Search and Seizure Conditions?

What is the name of your state? nevada

got arrested couple weeks ago and i got a felony poss. of marijuana w/intent to sell charge and a misd. paraphanelia charge. i was arrested in my friends grandmothers house during a "search and seizure". i asked for a warrant several times, but
was told that the search and seizure didnt require a warrant to be served. my friend was running on a probation violation and they were there to arrest him and put him in jail 6 months on the prob. violation ( and they thought that in the process of it all they were
gonna get a big drug bust out of it too ). during all this i was told to put my hands against the wall so i could be searched and frisked. i challenged the request by asking how they could frisk me when they came there on terms to arrest my friend, not search everything and everyone for drugs and whatnot. they found a needle in my pocket when they patted me down and arrested me.
they later found a black backpack which had 3 bags of weed weighing 3.5g each (the bag was mine), and another needle inside. they asked me if it was mine and i said i didnt know if it was or wasnt. they asked my friend who's it was and also asked the grandma if she knew who the owner was. this went on for a bit and they kept telling me to cooperate and just answer there questions and when i still said i didnt know they told me if no one claimed the bag and its contents that the grandma would go to jail for it since she's the owner of the residence. now to the questions i have regarding all this. was the search and seizure legal without any written documents stating the legality? even if there wasnt a need for paperwork, could they perform a search like that at his grandma's house without requesting her consent? wouldnt my friend have to be a listed resident for them to barge in like that? lets say the police were in full right to get in the door the way they did, do they have the right to search drawers and backpacks and under engine hoods of cars after they found and arrested the person they came for? do they have the right to search anyone in the house at the time like they did to me? is there any loopholes in their procedure that might help my defense out in court?? i have no legal representation right now but ill be getting a public defender appointed when i go to court july 9th. any advice, input, anything at all please reply. (by the way, this is a first offense. if that makes any difference)(also...the police stated later in the arrest report that they were moving on informant information that said they could find my friend wherever his tan 2000 expedition could be found. that car was parked in the garage of the grandmas house and the garage door was down. theyre now lying and saying they saw me walk into the house through the garage and caught glimpse of the vehicle and that was reasonable cause to act in the manner they did. they also lied in the report and tried covering their asses by saying they did show a warrant before coming in...which is complete bull****)

~Oppressed 77

Since it seems you are a drug user, and possibly a dealer, you got what was coming to you!

Why don't you do the right thing, plead out the case and take drug counselling and therapy to get off drugs and out of the scene. If there are problems with the facts around search and seizure, the prosecutor will see this and make you a better offer to avoid trial than if they had a real solid case.

Your life will be a lot better than blaming everyone else for your addictions.

Drug dealer goes to prison five times more than drug offender.

OK, here's the deal, and I hope I'm remembering all of this correctly because I don't fel like going and digging out my case notebooks... If I'm not, I'm 99% sure that someone who's an attorney will correct me.

First of all, the police came to arrest your friend. To protect themselves, they had the right to check you for weapons. When they felt the needle, which was identifiable by touch, they considered you under arrest for possession of paraphenalia, which put you in a situation where you could be searched and asked to empty your pockets and all that searching you jazz. They also can search the immediate area (usually the room and any nearby rooms that are accessible) that the offender is in or has access to (you know, you and your friend both) to be sure that if he broke away from them that one of couldn't dive for a drawer nearby and grab a weapon to use on them. If they found drugs while searching the immediate area, it's evidence too. The rest, since I wasn't there, and you're a drug dealer and not exactly credible, I'm not commenting on, because I don't know for sure what their logic was.

As for charging the grandmother, yup, they can do that. After all, if it didn't belong to one of you, it must've been hers, since it was in her home. These poor misguided senior citizens...

Now, as for helping you try and find loopholes? No.

why would you have a needle in your pocket and another in your bag ? and you admit there was pot and you guy's had all this in your freinds grandmothers house. boy you have no respect for the law or anyone else do you.

[stephenk]

I cant believe you are using the username of Oppressed. That's an insult to people who are actually being oppressed.

When a probation search is being conducted, everyone within the residence is subject to search. Thats what you get for hanging around ex-cons.

I'll lay odds that your PD will tell you take the 2 years they will offer you at minimum. Or, be ready to give up your dealer and be labeled a snitch on the streets.


life is tough

Don't you hate when people have to respond like that, when you just ask a few questions. If they don't agree with your way of life than they should'nt reply to your post. Anyway I'm curious as to the status of your case right now? Did you go to the hearing in July as you stated? I have a somewhat similar story/case as far as "probational/ third party" searches go. I'm curious how your turns out. Please get back to me

[Rochelle]

Mfeelings,

You think what they get on here is tough? Wait until the judge gets through with them. Sorry if we don't "make nice" with druggies. Maybe you should take your "feelings" and go somewhere else.

Rochelle - I have been in front of judges and in my experiences they show much more respect and forgiveness than the average poster who says, "your going to jail for life and getting raped by bubba." I have had drug charges dropped or have been given an alternate sentance with no blemishes on my record - 3 times so far. The court system did do its job though - i will never smoke pot outside of my house again. Here is the moral, respect the judge and the arresting officer and usually they let you off easier.

anyway, imagine apearing before this judge...

District Justice IAAL

[I AM ALWAYS LIABLE]

Originally posted by makisupaPOman

"anyway, imagine apearing before this judge...

District Justice IAAL"


======================================


My response:

Sounds good to me. Judge Roy Bean, the "hangin' judge," would be proud of me while on the bench.

Believe me, while they may "act nicey" while you're in front of them, and not "voice it", judges do "think" about how "this guy is going to be meeting, and living with, "Bubba" real soon."

We don't coddle druggies, or dealers on these boards - - and the vast majority of the "help" come from other uneducated criminals. Let the "blind lead the blind." Let the "animals" assist each other. Who cares? We don't like helping criminals, and our feeling is that they should have thought about the consequences before they violated the law.

I have no sympathies for criminals, nor do most of the contributors on these forums, and most of all, neither do most judges. Thankfully.

If a criminal comes here, and gets an "earful," that's nothing when compared to the Justice System. That's when they hear it in the flesh.

If criminals never came here again, it wouldn't be soon enough for me.

IAAL

Rochelle,

Druggie? It appears to me that your the one who's responding to these posts at 5:00 a.m.. Possibly you yourself might need Some treatment. Ha Ha
Mfeelngs

[I AM ALWAYS LIABLE]

Originally posted by Mfeelngs
Rochelle,

Druggie? It appears to me that your the one who's responding to these posts at 5:00 a.m.. Possibly you yourself might need Some treatment. Ha Ha
Mfeelngs

My response:

A typical criminal response.

IAAL

I, myself have never been in trouble with the law.
Have I used drugs? sure when I was younger.
That does'nt make me a criminal.
neither does backing someone up when they post a question only to get a rude smart_ _ _! reply from someone.
Have agood day.



By the way,"Oppressed" are you getting any of this? HaHa

[I AM ALWAYS LIABLE]

My response:

Okay, then I'll rephrase - -

A typical, LIBERAL, criminal response.

IAAL

Thats better thanks