Husband facing time?

[Belangesamantha]

What is the name of your state? Florida

Last Feb. my husband was staying a this brother's house for a couple days with another guy. The two guys were drug dealers and always had stuff in the house. One morning the house was raided while my husband and two other people were there.
They got a warrant from two trash pulls where they found baggies of residue and a tip that there was drug activity. Supposedly they watched the house one day and saw nine cars come an go.This was their grounds for a warrant!
They found a lot of drugs in the house. The thing is they only arrested my husband and gave him a trafficing charge, manufacturing, and a possesion charge. They claim that he admitted that the drugs were his and that's why they arrested only him but they have it nowhere in writing or tape or anything. There was absolutely nothing tying him to that house or the drugs. Now almost a year later we're still fighting it and the only evidence they have is a baggie of residue with his partial print on it. We go to court on Tuesday. We have a lawyer. Should we worry?

 

[FlyingRon]

Your husband has been charged with a felony? Of course you should worry. What does your lawyer say...he's more inclined to be able to analyze the evidence against your husband than we are from your posted paragraph.

 

[outonbail]

I can assure you, the manufacturing charge wouldn't be based on a partial finger print lifted off a baggie.

There's way more to this story. Either your not telling, or (my guess) your husbands not telling you everything.

 

[Belangesamantha]

More info

well not only did they find drugs...they found a safe full of baggies and drugs and a triple beam that's where the manufacturing and trafficing came from. His lawyer says its bull. They filed two motions one to surpress the evidence due to an illegal search and another to surpress his statement that he "supposedly" admitted all of it was his.

 

[smutlydog]

well not only did they find drugs...they found a safe full of baggies and drugs and a triple beam that's where the manufacturing and trafficing came from. His lawyer says its bull. They filed two motions one to surpress the evidence due to an illegal search and another to surpress his statement that he "supposedly" admitted all of it was his.

This isn't a slam dunk case so I wouldn't start worrying until after the motion to suppress hearing. Usually warrants are granted based on what an informant purchased inside the home. It's difficult to fight a case like that. That's not to say that the judge won't side with the state in the up coming hearing but I wouldn't worry until after that.

Please let us know the outcome of that hearing. I am very curious about cases like this.

 

[CdwJava]

Last Feb. my husband was staying a this brother's house for a couple days with another guy. The two guys were drug dealers and always had stuff in the house.

Okay, THIS little fact should have been enough for hubbie to stay away. That he did not stay away from these known drug dealers kinda lends suspicion to your hubbie.

One morning the house was raided while my husband and two other people were there.

Does this guy run a boarding house or a hotel?

Typically, it is drug houses that have frequent "guests" ... is hubbie a user? Maybe a dealer?

They got a warrant from two trash pulls where they found baggies of residue and a tip that there was drug activity.

Sounds like they were spot on.

Supposedly they watched the house one day and saw nine cars come an go.This was their grounds for a warrant!

Taking it all together, that is generally enough.

They found a lot of drugs in the house. The thing is they only arrested my husband and gave him a trafficing charge, manufacturing, and a possesion charge.

Then one would assume that they have some evidence besides his presence to support the claim.

They claim that he admitted that the drugs were his and that's why they arrested only him but they have it nowhere in writing or tape or anything.

Okay. That doesn't mean they can't admit the statement, only that it is relatively open to an argument of reasonable doubt.

There was absolutely nothing tying him to that house or the drugs.

You mean, other than the brother and the fact that he apparently flopped there with some frequency?

Now almost a year later we're still fighting it and the only evidence they have is a baggie of residue with his partial print on it. We go to court on Tuesday. We have a lawyer. Should we worry?

Of course he should worry. Whether the state has a strong case for anything but a possession charge, no one here can say.

Have they offered him possession? if not, then it is very likely they have more than just a baggie.


- Carl

 

[Belangesamantha]

Update!

So we went to the motion hearing and we found out quite alot!

First off the "tip" that they had was from someone that had no idea who lived there and had never come in contact with anyone there. They said that there were a lot cars there and loud music. From that the detective did a trash pull. He says that they found "2 postage size baggies with residue" and there were no kind of prints or anything. After that he did a surveialnce which is when he saw the nine cars come and go. Then he did another trash pull where he found again only 2 baggies with residue. They also found paperwork with my husband's brothers name which was who they assumed to be their suspect. He said that he had never even heard of Billy until they found him in the house and that he was arrested because he allegedly said "everything you find in the house is mine."

Our lawyer is trying to fight the warrant by saying that where the trash was is still considered private property which means that they had no right to take the trash from the house to inspect it.

The judge postponed his judgment and told the lawyer to find him some sort of proof that it is still considered private property. Does anyone know about property law?

So now i am doing all kinds of research tryin to find out about this. It's a bare bones case that this prosecutor is holding onto for dear life.

Still the ONLY EVIDENCE they have against my husband is that they found ONE SINGLE fingerprint on a baggie of residue inside a lockbox they found with a bunch of drugs in it. There is not one fingerprint on anything else anywhere. So the lawyer says that if they can find other people's fingerprints on the same items that they wouldn't be able to use my husbands... something called constructive possession....

Still hangin in there////

 

[CdwJava]

First off the "tip" that they had was from someone that had no idea who lived there and had never come in contact with anyone there. They said that there were a lot cars there and loud music. From that the detective did a trash pull. He says that they found "2 postage size baggies with residue" and there were no kind of prints or anything. After that he did a surveialnce which is when he saw the nine cars come and go. Then he did another trash pull where he found again only 2 baggies with residue.

