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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-04-2008, 01:24 PM
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My father was illeagally arrested and the house was searcherd without his consent


What is the name of your state? Missouri

On the morning of March 18th 2007, my house was illeagally searched. The police had been called as a result of a domestic disturbance. When the officers arrived, they arrived in excessive force.

My family consists of my Father; Dwayne, my brother; Robert, and myself; Bradley Kirk.

We were all outside. The officers had been called by my brother because we had entered into a swearing match and the officers were called as a result. They arrived in excessive force and proceeded to handcuff my entire family. My father Dwayne who had no reason to be arrested was placed in handcuffs as well.

When the officers did this, he asked them, "Why am I being taken to jail?" The officer refused to answer his question and asked him if he could search his house. He was in a state of duress, so even had he consented, the consent would have been invalid.

But he told them no. They then took my Father and my brother to jail, and asked me if they could search my house. I told them No. But, Ryan Slater a rookie entered my house anyway.

We were arrested and taken to jail at 10:30. The search warrant was sent in it's entirety at 10:31, a mere minute after we had been taken to jail. I assume that they started preparing the warrant as soon as they left dispatch.

They recieved the warrant at 4:36 P.M, and was gneral, meaning it did not state items to be seized, and they left the premises.

They then recieved another at 7:32 P.M. at night time, but the warrant did not state that it was to be served at night. Ryan Slater gave us a copy of this warrant at 7:46 PM, after looking at his watch and signing the date. The warrant was presented in its entirety at 7:46, but when you go in three pages, the time out on the property reciept says 8:45 PM, 59 mins after the fact. So they are obviously lying and making times up.

When my father went to court, Ryan Slater claims that Dwayne gave consent, when he did not. He also lied to the judge and said that the incident took place at 2 PM. He also said this to Karen Woodley multiple times, unfortunately this was at his preliminary hearing, so as such was not recorded.

Two hours later at my brother's hearing, he said the right time of 10. He is obviously a liar, and I need the testimony of the judge and prosecuting attorney to prove this.

This is a clear example of selective enforcement and vindictive prosecution. Karen woodley even was the person making the application for the warrant.

Ryan slater also lied in court and pretended you had to wear gloves and a face mask to be around pot. This case is a joke at best, but I'm not laughing. Is it possible that Karen will lose her governmental immunity as a result of these actions? Because when I win, I need to sue them, for sure.

I know ther is no good faith exception, because ryan slater illeagally obtained the evidence to be granted the search warrant, in fact the time between the call and the warrant being sent to be signed is so sparse, It would not be unreasonable to assume the warrant was being created before they arrived at the scene.

There is no inevitable discovery, because had slater not illeagally arrested my father, then he would not have had occasion to gater evidence illeagally to have the warrant.

The situation is not attenuated, because the warrant was faxed 1 minute after the last person was taken to jail.

Is it possible to get a change of venue, if you require the testimony of the judge and prosecuting attorney?

Please help, I don't want to go to jail because of their deplorable actions.What is the name of your state?
  #2  
Old 04-04-2008, 01:28 PM
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What did they find in the search? (Maybe a better question would be: Did they find anything during the search?)
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  #3  
Old 04-04-2008, 01:39 PM
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They found some Weed, but there was only like 56 gm., maybe in the house. They claim some insane number like 1,060 gm. or something to that effect. I really need a change of venue, because this county is corrupt. The judge mouthes off to people all the time. He has called us the "Kirk crime gang", the "dillinger gang"(which speaks to his level of ignorance, becaus John Dillenger was a loner), and has claimed we were going to jail for life for manufacture of meth, to my brother. They only found pot, because i don't use meth or any of that other crap. I smoke pot, yes. But I am also a hedonistic utilitarian, so it is well within MY moral code.

They also claim I was cultivating mushrooms, but the lab results came back negative. I could have told them that, and lord do I pitty the fool who had the severe displeasure of opening the lid of the plastic tote. I had left it in my house to use as compost on my garden, lol. It caught stratwhatever mold, the common green type.

Last edited by LionFox; 04-04-2008 at 01:49 PM. Reason: mistake
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