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dumbiknow

Junior Member
What is the name of your state (only U.S. law)? Minnesota
My fiance back in october 2008 had stupidly taken an offer to make a lil money and get a friend of a friend some coke. this girl begged him for months to "hook him up" and after weighing his decision, he stupidly decided to do it and make 100 dollars, DUMB, i know this already....so he tracked two grams down from one of his friends, and agreed to meet the guy and sell it to him. my fiance does not do coke, he never has, he is not a drug dealer and never has been. he took an opportunity to make money foolishly and sold it to the guy.

then in december 08 out of nowhere the police and drug task force surrounded the house that we were living in, ( not our house, we were not renting, the house was in foreclosure and had belonged to my parents, we were staying there until the home was closed on). they came in with a warrant and searched the home, garage, went through our garbage and found nothing that was related to coke. they did find paraphernalia used for marijuana, that belonged to him some stems and seeds out of our garbage, they also found a digital scale that would never have any traces of cocaine on it.

our 2 year old daughter was in the house, i was not when the search happened. they came in with guns, questioned him and brought in the undercover that he had sold to in october and asked if he knew who he was. my fiance stated that he had never seen him before. they put him in cufffs and threatened to take him to jail. my fiance "brian" was scared and admitted he had seen him before. the police and detectives then demanded that he give up sources to avoid jailtime, he said he didnt know anybody it was a one time thing, and they put him in cuffs again, with my daughter there the whole time btw. so once again scared brian agreed to wear a wire and try to "snitch" someone out.

they left the house, did not arrest him, and months went by, the taskforce waited for brian to wear the wire, and brian finally said he did not know anyone and would like to talk to an attorney. they advised him not to talk to anyone about this matter, not even me.

after brian could not give anyone up, they sent out the charge of a third degree felony drug charge. he went to his first court date and was released on ROR until june at the first hearing before trial in june. he is facing up to 10 years for this charge, they have no proof that it was him, other then when he admitted to the detective in the raid. they said they had video and/or audio surveillance that was not included in the evidence we received.

this is his first offense for anything other then traffic violations.

my questions
what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.

was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?

what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.

can he press charges on the drug task force for harm on our childs emotions? every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?

Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...? they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???

sorry for the book, just wanted to get as many facts in as possibleWhat is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Minnesota
My fiance back in october 2008 had stupidly taken an offer to make a lil money and get a friend of a friend some coke. this girl begged him for months to "hook him up" and after weighing his decision, he stupidly decided to do it and make 100 dollars, DUMB, i know this already....so he tracked two grams down from one of his friends, and agreed to meet the guy and sell it to him. my fiance does not do coke, he never has, he is not a drug dealer and never has been. he took an opportunity to make money foolishly and sold it to the guy.

then in december 08 out of nowhere the police and drug task force surrounded the house that we were living in, ( not our house, we were not renting, the house was in foreclosure and had belonged to my parents, we were staying there until the home was closed on). they came in with a warrant and searched the home, garage, went through our garbage and found nothing that was related to coke. they did find paraphernalia used for marijuana, that belonged to him some stems and seeds out of our garbage, they also found a digital scale that would never have any traces of cocaine on it.

our 2 year old daughter was in the house, i was not when the search happened. they came in with guns, questioned him and brought in the undercover that he had sold to in october and asked if he knew who he was. my fiance stated that he had never seen him before. they put him in cufffs and threatened to take him to jail. my fiance "brian" was scared and admitted he had seen him before. the police and detectives then demanded that he give up sources to avoid jailtime, he said he didnt know anybody it was a one time thing, and they put him in cuffs again, with my daughter there the whole time btw. so once again scared brian agreed to wear a wire and try to "snitch" someone out.

they left the house, did not arrest him, and months went by, the taskforce waited for brian to wear the wire, and brian finally said he did not know anyone and would like to talk to an attorney. they advised him not to talk to anyone about this matter, not even me.

after brian could not give anyone up, they sent out the charge of a third degree felony drug charge. he went to his first court date and was released on ROR until june at the first hearing before trial in june. he is facing up to 10 years for this charge, they have no proof that it was him, other then when he admitted to the detective in the raid. they said they had video and/or audio surveillance that was not included in the evidence we received.

this is his first offense for anything other then traffic violations.

my questions
what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.

was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?

what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.

can he press charges on the drug task force for harm on our childs emotions? every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?

Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...? they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???

sorry for the book, just wanted to get as many facts in as possibleWhat is the name of your state (only U.S. law)?
Just when you thought you've heard everything :eek: b.s. like this just stumps me.

You want to sue the police because THEY traumatized your daughter. THEY did not traumatize your daughter - her very own father did.

The fact is that the baby's father IS a drug dealer and you did have illegal drugs and paraphenlia in the home. YOU and the baby's father are putting the child at risk - that is criminal.

You are lucky you weren't arrested and charged with him.
 

poppabear

Member
She's also LUCKY that CPS didn't become involved, as she admits that her child is in a home where drugs are being trafficked.

Yes, your child is suffering, but it is because she is being raised by two very selfish/moronic people who are more interested in 'making a little money' than thinking about what might happen when one is caught dealing narcotics. If you are truly concerned about your child's well-being you would find a LEGAL way to make a living and not rely on one that could end up sending your child into foster care. Though that may be a better environment for her than the one you are creating!

I would love for you to try to explain to a judge how scarring it was for your child to have the police and drug task force come into your home, because she is only used to being around drug users :rolleyes:

Oh, and selling cocaine 'only once' does indeed make him a dealer. Just like killing someone 'only once' makes one a murderer and beating a child 'only once' makes one a child abuser.
 

ERAUPIKE

Senior Member
my questions
what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.
The likelihood of his case being dropped is almost zero. He is caught dead to rights.

was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?
Yes, the warrant was legal. If I only killed one person would I not be a murderer? If I only stole one time would I not be a thief?

what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.
The chances are good that he may receive some prison time for this offense.

can he press charges on the drug task force for harm on our childs emotions? every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?
Yes, charges should be pressed on someone for what has happened to your children. The fault does not lay with the police department. The charges should be against the drug dealing addicts that caused the police to have to raid the house.

Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...? they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???
That would be a question that only the department there could answer. He was possibly in the middle of an ongoing investigation. They did take a drug dealer off the street with their operation and out of a house with children.

sorry for the book, just wanted to get as many facts in as possibleWhat is the name of your state (only U.S. law)?
 

Perky

Senior Member
I'm afraid I have to disagree with all of you! I think she SHOULD sue.

Sue the police for traumatizing your daughter.
Sue the judge for issuing a warrant.
Sue the state for wasting your tax dollars.
Sue the city for not scheduling garbage pick up on the morning of the arrest.
Sue the girl who set up the sting.
Sue your boyfriend for not giving up his connection.
Sue the dealer who sold you the pot.
Sue the dealer who sold him the coke.
Sue the scale manufacturer for making incriminating evidence.
Sue the manufacturer of your drug paraphernalia.
Sue CPS for not being present during the search to protect your daughter.
And finally, sue this site for allowing you to post.
 

dumbiknow

Junior Member
ok

just so you know he is not in jail yet, and there were never drugs being trafficked in my home. NEVER not sure where you came up with that but thanks for your bs advice or whatever you wanna call it. and also i am not a drug user and never have been and they did not find drugs in my house, they found stems and seeds....but i guess you can call that a drug huh??? wow what a f***d up world we live in where pieces of a plant are now illegal, pretty sure paraphernalia, tobacco pipes or whatever you want to call them are not illegal to purchase....but ok
 

Antigone*

Senior Member
just so you know he is not in jail yet, and there were never drugs being trafficked in my home. NEVER not sure where you came up with that but thanks for your bs advice or whatever you wanna call it. and also i am not a drug user and never have been and they did not find drugs in my house, they found stems and seeds....but i guess you can call that a drug huh??? wow what a f***d up world we live in where pieces of a plant are now illegal, pretty sure paraphernalia, tobacco pipes or whatever you want to call them are not illegal to purchase....but ok
so says the drug user/dealer who does not use drug and yet the tools of the trade and more are found in their home:eek:
 

>Charlotte<

Lurker
what is the likelihood of this case being dropped?
There's no reason to drop it.

was the warrant issued legal for selling one time?
Absolutely legal.

how does that make him a drug dealer when they only have ever heard of him doing this one time?
Because he sold drugs. That's what dealing is.

what are the chances of him actually serving that much time?
I'd be surprised if he actually got ten years.

can he press charges on the drug task force for harm on our childs emotions?
Oh hell no. Your child's trauma was a direct result of your boyfriend's actions. If you want drug task forces to stay away from you and your daughter, stay away from drugs. "It was only stems and seeds" is lame. Your boyfriend sold cocaine and he smokes pot. In the house where your child lives. If you find anyone willing to believe otherwise, make them your best friend.

but for what reason would they do a search?
They were looking for drugs or other evidence.

