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possible illegal drug search

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Terilinda

Guest
I live in California and was recently charged with possesion of a controlled substance(Meth) and parephinilia. An acquaintance of mine was the snitch and told the cops where i was staying(a hotel). Cops came and knocked on my door. I asked them what they want and they said they want to talked with me. I said hold on while I get dressed. They came in the room nonetheless and ask where my ID was at. I told them in my bag and they ask for permission to get it. I OKed it, but after getting my id (which was in plain view once bag was opened) they kept searching my bag and eventually found a baggie containing .3 grams of meth and a pipe. My question is: can i beat this charge because of improper search? I didn't even gave them permission to enter my room. and how can they just bust into my room that i paid for legally all on the snitch's words(she said I paid for the room with a stolen card)? If I can't beat this charges, I would also like to know the possible consequnces. I'm a first time offender, btw
 


calatty

Senior Member
It sounds like an illegal search. Police need a warrant based on probable cause, consent, or exigent circumstances to enter a home or hotel room. The problem is they lie about what really happened. For example, they might say that when they asked you if they could come in and then if you mind if they look around and in your stuff, you gave them permission. Or they might say that when you pulled out your ID they could see the meth in plain view. Your attorney has to see what the police report says. If they tell the truth, then he or she can move the suppress the evidence found in the search. If they lie, then there is not much you can do, because then it is your word against theirs, and the judge will believe them.
 
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FKNA

Guest
Don't bank on them telling the truth in the police report. They tend to lie like dogs in their report in order to bolster their case.
 
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Terilinda

Guest
Another thing i forgot to mention was that I was taken into custody and interrogated not on drugs but on stolen credit cards which I knew nothing about. After the interrogation was over they then read the Miranda on me. I know I made a mistake by talking without a lawyer present but isn't that against the law. When the interrogation was over almost as an afterthought they made me take a urine test which I later researched that I didn't have to give them. But they said that if i take the test I wouldn't have to be taken to county jail. Of course they lied and I was still detained for 6 hours in Redwood City. Are cops legally allowed to lie in order to get a person to take a urine test which I'm sure will be used against me on court?
 
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FKNA

Guest
Terilinda...it's like this, NO they are not supposed to lie. But do they, yes they sure the hell do . More frequently than people think. My wife's ex-husband (which I have met) used to be a cop. He's a nice guy....an honest guy. He didn't stay with the force for too long due to all the corruption. One time when I was talking to him about his time on the force he told me how it was. Either you go along with things, look the other way.....or you get black balled. It's a tough position to be put in, and he chose NOT to go along with it all and left the force.

No, it's not against the law to talk after the miranda was read to you. It was a bad judgement call on your part to talk without a lawyer present.

"...they made me take a urine test which I later researched that I didn't have to give them"....as the saying goes, ignorance of the law is no excuse. That's another thing with law enforcement, they will use scare tactics in order to get what they want.

Back to cops lying for a moment. It doesn't matter what they are supposed to or not supposed to do. It's all a matter of what they can get away with and what can be proven. Just as in a court of law you will need to be proven guiltly, if one were to pursue legal action against members of the police department, it would have to be proven of any illegal acts they have committed.
 
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scared2go

Guest
arent they the ones who are suspose to be the example?huh,rite!

recently i was in a situation kinda like yours...and if only i know my rights and the law...they prey on us who trust and think "ok thier the police they arent suspose to lie and decieve and cheat,so u do then soon after u find out what a huge misstake u had made in trusting the police"...man they came to my house said they got call on heavey trafficing which is 100% a lie!!!i dont even talk to anyone anymore but my using jek boyfriend anyway..they wanted to come in and follow up on their calls .handed me a form and i sighned not knowing i didnt have to which they are suspose to go over that form w/u and ask if u understand it..not even did they say anything but i need u to sighn this consent form,man i thought i had to..they ketp saying to me that if i tskr them to my stuff i wont be introuble or go to jail.they didnt find it ..stupid me gave it them under their lieing and deciveing commits..why i decided to trust them on therir word was cause after repeating there promise a few times they go but if we do find something and u lied u will go to jail and be in trouble..then they tricked me and said this was my last chance to come clean or i was going to jail..so i thought they found it and said ok i have alittle i do once and awhile..man they pounced!..actually they didnt take me to jail one promise was kept..but not even a week late i got the court date in the mail.and ill tell ya i have lied and screwd over so bad since that day i trusted a cop.........back to u,if they came to your room with no search warrent.or no consent form..dude you have a case. i cant remember what the legal term is for the illeagle search they did but have your lawyer fight to drop all charges on illegal search,u have a much stronger case then i did cause i sighned the stupid form..but sounds like tey had nothing for in order for them to search u..u can most likly get totally off if u say what u said is true,u can beat it theyll have to throw out the evidence if it was illegal search as long as u dint sighn or ithere was awarrent..just went thourgh all tha t crap and i was dumb to give up and quit my fight to make sure i didnt have toi go to jail..if i could just go back.i wouldnt have gave up .also get a paid lawyer u pick.ihad court appo. and he just wanted my case to be done...iam a1st timer to and man probation is hard dude one mess up and they get u..fight back u get your lawyer to fight for u about ilegal search dont take the plea- fight it you should win..good luck and stand up for your rights and never trust a cop they say and do whatever the want to do..i heard that all along but didnt believe it to be true until tey did it to me too!..they ruined my life over a stupid lie,rumor...later,sorry so long ..just dont give in to their double talkin decete..youll be sorry if u do i know i sure am!!!!
 

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