search warrants, drug myths, informant drug useage

[Jarrod1980]

What is the name of your state (only U.S. law)?
Florida

Question is on the folk-lore surrounding the cans and cannots of law enforcement in the arena of search with regards to what they can and cannot do, and what justifies a search warrant. First of all one of the oldest myths is that they cannot search your trunk without a search warrant, however, in my personal experience they do not wait for this... what is the legality of this? just trying to clear that up..

also... if a Confidential informant comes in a does a controlled buy, are they or are they not under contract not to do any drugs of any sort... if they do, and I have evidence of it, can they be discredited as a witness??What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)?
Florida

Question is on the folk-lore surrounding the cans and cannots of law enforcement in the arena of search with regards to what they can and cannot do, and what justifies a search warrant. First of all one of the oldest myths is that they cannot search your trunk without a search warrant, however, in my personal experience they do not wait for this... what is the legality of this? just trying to clear that up..

also... if a Confidential informant comes in a does a controlled buy, are they or are they not under contract not to do any drugs of any sort... if they do, and I have evidence of it, can they be discredited as a witness??What is the name of your state (only U.S. law)?

What are you accused of? We don't do hypotheticals.

 

[Jarrod1980]

okay here's the deal... my partner was arrested for conspiracy to traffic meth... The charge (so far) is for 28 g+ but we suspect there will be more... My hope is to discredit the informant to make their testimoney null and void, therein negating the warrant... is there any way to go about this or anything else I can do to try to get around this I haven't already thought of ? I'm desperate, I'll try anything... Please help

J

 

[The Occultist]

What does your partner's attorney think about it?

 

[CdwJava]

okay here's the deal... my partner was arrested for conspiracy to traffic meth... The charge (so far) is for 28 g+ but we suspect there will be more... My hope is to discredit the informant to make their testimoney null and void, therein negating the warrant... is there any way to go about this or anything else I can do to try to get around this I haven't already thought of ? I'm desperate, I'll try anything... Please help

J

If this was a "controlled buy" then the informant was closely monitored and their credibility will not be all that easy to attack. Task forces KNOW that informants have little credibility so there are ways that they can go about removing credibility from the mix.

If this was a sloppy buy and the officers or agents had no idea what they are doing, and relied solely on the informant's "good word", then they will lose. if these guys do this sort of thing for aliving, chances are outstanding they had their ducks in a row and this was a controlled buy ... they might even have audio AND video!

- Carl

 

[Jarrod1980]

I believe there was audio and video... not 100% sure on that... audio for sure... so is there anything I can do to, shady or otherwise to help this situation any more? we are in the process of trying to find a new lawyer... the one we had ended up dickin around and it really seemed like he had an almost lazy attitude about the whole thing... and I can't; make him care...

 

[CdwJava]

I wouldn't recommend doing anything "shady" as that can result in additional offenses.

If they made a controlled buy and have audio, your best bet might be to make a deal ... if the state offers one. On the other hand, they may have made some goofs. But, until you get an attorney that can review the matter and assess it, it's hard to say. In the end, you're best hope might be drug diversion for a plea to possession as opposed to sales.

As for your previous attorney "dickin around", what was it he was not doing that you wanted him to do? Understand that most cases do not require a lot of activity by the attorney. Some things simply involve reviewing the case and hoping for a deal. if you are paying the attorney by the hour, I am sure you can find one that will be happy to draft a multitude of motions, letters, and other falderall and bill you $200 per hour for it. But, in the end, it may not avail you of much.

Little action by the attorney doesn't necessarily mean he's not doing what he is supposed to do. But, if you are not satisfied and can afford another attorney, by all means hire one that you feel comfortable with.

- Carl

 

[dhw914]

I need some answers DUI conviction and now stopped on Pot

My daughter got a DUI and had an one car accident in December 07, her court date was June 08, she got community service, a fine and is on probation until June 09. In the state of Georgia.

Well last night she got a ride home from work with a guy that got stopped for a tag LIGHT violation and the cop said to him you look nervous, I will need to seach your car. I thought fine, well it wasnt he had a small amount of pot and also it was located under my seat. The police charged both of us with misc possession of less than a ounce of pot. I am on probation for my DUI, what will happen to me. Will I go to jail for violation of my probation?

Thanks Ga Mom

 

[RRevak]

My daughter got a DUI and had an one car accident in December 07, her court date was June 08, she got community service, a fine and is on probation until June 09. In the state of Georgia.

Well last night she got a ride home from work with a guy that got stopped for a tag LIGHT violation and the cop said to him you look nervous, I will need to seach your car. I thought fine, well it wasnt he had a small amount of pot and also it was located under my seat. The police charged both of us with misc possession of less than a ounce of pot. I am on probation for my DUI, what will happen to me. Will I go to jail for violation of my probation?

Thanks Ga Mom

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