probable cause or not?

[bigdeala102]

What is the name of your state? oklahoma

ok. about 6 weeks ago i had a nosy neighbor or someone go down to the police station and tell them i had a lot of traffic and none of them stayed long and they thought i was selling drugs..a few days later the police done a trash pull, in the trash they uncovered 3 bags with the corners cut off of them and the police observed alot of traffic at my house, in which are all my vehicles, and maybe one guy that i work with...im trying to figure out if this is probable cause to search my house? Also, it took them 7 days to act on the warrant they got. how long do they have to act on a warrant b4 it goes stale or whatever..
and another thing, i wouldnt be so worried about it if i wasnt in drug court, i signed a 30 year contract if i screw up im gone, so im a little worried, and good infomation will be appreciated..thanks in advance..below is what theyre using

A.) An un-named informant instructed cops that a neighbor had excessive
traffic, and where


B.) A trash pull was conducted from the suspect's residence where an
un-named number of "empty corner baggies and one heat sealed empty baggie,
and


C.) The affidavit further states that the suspect had prior charges of drug
possession/distribution


and where the affidavit fails to show that LE failed to conduct any type of
investigation to verify any excessive traffic,


can it be stated that the affidavit relied upon more than mere suspicion of
the affiant in establishing probable cause?

[CdwJava]

Originally Posted by bigdeala102

im trying to figure out if this is probable cause to search my house?

If they got a search warrant, apparently it WAS.

Also, it took them 7 days to act on the warrant they got. how long do they have to act on a warrant b4 it goes stale or whatever..

They probably have plenty of time. In my state they have 10 days.

and another thing, i wouldnt be so worried about it if i wasnt in drug court, i signed a 30 year contract if i screw up im gone, so im a little worried, and good infomation will be appreciated..thanks in advance..below is what theyre using

Duh! You're on drug court and you're kicking it with dope again!?!

and where the affidavit fails to show that LE failed to conduct any type of
investigation to verify any excessive traffic,

All of the things you stated when taken alone don't indicate anything. When taken together they go a long way to show good cause. With drugs time can be of the essence. An extensive surveillance operation can be time-consuming and expensive, and might blow the investigation. The warrant is often the best way to do things.

can it be stated that the affidavit relied upon more than mere suspicion of
the affiant in establishing probable cause?

Your attorney can challenge the validity of the warrant if he wishes, but the chances of it getting tossed due to a lack of sufficient cause is somewhere between slim and none.

- carl

[bigdeala102]

Originally Posted by bigdeala102

What is the name of your state? oklahoma

ok. about 6 weeks ago i had a nosy neighbor or someone go down to the police station and tell them i had a lot of traffic and none of them stayed long and they thought i was selling drugs..a few days later the police done a trash pull, in the trash they uncovered 3 bags with the corners cut off of them and the police observed alot of traffic at my house, in which are all my vehicles, and maybe one guy that i work with...im trying to figure out if this is probable cause to search my house? Also, it took them 7 days to act on the warrant they got. how long do they have to act on a warrant b4 it goes stale or whatever..
and another thing, i wouldnt be so worried about it if i wasnt in drug court, i signed a 30 year contract if i screw up im gone, so im a little worried, and good infomation will be appreciated..thanks in advance..below is what theyre using

A.) An un-named informant instructed cops that a neighbor had excessive
traffic, and where


B.) A trash pull was conducted from the suspect's residence where an
un-named number of "empty corner baggies and one heat sealed empty baggie,
and


C.) The affidavit further states that the suspect had prior charges of drug
possession/distribution


and where the affidavit fails to show that LE failed to conduct any type of
investigation to verify any excessive traffic,


can it be stated that the affidavit relied upon more than mere suspicion of
the affiant in establishing probable cause?

well, no, im not messing with dope, the dope was in a safe that was not visible if you was to just look, they scraped around to find it and it was a unweighable amount, only enough to test...the traffic in question is all of my cars, other than what the nosy neighbor is talking about...the only traffic i have is people i work wuith, since im the only one with a liscence

[gawm]

Originally Posted by bigdeala102

well, no, im not messing with dope, the dope was in a safe that was not visible if you was to just look, they scraped around to find it and it was a unweighable amount, only enough to test...

How is that not messing with dope? At one time there was a weighable amount but you either sold it or used it. You need to give that crap up completely. It is not worth prison!

[garrula lingua]

Your atty can spend your time & money trying to quash the warrant, but there's certainly enough there for a probation violation.
I'd be sweating your open case. You probably have a condition to stay away from drug users and from felons, and I'm sure it can be proven that term was violated.
Do you get second chances in the diversion program ?

[bigdeala102]

well, yea if drug court wouldve found it i maybe would have got a second chance, but the detectives found it...soooo, now im in the process of trying to prove it was from my past..at no time would i ever have dope in my house while in drug court, that would be crazy..i havent been in that safe that many times wghile in drug court , no need really, its not theft proof and would never keep valuables in it, at one time i kept drugs in it to keep kids out of it...the few times i have been in it i never seen no residue in it, didnt look that closely, but never the less it was there...it took the cops several hours to dig that up..my past history haunts me daily, and now it has bit me in the ass.. if i can get the case dismissed i can get back into drug court, if not my ass is grass