This is plenty for a search warrant in most jurisdictions. I could make a good case for pattern of activity consistent with dealing, and the fact that baggies with drug residue were present.

I'm guessing the judge did not suppress the evidence?

Our lawyer is trying to fight the warrant by saying that where the trash was is still considered private property which means that they had no right to take the trash from the house to inspect it.

Unless your state has more restrictive laws, the federal standard on the 4th Amendment has been very clear for many years that trash at the curb for pick up is generally accessible to any and all with very few exceptions. One can argue that if they were searching the trash in violation of a local ordinance that the evidence was obtained illegally, but that would be quite a stretch.

The attorney is shooting in the dark if the trash was at the curb. However, your state could have a more restrictive standard under state law ... doubtful, but it is possible. The fact that the judge granted the defense more time indicates to me that the state of the law where you are is against this private property argument. As I said, it's pretty well settled law.

So now i am doing all kinds of research tryin to find out about this. It's a bare bones case that this prosecutor is holding onto for dear life.

Bare bones?? Didn't you write that they found "a lot" of drugs??

Still the ONLY EVIDENCE they have against my husband is that they found ONE SINGLE fingerprint on a baggie of residue inside a lockbox they found with a bunch of drugs in it.

That's plenty. That's likely sufficient for AT LEAST possession.

So ... has your husband decided to turn over a new leaf and stay away from dope and dopers yet? Does he have a prior criminal record? If he has priors for dope, he is going to be hard pressed to convince a jury that he was just crashing at the house, accidentally left his finger on a dope baggie thinking it was something else, and then was in the wrong place and the wrong time ... it will be hard anyway, but nearly impossible if he has priors.

- Carl

 

[Belangesamantha]

I'm guessing the judge did not suppress the evidence?

The judge gave them a week to find out about the property law

Bare bones?? Didn't you write that they found "a lot" of drugs??

Yeah they did... drugs that had nothing to do with my husband...drugs that they have no proof had anything to do with him. Like I said he didn't live there. They had never seen him there before that day and he was no where near any of it to say that he was caught red handed or anything.

So ... has your husband decided to turn over a new leaf and stay away from dope and dopers yet? Does he have a prior criminal record?

First. My husband doesn't do drugs and he never has. He was at his BROTHER'S house not a doper. Family is family... he didn't look at it like that. He was only there for a day or two. Not like he was there for months in the middle of it all.

And no my husband has no record at all. Most he has is a couple speeding tickets.

 

[outonbail]

First. My husband doesn't do drugs and he never has. He was at his BROTHER'S house not a doper.

Last Feb. my husband was staying a this brother's house for a couple days with another guy. The two guys were drug dealers and always had stuff in the house.

Which is it then?

And no my husband has no record at all. Most he has is a couple speeding tickets.

Looks like that's about to change.

 

[Belangesamantha]

Which is it then?

Which is what? He was there a couple days and another guy was there for a lot longer. The two didn't know eachother prior to that. They were just there at the same time.

And screw you with the

Looks like that's about to change.

This is someone's life not a joke.

I'm trying to get advice... not assinine comments like yours....

 

[CdwJava]

Yeah they did... drugs that had nothing to do with my husband...drugs that they have no proof had anything to do with him.

Well, you don't think they can tie them to him ... but there IS that darn fingerprint on drugs in a locked box.

As I said, they may have a good case for possession even if they can't tie him to dealing.

Like I said he didn't live there. They had never seen him there before that day and he was no where near any of it to say that he was caught red handed or anything.

He's exhibiting behaviors consistent with drug users and dealers ... one does not normally crash at a brother's house for a couple of days when there are strangers also hanging and when the brother and his friends are known to be dealing dope! That's called 'living on the edge'.

First. My husband doesn't do drugs and he never has. He was at his BROTHER'S house not a doper. Family is family... he didn't look at it like that. He was only there for a day or two. Not like he was there for months in the middle of it all.

I can honestly say that I do NOT hang out with my relatives who do dope. It is foolish to kick it at such a place. Of course, there is still the query: How did his print get ON the dope if he doesn't do it? Or does he simply pass it around?

The DA is going to crucify him on the circumstances unless he has a really good explanation and can convince the DA he's either oblivious or a fool. If he knew what was going on, at least the possession charge is still possible.

- Carl

 

[Belangesamantha]

At the time my husband was in between jobs and had no where else to go. His brother's was his only refuge. As dumb as it sounds... i guess he rathered have a roof over his head for a couple days than be on the street.

The DA is after him because she needs someone to blame. Two other people were there and he's the only one they take in! Not to mention since then the other guy in the house has been arrested on drug charges...his brother was arrested on drug charges...and the other person there that day is dating someone that just got out of jail on drug charges....my husband has a perfectly clean record....would that seem logical to you that the's come kind of huge drug trafficking dealer?

 

[mommyof4]

He needed a roof over his head? Why wasn't he home with you?

Just one more random, but probably meaningless thought...what happened to all of the prints he would have left in the house during the two days he stayed there? HOW could his prints ONLY be on this one little baggie of dope? What, did he use a Clorox wipe every time he touched something and vaccuum to get all of his hair and dander?

All your statement says to me is that the police hadn't been able to bust him earlier.

 

[Belangesamantha]

Bust him for what!? He never did anything!

And smart ass...he wasn't home with me becasue we weren't married yet...i was still living with my parents...i don't believe in living together before marriage.

And no his figerprints were on other things....just not on anything related to the drugs.

Again... why he wasn't with me is not relative to the case at hand...just another person wasting their time....

Is CdwJava the only person here of at least some assistance?!