What is the name of your state (only U.S. law)? California....
SEARCH WARRANT IN MODESTO CALIFORNIA
On Friday, July 24, 2009 at approx. 4:50 PM at our home in Modesto, California, A "so called", yet, to this day still not seen, Search Warrant was apparently being served.... My wife was asleep in the master bedroom and our 4 children were taking a nap in their rooms.... I was in the master bedroom when I heard pounding at my front door.... I immediately headed to the front door and opened it to find numerous masked men, later to find out, The Narcotics Enforcement Team with numerous large guns pointing at me and soon after my wife heard the commotion and appeared with me at the front door.... Immediately after the door was opened, all I heard was get on the ground, get on the ground.... We did as they said and asked why they were here and they us to shut up.... As they entered un-announced into our home, I began to say very loudly that, "I do Not Give you Consent to be in my house and I Do Not give you consent to search!".... I said that if they were entering our home, then we have a Right to see a search warrant.... Show us the search warrant.... They told us to shut up as they put us in handcuffs and took us to the front lawn, searched us and then told us to sit down....
My wife and I then stated that we have 4 children in the back of the house sleeping in their bedrooms and that there is nobody else in the home but our 4 small children.... We also both repeatedly asked the officer standing over us that we have not seen any kind of document stating why they were in our house and searching thru our rooms.... We demanded to see a copy of a search warrant, yet we were ignored.... I asked numerous times to speak to a supervisor or the person in charge and finally the officer stated that we could talk to someone when we get to the police station.... We then asked what we were being charged with, and we were once again ignored.... We also asked, once again, why they were there and if they are in our home, that we deserve a right to see a warrant....
They then brought out our children and sat them on the lawn near us.... They were obviously a little shaken up, but, nevertheless, okay.... We told the kids that everything was going to be okay.... Soon after an officer came outside, looked at us and then looked at our children, then stated "Its pretty sad that the children look like they are used to this sort of thing".... Although we were very angry with what the officer said, we kept our cool.... The officer than proceeded to my vehicle parked in the driveway and began to search it.... My wife asked the officer if our neighbor, Jennifer could take the kids to her house for the time being.... To see both of their parents in handcuffs on the front lawn was the last thing we would of ever expected or would of wanted them to see.... The neighbor than took the children next door.... My wife and I then continued asking any and All of the officers that we have not given them consent to search our home and that we have a Right to see a warrant.... We also asked what we were being charged with yet no response.... Then the officer who made the comment about our children came back out to the front lawn and it appeared that he told his fellow officers to put us in the car and take us downtown.... They did just that....
After going downtown, instead of taking us to the jail, we were taken somewhere close to there to an office like building and put me and my wife in seperate rooms shackeled to the bench.... Soon after they called me into an interogation room and I was then read my rights.... After many questions and an hour or two had gone by, they then told me that my wife was being sent home and not charged.... That was wonderful to hear since my wife had no knowledge about anything that was going on and what was found in the search or even why.... They then took me to the jail closeby and I was booked.... On Sunday evening I was finally able to speak to my wife and was bailed out later that evening for $65,000 Bail....
After getting home, I realized that the entire house, including all 3 bedrooms, the kitchen, the living room and the garage were a mess, including numerous holes in the walls in the master bedroom and the garage.... My wife then showed me the pink copies of the receipts of the property of ours that was removed.... I asked if there was a copy of the search warrant with the receipt, and was told No, that was all that was left....
At the time the warrant was served, I was and still am on Informal Probation for a misdemeanor resisting arrest charge from 2008.... Here are my current charges: 11378 HS - Possesion of a controlled substance for sale, 11351 HS - Possesion/Purchase of a narcotic for sale, 11359 HS - Possesion of Marijuana for sale, 11370.1 HS - Possesion of controlled substance along with a loaded firearm, 12021 PC - Carrying a loaded gun, 12021.5 PC - Possesion of a firearm while in criminal street gang, 12316 (b)(1) PC - Felon in possesion of ammunition and 12520 PC - Possesion of a firearm silencer device....
Since no copy of the search warrant was ever shown to us during their un-announced raid of our home and no copy of the warrant was left with the receipt, I made a phone call or two but got nowhere.... 2 Days later I went down to the Modesto Police Department and asked for a copy of the arrest report as well as a copy of the ever illusive "search warrant".... None were currently available for me, however, as soon as they were that they will be mailed to me to our home.... 2 days later I received an arrest report, but still No copy of the "so called" search warrant.... I noticed that it was not a probation search, and that it was actually a search warrant that was served.... Not much more information but that.... When requesting for the arrest report, I also requested a copy of the search warrant.... A small note at the end of the Arrest report stated that in order to obtain a copy of the search warrant, I need to file for discovery with the Stanislaus County Districts Attorney's Office....
I was about to be on my way to the District Attorney's Office to file for the Discovery so I could obtain a copy of the search warrant, yet decided to make a quick phone call to the D.A.'s office to find out what documents or identification# or case# to bring, when I was notified by the clerk or secretary who answered the phone that only my public defender or an attorney could file for the discovery in order to get a copy of the warrant, unless I was representing myself, in that case I would have to go before a judge to state on record that I was going to represent myself.... 1st off, I would be an idiot to try to represent myself, so that is out of the question, and 2nd, I do not go to court until August 26, and then I guess I could request the Discovery and request a copy of the Search Warrant.... By now, the search warrant could of been changed or altered and we would never know.... That is why upon entering our home, we asked to see the warrant to verify its authenticity.... Our rights have been violated....
