search without warrant/permission

[krc673]

What is the name of your state? I live in SD. A couple of nites ago, the deputy came onto my property with lights out on his car and proceeded to prowl about the area where my son and some of his friends live in a camper. Someone came out, told him he could not come in. He said he had gotten a complaint about noise, and that gives him the right. When the door was open he saw liquor, and proceeded to search entire camper. Arrest followed with numerous charges. Judge declined search warrant, he did it anyway. 3-4 hours later said he found meth in his car and charged my son, who swears to God it wasn't his. I believe him. This cop has had it in for my kids for years. Was all this legal and will charges hold?

 

[hmmbrdzz]

You need to hire an attorney to find out if all this was legal or if the charges will hold and to see who the judge will believe -- the cops or your son and his attorney.


hmmbrdzz

 

[krc673]

Thanks for your response. There is alot more to this story, but space prevented me from putting in all in. How about this, the cop told me that if everyone ua'd that no one would be charged for the meth at that time. Charged my son anyway. Said it was where he was sitting in cop car--3 people were in there, him in the middle. Cop said he found it in car about 2-3 hours after arrest when he checked his car. He also pulled other people's juvi records and showed them to parents of minors that were also taken in and told these parents they were suspect of one kid running drugs. ( some of these kids weren't even involved in this incident) This certainly is not proper, is it? They pulled my sons record also and showed it to them. This cop has a history in this small town of what is deemed unlawfal/unappropriate behavior. Can anything be done about him? I hear he is leaving town soon. He and other officiers are currently involved in a tort action relating to a search warrant. I am certainly not the only one around here fed up with this crap. There is also suspicion that he planted evidence in another recent bust here.

 

[JETX]

I would love to hear the 'other' side to this one.

For example:
1) "the deputy came onto my property with lights out on his car".
*** Gee, why do you think he would do that?? Do you think he might have been checking out 'suspicious activity' at a known drug or 'party' spot??
2) "Someone came out, told him he could not come in."
*** Based on your post, at this time, he wasn't 'in' (you said that "Someone came out"). And, gee, was this someone known to be a responsible person, or somone who is known to have 'problems'? And, couldn't this person have been in possible violation of the law (under influence, etc.)?
3) "He said he had gotten a complaint about noise, and that gives him the right. "
*** If in fact the PD did receive a complaint (easy to check), then he would have the right and OBLIGATION to check out the report.
4) "When the door was open he saw liquor, and proceeded to search entire camper."
*** And here is your REAL problem. When he saw the liquor in plain sight (and assuming these were juveniles), thereby a crime, he is OBLIGATED to investigate. And this includes a reasonable 'plain-view' search.

So, lets get to the real issue...
How old IS your son and his friends who live in this camper?? And if they were underage with alchohol, shouldn't you be taking care of THAT problem??

 

[HomeGuru]

Writer: what is the past police record of your son?

 

[krc673]

If you would like an example of how law enforcemet acts around here, read
South Dakota Supreme Court
DUANE SWEDLUND and RUTH SWEDLUND v. GREG FOSTER, individually and in his official capacity as Custer County Sheriff; ROY SCHERER, individually;et al 2003 SD 8
Opinion Filed On Wednesday, January 15, 2003

Maybe this will give you an indication of how professional these guys are. In response to the past record of my son, he has a minors consumption and paraphanalia charge. I am not advocating he is perfect, but in my opinion, a meth charge is a whole new ball game, and if it were true, then he would have to deal with the consequences. But this in not the case. There was a substaintial time lapse before he said he found the drugs in his car. He was suppose to be fueling for transport when he came back with that. He had tried to get a search warrant from the judge and was denied that nite and he proceeded on, seaching the camper alone. He said he wanted the liquor, and he didn't even take it. He left it in there. Seems odd to me. Someone came out, and he came from around the back of the camper and asked if he could enter. He was told no. He asked for signed consent to search, he was told no. Is this appropriate procedure on a noise complaint? I'm not sure even that is true. I am located as close as anyone else, and heard nothing.

 

[JETX]

Your inclusion of an individual court ruling presumably NOT involving the officer(s) involved in your case is really irrelevant. I can offer hundreds (thousands, actually) of court rulings where the suspect was convicted.... and appeal denied. So, as long as the parties aren't the same, or the issues aren't exactly the same, you really can't use a case to determine YOUR response. You must consider the full facts.... as I am sure a court will.

After all, that is what the courts and defense attorneys are for.
https://attorneypages.com/public/countycity.php?SID=45&TID=524&LID=state

 

[hmmbrdzz]

Number one suspicion in your story is the second sentence of your first post: "Someone came out, told him he could not come in". No one is going to believe this is a case of your son's innocence and wide spread corruption. If you believe your son's claims that the meth wasn't his, whose meth are you contending it was? Your son's priors, the complaint call, his refusal to cooperate with the police when they showed up, the officer's view of the liquor -- all of that was impetus to what eventually went down that night. The officer turned the power switch "on" to his Hoover.


hmmbrdzz

 

[krc673]

Officier did request to enter. Some of the officiers in this case are the same ones I'm referring to. I didn't mean to imply that the facts are the same, only showing an example of their conduct. What they did previously is fact, they are asking for immunity. What about showing the juvinele records to strangers? Isn't that improper? He also said that if I were to shown up, he would have arrested me also. I wonder what for?? What about the fact that the judge denied search warrant? Should he continue? Other officier told him not to.

 

[JETX]

The answers to ALL of your questions is in my earlier response..... copied here for your convenience.

"After all, that is what the courts and defense attorneys are for."
https://attorneypages.com/public/countycity.php?SID=45&TID=524&LID=state