( im just a calm guy , note no priors for anything ) . The questions where very strange to me . Such as : do you chat online ? do you download ? do you download music ? do you file share? do you use limewire or frost wire p2p programs ?

ALL my answers where no , because its the truth. They kept on asking and rephrasing the questions and still they answers where no! they could not believe im not into music and dont download it. Honestly im not into music and IF i want to listen to music i turn on the radio .


I sat on the couch for 4 hours as they did whatever they had to do. I was then arrested for (cp) and distribution. I can honestly say I HAVE NOTHING TO HIDE , THEIR IS NO CP ON ANY OF MY ELECTRONICS ! i have never even seen it .

I had a 50,000 bail w/ no 10% . And arrested on ( PROBABLE CAUSE ) the search warrant was also PROBABLE CAUSE .

Once i got out of jail , i found out my neighbors house was also being raided at the same time . AFTER they already arrested me. His search warrant was identical to mine. Signed by the same judge , at the same day and same time . Correct me if im wrong , but a search warrant to enter a home is very strict , such as they need very strong evidence to to break ones civil rights ? and how can a judge sign 2 warrants at the same tie for strong probable cause , when ofcourse their is reasonable doubt since he is signing 2 ??

My warrant said between hours of 530 am and 7 pm , the hit me at 3:30 and didnt give me the warrant in hand untill 5:30 .

They took all my guns , I lost my job after 13 years , i now have to move due to my neighbors giving me a bad eyes , my reputation is ruined.

I have nothing to hide from the law , im a 100% law o biding citizen .

A topper , is when they came into my house , the crime was " being done , such as someone was downloading at the time " ( downloading 8 hours of videos ) , funny part is that I HAD NO INTERNET for 2 days and my isp can verify that , because i had called them for 2 days asking how to fix my internet problem.

The prosecutor has had the forensic reports back for a month now ans states " i have not had a chance to look at them yet, but they are sitting on my desk . " Its a new excuse every month for the past 8 months.

I just want everything over with and my good name back . Im still on bail , and want my 1,000's of dollars back of items they took from my house . Also my arrest can not be found in any news paper , or anywhere on the net . They have no questions for me or my lawyer and state " we have no questions , we dont even know what to ask" . Also I asked for a lawyer before they had a chance to ask me anything in interrogation ,.

I have a CLEAN SLATE , I think i just pissed them off with the gun thing , staying calm , and not answering any questions. and like i said , I AM NOT INTO ANY OF THIS SICK STUFF , I KNOW FOR A FACT THEY HAVE NO EVIDENCE BECAUSE THEIR IS NONE !

Note : i was arrested then they searched the other house , also these where search warrents not arrest warrants.

What is everyones outlook on this ? did they mess up or what ? where my civil rights violated ?

They also mentioned a name , this name was heard many of times. my neighbor used to cry to his parents and say i want to chat with " girl name " . I guessing my other neighbor is the one they are looking for. He is big into uploading , music , and making friend online. thats all he does. these cops cant be this stupid can they ?
 
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justalayman

Senior Member
Correct me if im wrong , but a search warrant to enter a home is very strict , such as they need very strong evidence to to break ones civil rights ? and how can a judge sign 2 warrants at the same tie for strong probable cause , when ofcourse their is reasonable doubt since he is signing 2 ??
there is nothing to preclude them from having PC to issue 2 warrants as they have. Since issuing and serving them individually could spook the other party that is also going to be served with a warrant, it is actually the intelligent thing to do.


They took all my guns , I lost my job after 13 years , i now have to move due to my neighbors giving me a bad eyes , my reputation is ruined.
sorry but somebody giving you "bad eyes" is not a valid justification to have to move.


A topper , is when they came into my house , the crime was " being done , such as someone was downloading at the time " ( downloading 8 hours of videos ) , funny part is that I HAD NO INTERNET for 2 days and my isp can verify that , because i had called them for 2 days asking how to fix my internet problem.
so, what has your lawyer done to prove to the DA that they have the wrong guy?

btw: just because you didn't have internet doesn't mean somebody close to you didn't have internet and if you have WIFI as well as they having an unsecured WIFI access point (or you having a password to be able to utilize their WIFI, you could have had internet access even if your service was not functioning at the time.


Also my arrest can not be found in any news paper , or anywhere on the net .
that's a good thing, wouldn't you agree?


What is everyones outlook on this ? did they mess up or what ? where my civil rights violated ?
if they have PC, no, they did not mess up nor did they violate your civil rights. Since neither you nor I know what they have for PC, it is impossible to determine what their basis for the warrant is. Has your attorney attempting to find out the PC for the warrant?





the biggest problem here is; what caused all of this? They don't just pull names out of a hat and issue warrants. The police must present, or at least swear to the existence of, the PC for a judge to issue a warrant.
 

changeinlife

Junior Member
hello ,

Their is no indictment , no discovery . Lawyer keeps calling for an updated and he gets the run around, as mentioned in the thread.

Yes i have wifi , but its password protected , and they didnt even take my router as evidence as the where supposed to .

You just said the same thing my lawyer said as far as what lead them to my house and the other house across the street. We need to know what brought me and him up , but the prosecutor will not talk.

This is the biggest issue , I have been away multiple times this and last year out of state on vacations , so we cant even get dates and times yet .

But what about my other neighbors that i mentioned at the bottom of the original thread ? maybe ongoing investigation ?
 

justalayman

Senior Member
Yes i have wifi , but its password protected , and they didnt even take my router as evidence as the where supposed to .
doesn't mean it wasn't hacked but I was actually speaking to the opposite since you claimed to not have service during at least one incident where they claim CP was downloaded. I was raising the possibility of you using some other user's service via their WIFI router (at least in supporting their claim that it was you that downloaded the CP)


You just said the same thing my lawyer said as far as what lead them to my house and the other house across the street. We need to know what brought me and him up , but the prosecutor will not talk.

This is the biggest issue , I have been away multiple times this and last year out of state on vacations , so we cant even get dates and times yet .
It is difficult to get info about an ongoing investigation until they do lay charges. Once that happens, your lawyer would be able to obtain all the info you seek. Until that time, they can argue a right of denial based on an ongoing investigation claim.

But what about my other neighbors that i mentioned at the bottom of the original thread ? maybe ongoing investigation ?
possible but you will not get any confirmation or denial of that.


this is a huge problem with our justice system. They can do what they did and possibly never file any charges. Sometimes there is nothing you can do short of waiting it out. Personally I would like to see things changed but my wishes and $5 will get you a small coffee at Starbucks.
 

changeinlife

Junior Member
you gotta love new jersey . i know every other state has a time line to throw it out . new jersey has as long as they want to drop charges
 

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