Why didnt they just arrest him when he sold?
You'd have to ask them.

maybe they have their facts wrong on him...?
From what you've posted, they didn't.

they were thinking they were going to find all this cocaine in his possession
They had no reason to believe they wouldn't find anything.

didn't they waste state money and time for this???
Nope. Your boyfriend was arrested, and is being prosecuted, for exactly what he did.
 
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>Charlotte<

Lurker
And, by the way--even you used the word "dumb" once, "foolishly" once, "stupidly" twice, and your user name is "dumbiknow". This is what happens when you do things like that. That's why it's dumb.
 

CdwJava

Senior Member
my fiance does not do coke, he never has, he is not a drug dealer and never has been. he took an opportunity to make money foolishly and sold it to the guy.
Yes, it was dumb ... and it was also criminal.

they came in with guns,
We do that ... it is SOP and generally makes things safer for everyone.

questioned him and brought in the undercover that he had sold to in october and asked if he knew who he was. my fiance stated that he had never seen him before. they put him in cufffs and threatened to take him to jail. my fiance "brian" was scared and admitted he had seen him before.
So, they then had a record of his lying. That will weaken his credibility at court to some small degree even though he finally relented. Though there MIGHT be a Miranda issue if his Miranda rights had not yet been read to him.

they left the house, did not arrest him, and months went by, the taskforce waited for brian to wear the wire, and brian finally said he did not know anyone and would like to talk to an attorney. they advised him not to talk to anyone about this matter, not even me.
He should have never agreed to the deal until he had spoken to the attorney. Forget about telling the detectives about the attorney, he should just do it. Not you, because anything he tells you is NOT confidential and you could be subpoenaed to court and compelled to provide testimony against him.

they said they had video and/or audio surveillance that was not included in the evidence we received.
What does his attorney say? Does he believe it does not exist? Perhaps the attorney has not made a motion for discovery to include this evidence just yet.

what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.
Since no0 one here can possibly know the strength of the state's case, there is no way to know whether the DA will drop the matter or not.

The court would not "drop" it. If the state lack sufficient probable cause to charge the defendant, the court might DISMISS it, but that would come as a result of the motion his attorney has already, apparently, made.

was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?
Unless the statute mandates a specific number of times for sales (and that would be unheard of), then one time is all it takes.

what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.
He might be able to plead down to possession and maybe that would make him eligible for probation and deferral, or counseling - whatever the programs might be in your state.

can he press charges on the drug task force for harm on our childs emotions?
No. The police were not there to harm the child's emotions, they were there to serve a warrant and investigate drug sales. But, perhaps, HE can be charged with child neglect for bringing this activity into his home and in to the presence of the child.

every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?
They had a warrant signed by a judge and it was based upon a drug transaction. Sounds pretty valid to me. It's not hard to articulate that someone who sells drugs might be in possession of more drugs on their premises, or that they might have indicia of sales (packaging materials, pay-owe sheets, etc.) in their home or on their property. It's all pretty standard.

Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...?
It is because they hoped they could get more buys into him, or, they hoped he would lead them to some bigger fish.

they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???
Not really. Not every search warrant ends up striking pay dirt. Because of the nature of dope sales, I suspect that about only 1 in 4 actually come up with some presence of the dope in question for sales being found at the premises. We have one local residence that they have buys into but we're 0 for 3 on search warrants ... they get the stuff in and move it out within 24 hours. by the time they get the warrant, the stuff is long gone and then they have 10 days to serve it (may be shorter or longer in your state) but that leaves a narrow window to try and guess when the suspect might be holding.


- Carl
 

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