I was asleep in my friends home when....

[freeadviceneedy]

What is the name of your state? Georgia.....Thanks for all the serious input ahead of time!...Recently I found myself in a situation in which I was at a friend's home and on that day I was there,it just so happens that his Mother(which owns the property) had called the police to investigate a vehicle that her Grandson had parked on the property,and she was concerned that it might be stolen. When the police arrived that morning, my friend went to answer the door,and let the police enter the house. At the time I was asleep beside my belongings on the living room floor. When the police spotted me on the floor, to the best of my knowledge, (because I was asleep) They for some reason felt concerned that I was on the floor, and came over to see about me,began kicking me in my side saying," hey, what are you doing on the floor...What's wrong with you?" They got me awake, and the next thing I know is that the officer was asking me if a half of a joint that they had kicked out from under some papers of mine that had been laying on the floor near me, belonged to me. I told them no, it was'nt, but then the officer picked up my purse, in which they unfortunately had found around a 1/2 of a gram of meth. I did not give them permission to search any of my belongings,but to no avail. My question is could this very well be an illegal search and seizure? I am aware that having the drugs on my person is already a given;But I want to know if I have a chance of having it thrown out of court due to illegal search and seizure? Was lying on the floor probable cause to search me? Even though the 1/2 joint was lying near me on the floor,would'nt it be to the one that resides in the home to be the one responsible for it? As a matter of fact, they ended up searching the entire home,and found like a hundred of used,dirty syringes in my friends room,but did not prosecute him for them! I believe now in Ga. it's illegal to possess any drug paraphenalia also. ...And no, I don't believe I was set up,as much as it sounds like it! It really was just being in the wrong place at the wrong time.

 

[GaAtty]

The friend certainly was not bright to let the police in to search. That gave them consent to enter. Of course, there is a question as to whether or not the friend could really give consent since it was not his house. There is also another question as to whether there was probable cause or consent to search you, and it seems that the answer is no on both. The other question is whether or not you can afford a criminal attorney who will really fight this for you, my guess is that it will cost a good bit.

 

[pojo2]

Are you still on drugs because I am trying to figure out what any of this has to do with

WILLS & TRUSTS > Elder Law, Powers of Attorney & Living Wills ?

Posting in the correct forum might get you better answers!

 

[rmet4nzkx]

It appears our poster has some serious problems.
https://forum.freeadvice.com/showthread.php?t=312550

What is the name of your state? Georgia **************I'm 41 yrs. old, and unfortunately have found myself, and my two yr. old daughter,having to move in with my Mother because of a recent divorce,and had been a homemaker at the time...No income at the time and in need of help from family. I feel I should also say that my relationship with my Mother has always been a very dysfuntional one,and continues to be as such. ...In a nutshell...We had a situation one day....She had done something that had made me angry,I then said some disagreeable words to her, and the next thing I know, she's back-handing me across the mouth with the cordless telephone.(the damage was a very badly busted lip that required stitches).There were a few people visitng me that day there along with a tenant that rented out a room at the time,and they were all outside of the house when this occcured,except the tenant that had to pull her off of me after she hit me.(she began to attempt pulling out my hair )I immediately went to look for where my daughter and friends were when my mother called 911,making a domestic violence report. In the mean time,my friends had been making the suggestion that the best thing for me to do at the time would be just to leave until things "cooled down"...I agreed, not even thinking that it would make me appear to be the "guilty" party by not being there to give any side of the story to the police but the one my Mother gave. For no other reason but spitefulness/resentment toward me, she reported to the police that I had been the one to be violent with her,and told them a description of the vehicle i left in. The next thing I know, the police spotted me in a fast food drive thru with my daughter NO LESS, and proceded to arrest me right then and there for simple battery!!! No questions asked of me , except for what my name was, to make sure they had the "right" person!!! No chance to speak my side of the situation or ANYHTING!!! And to top it off.... The officer who made the report for my mother had stated that she had visible marks of abuse (a cut on her finger from it dragging across a broken tooth when she hit me), and even stated she had a black eye, which was nothing but a bald-face lie,with witnesses to say so!!! The officer took noone else's statements. that were there at the time all this occured!!!!! To make this short- I had to spend four days in jail,for something that I was not only not guilty for, but was truley the victim instead. And to make it even worse- the arresting officer made sure they found an unpaid speeding ticket from 1993 that they claim I never paid!!!! (I have never not paid any moving violations citations I have ever been written!),so it was another day before my friend could come up with the extra 200.00 for that ticket before they would release me!!! I've been to court; They gave me one year probation requiring me to attend (and pay for!!!) an anger management class for 6 mos., plus a 40.00 supervision fee!! When I went to court, the last thing I planned on doing was to plead guilty to these charges,but the prosecutor did everything to convince me that taking this to a jury trial would not be to my best interest,and that the plea bargain they offered would be my least painful way to bring it all to an end,and that the fee for the classes required for me to attend were based on a "sliding scale fee", based on my income. ( I have no income, and made him aware of this,trying to sugguest maybe I could "work it off" through a community service program.--- I want to know if there is anything I can do to have this case reheard before a judge ,so that my side of this situation can be heard. I feel like the justice system has totally turned thier back on me,with a major injustice not only to myself,but the entire judicial system itself entirely. And in more ways than one in this case.... Is my chance for my voice to heard in this all lost ,since It's already gone to a court??? PLEASE, SOMEONE HELP ME TO BE HEARD!!

 

[pojo2]

Maybe those drugs have burned a few brain cells. Sad, sad there is a 2 year old daughter involved in this entire mess.

 

[Dandy Don]

Delete this query and then re-post it in the proper forum: look at the blue lettering at the top of the website that say "CRIMINAL LAW AND PROCEDURE" and click on those letters, then look for the "DRUG LAWS" message board.

You should be asking your own attorney about whether this was an illegal search and seizure, but it doesn't appear you are going to get off that easily.

AT NO TIME DID YOU EVER TRY TO DEFEND YOURSELF BY STATING THAT THE CRYSTAL METH WAS NOT YOURS!! If it was, how do you think you will ever prove that in a court of law, if you are subjected to a drug test. It appears you are guilty as charged.

If you have no income, then that means the classes you are required to attend will be free to you. That appears to be your best option right now.

And consider rehab and doing whatever it takes for you to be able to be hired again. Can't you see how destructive drugs have been to your life and to your child's life?

 

[Rose]

Why?

Are you still on drugs because I am trying to figure out what any of this has to do with

WILLS & TRUSTS > Elder Law, Powers of Attorney & Living Wills ?

Posting in the correct forum might get you better answers!

Why did she post here? Because somebody's grandmother called the cops who arrested her! Duh!

 

[pojo2]

Why did she post here? Because somebody's grandmother called the cops who arrested her! Duh!

Did you completely miss the point? The WILLS & TRUSTS > Elder Law, Powers of Attorney & Living Wills forum is not the proper forum for a legal question concerning these issues.
DUH!

 

[Rose]

(Shhhhhhh!)

Did you completely miss the point? The WILLS & TRUSTS > Elder Law, Powers of Attorney & Living Wills forum is not the proper forum for a legal question concerning these issues.
DUH!

(I was kidding! Elder Law .. Grandmother .. get it? Again, Duh?)