not sure of best interest

[dave33]

What is the name of your state (only U.S. law)? Rhode Island Hey guys am having difficult time making a decision.The facts of the case;37 year old professional female (registered nurse) being charged with possession of a controlled substance.(heroin).Because of the fact 1st time non-violent offense she is elegible for diversion.Problem with that is it is required to plead guilty which would result in suspension of her medical board license.Even if it were re-instated after completion,she would be unemployed for 6 months and have a suspension on her license.This is the problem with the case.The officers established probable cause,because they said they heard her on a pay phone say "i want 2 bags of dope".The detectives said they positioned themselves behind a wooden fence behind the payphone and un mistakingly heard this statement.This is there probable cause for following and eventually initiating a traffic stop.The problem here is that she assures me she made no such statement.She says she was calling the hospital where she works which is not in the vicinity.She wants me to subpeona the phone records and her supervisor to confirm.My question is this,if i file a motion to supress the statement,and what she says turns out to be true, do you think that would be enough to get the police statement thrown out.Win my supression motion and get it dismissed.Of course there is more to the statement,but this is the 1st paragraph.If we can prove this was false,would that be enough.I fully realize its up to the judge ultimatly,but in your experience if you can prove that at least the beginning of the report is extremely suspect(putting it nicely) would an average judge be inclined to dismiss based on this? Please dont hesitate to ask any questions.thanks

 

[Kane]

The first problem is that the phone records won't show what she said. Some dealers work at hospitals.

The second problem is that cops don't need to eavesdrop on phone calls to make traffic stops.

The third problem is, who uses pay phones anymore? Are you sure this isn't homework?

 

[dave33]

Thanks for your reply.This is the info i got. The person she talked to was her supervisor and she will come to court and testify to the content of the conversation.Good witness (55 year old registered nurse no record,believable).Also the number is the hospitals scheduling office where she works.Also the police used the phone statement as probable cause to initiate a traffic stop.No other violations in report speeding etc...What i'm wondering is the likelyhood of suppression of the statement that would result in a dismissal, if i can prove a false statement by police,which im confident i can.Would appreciate reply if anyone has had similar situation.

 

[TheGeekess]

Thanks for your reply.This is the info i got. The person she talked to was her supervisor and she will come to court and testify to the content of the conversation.Good witness (55 year old registered nurse no record,believable).Also the number is the hospitals scheduling office where she works.Also the police used the phone statement as probable cause to initiate a traffic stop.No other violations in report speeding etc...What i'm wondering is the likelyhood of suppression of the statement that would result in a dismissal, if i can prove a false statement by police,which im confident i can.Would appreciate reply if anyone has had similar situation.

You are practicing law without a license, aren't you? You can get in big big big trouble for this.

 

[dave33]

Thanks for your helpful reply.

 

[Antigone*]

You are practicing law without a license, aren't you? You can get in big big big trouble for this.

How sleezy was that Geekess, he thanked you for your reply and completely avoided your question.

I think you're right here. Dave isn't an attorney. He's a politician

 

[dave33]

Well i wouldnt call it sleazy.I saw the ? mark, but took it to be a rhetorical question.Since it seems the question posted has no relevance to you, and you seem interested in me personally i've got no problem answering your questions.No,I am not licensed yet.I work in a law office.I am 37 years old and turning my life around.Until about 3-4 years ago i was a commercial fisherman. I spent alt of time in the bering sea and the east coast.I had a drug problem and struggled with addiction.During this time I had contact with law enforcement several times.I couldnt believe the way things actually worked.Over the years I developed a passion for criminal law.My older brother and his wife are both lawyers in New Hampshire and 1 of my younger brothers is in law school.So i asked them for guidance.I have a lot of regrets in my life, but it made me the person i am today.Laugh if you like call me sleazy or whatever,but i aspire to be a public defender.Maybe the only one in my state who will actually fight. This is what i enjoy, so here i am. I ask the question because i would like to be able to add something valuable when this discussion arises again.Believe it or not i feel respected in the office.Now, could you answer the question or not?