what can be taken from home????

[dougywu]

Hi new member with question about search warrants. My house was raided for marijuana. They had a warrant. My question is what can they take from home . They took all the drugs and accessories and they were all on the inventory list. But i recently found they took pictures that were not at all related to drugs. Just poloroids of my girl. And that was not on inventory list. Is that legal?

[CdwJava]

Originally Posted by dougywu

Hi new member with question about search warrants. My house was raided for marijuana. They had a warrant. My question is what can they take from home . They took all the drugs and accessories and they were all on the inventory list. But i recently found they took pictures that were not at all related to drugs. Just poloroids of my girl. And that was not on inventory list. Is that legal?

It depends on why. If they were related to the charges in any way, they can take them. Perhaps they were trying to identify her or someone/something in the photos.

Did they provide a receipt? Did the receipt include the photos?

If not, when you go to court they should have provided the court with a list of the items seized.

But ... uh ... why are you worrying about photos of your girl when you face jail time?

- Carl

[dougywu]

because naked pictures of my girlfriend did not need to be taken from my house. And like i said in first thread they were not on inventory siezed reciept. we are both over the age of 18 and 21. I worry about the jail time thats why im trying to find things they did wrong

[CdwJava]

Originally Posted by dougywu

because naked pictures of my girlfriend did not need to be taken from my house. And like i said in first thread they were not on inventory siezed reciept. we are both over the age of 18 and 21. I worry about the jail time thats why im trying to find things they did wrong

Well, you're looking in the wrong place. Even if they took the pictures without cause, that will do NOTHING to absolve you of YOUR crimes.

- Carl

[dougywu]

oh ok. so you are telling me that it is ok for a cop to take personal photos (i have like 3000 photos they just happened to take the 3 nude ones) and not report it on paper, or keep as evidence....maybe he just took them home for pleasure. thats ok?i dont know the law thats why im asking you.

[CdwJava]

Originally Posted by dougywu

oh ok. so you are telling me that it is ok for a cop to take personal photos (i have like 3000 photos they just happened to take the 3 nude ones) and not report it on paper, or keep as evidence....maybe he just took them home for pleasure. thats ok?i dont know the law thats why im asking you.

I never said it was "okay", but it is an entirely seperate matter from your criminal case. Even if the officer who took them was later convicted of theft, your charges would be completely unaffected.

Until you get some sort of accounting from the police or the court, you don't know that they will not show up on the inventory returned to the court.

- Carl

[dougywu]

sorry to keep you posting .
rule 2009(a). bla bla **************The officer shall sign a statement on the inventory that is a true and correct listing of all items siezed, and the signer is subject to the penalties and provisions of 18 Pa.C.S. $ 4904(b) Unsworn falsifaction to authorities.

[dougywu]

im only hoping to find some way to get them back. Maybe we can work a deal out. Who knows.

[CdwJava]

Originally Posted by dougywu

sorry to keep you posting .
rule 2009(a). bla bla **************The officer shall sign a statement on the inventory that is a true and correct listing of all items siezed, and the signer is subject to the penalties and provisions of 18 Pa.C.S. $ 4904(b) Unsworn falsifaction to authorities.

There are only so many ways to say this ... the actions of the officer - even if determined to be unlawful - will NOT change the charges you face or directly taint the evidence that was seized. If your attorney can somehow make a case that an officer did indeed seize some naked photos with the intent to steal them, then lied about it, then MAYBE he can make a case that ALL the evidence is tainted. But I just don't see that actually happening.

Also, if the photos were contained inside of something that was seized, then they could legally have been seized as part of the larger item.

Bottom line is that if this is your only defense, you had better get ready for a prison or jail stay. Even if the officer is convicted of theft, this is not going to make the evidence against you go away.

If the officer faces penalties for his actions, that is a seperate action - not part of yours.

- Carl

[CdwJava]

Originally Posted by dougywu

im only hoping to find some way to get them back. Maybe we can work a deal out. Who knows.

Talk to your attorney. If they WERE taken, I'm sure they will get them back to you if the police have them and don't need them for anything.

If they were stolen, well, I doubt that a crooked officer is going to 'fess up to stealing them.

- Carl

[dougywu]

thanks for time. but hey if its a crime its a crime right? a perverted crime. wouldnt mind watching a cop get arrested. all i have in my case is intent to deliver. most likely probation but im prepared for jail.

[dougywu]

heres the other half. my girlfriend stepdad is a detective(not related to my case in anyway). The officer who took them was his friend. Word trickled back down the line to me that he had said he taken them and shredded them. he was not the arresting officer, officer serving warrant, or anything special just part of the task force.either way it should have been on paper if he took them for legal reasons and if the werent taken for legal reason they shouldnt have been taken at all.

[dougywu]

and by "get them back" i meant get the sherrifs dept back

[CdwJava]

Originally Posted by dougywu

heres the other half. my girlfriend stepdad is a detective(not related to my case in anyway). The officer who took them was his friend. Word trickled back down the line to me that he had said he taken them and shredded them. he was not the arresting officer, officer serving warrant, or anything special just part of the task force.either way it should have been on paper if he took them for legal reasons and if the werent taken for legal reason they shouldnt have been taken at all.

And if he took them without cause, then he should be gone. I don't have a problem with that.

But, you seem to be pretty nonchalant about jail. So ... it's just the price of selling dope, eh?

Wouldn't it be easier to go straight?

- Carl

[dougywu]

i am straight now and im not asking to be pardoned. nobody wants to go to jail. i dint turn and snitch im going to pay for my crime like a man. just want everyone else to. i was hoping they be lighter on me if no charges got brought up about them.