After looking into various California and federal laws, I found out that a copy of the search warrant should be left with the receipt of the property taken, and furthermore that after a search warrant has been executed, All documents including the warrant is and by law should be public record.... If it is public record, I sure am having lots of trouble finding it anywhere.... A few days later I went back down to the police station to once again request a copy of the police report and a copy of the Search Warrant and the clerk stated that I probably wont see a copy of it until after my court date and until my attorney has filed a motion to get a copy of the warrant.... I asked that if a search warrant becomes available as public record once it has been executed, then shouldn't there be a copy for me to see to check the validity of it....? She stated no, but that I could request a copy of the warrant from the officer who served it to us originally.... She than found a number and extension for me to call the officer and wrote it down on a small piece of paper.... Since he never showed it to us that day, well then what makes it seem that he is going to show us a copy now, unless it has been altered or tampered with first.... Nobody knows but them....
The date is now August 12, 2009, 19 days after I was arrested.... In the mail came a letter from Section 8 and our property management, stating that our section 8 was terminated because of the incident that happened July 24th.... I have not been to court or have been seen in front of a judge not one time since I was arrested, yet me, my wife and all the children now have 60 days to move out of our residence.... It is not public record, yet, section 8 knows of the incident.... I thought that I am innocent until proven guilty in a court of law.... However the Housing Authority and our property management found out, I don't know, but what I do know is that they did and that before defending myself in a court of law, they have already passed judgement on me.... Before you punish my wife and our 4 children for my actions, at least let me defend myself.... If I end up being convicted, well then that would be a different story, but as of now, I have yet to be seen in front of a judge....
Please note that I am not saying that everybody is out to get me, or that I am an Angel, but what I am asking is that since I am a legal U.S. citizen and have been all my life, then don't I have Rights and due process....? Supposedly The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law....What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
SEARCH WARRANT IN MODESTO CALIFORNIA
On Friday, July 24, 2009 at approx. 4:50 PM at our home in Modesto, California, A "so called", yet, to this day still not seen, Search Warrant was apparently being served.... My wife was asleep in the master bedroom and our 4 children were taking a nap in their rooms.... I was in the master bedroom when I heard pounding at my front door.... I immediately headed to the front door and opened it to find numerous masked men, later to find out, The Narcotics Enforcement Team with numerous large guns pointing at me and soon after my wife heard the commotion and appeared with me at the front door.... Immediately after the door was opened, all I heard was get on the ground, get on the ground.... We did as they said and asked why they were here and they us to shut up.... As they entered un-announced into our home, I began to say very loudly that, "I do Not Give you Consent to be in my house and I Do Not give you consent to search!".... I said that if they were entering our home, then we have a Right to see a search warrant.... Show us the search warrant.... They told us to shut up as they put us in handcuffs and took us to the front lawn, searched us and then told us to sit down....
My wife and I then stated that we have 4 children in the back of the house sleeping in their bedrooms and that there is nobody else in the home but our 4 small children.... We also both repeatedly asked the officer standing over us that we have not seen any kind of document stating why they were in our house and searching thru our rooms.... We demanded to see a copy of a search warrant, yet we were ignored.... I asked numerous times to speak to a supervisor or the person in charge and finally the officer stated that we could talk to someone when we get to the police station.... We then asked what we were being charged with, and we were once again ignored.... We also asked, once again, why they were there and if they are in our home, that we deserve a right to see a warrant....
They then brought out our children and sat them on the lawn near us.... They were obviously a little shaken up, but, nevertheless, okay.... We told the kids that everything was going to be okay.... Soon after an officer came outside, looked at us and then looked at our children, then stated "Its pretty sad that the children look like they are used to this sort of thing".... Although we were very angry with what the officer said, we kept our cool.... The officer than proceeded to my vehicle parked in the driveway and began to search it.... My wife asked the officer if our neighbor, Jennifer could take the kids to her house for the time being.... To see both of their parents in handcuffs on the front lawn was the last thing we would of ever expected or would of wanted them to see.... The neighbor than took the children next door.... My wife and I then continued asking any and All of the officers that we have not given them consent to search our home and that we have a Right to see a warrant.... We also asked what we were being charged with yet no response.... Then the officer who made the comment about our children came back out to the front lawn and it appeared that he told his fellow officers to put us in the car and take us downtown.... They did just that....
After going downtown, instead of taking us to the jail, we were taken somewhere close to there to an office like building and put me and my wife in seperate rooms shackeled to the bench.... Soon after they called me into an interogation room and I was then read my rights.... After many questions and an hour or two had gone by, they then told me that my wife was being sent home and not charged.... That was wonderful to hear since my wife had no knowledge about anything that was going on and what was found in the search or even why.... They then took me to the jail closeby and I was booked.... On Sunday evening I was finally able to speak to my wife and was bailed out later that evening for $65,000 Bail....
After getting home, I realized that the entire house, including all 3 bedrooms, the kitchen, the living room and the garage were a mess, including numerous holes in the walls in the master bedroom and the garage.... My wife then showed me the pink copies of the receipts of the property of ours that was removed.... I asked if there was a copy of the search warrant with the receipt, and was told No, that was all that was left....
At the time the warrant was served, I was and still am on Informal Probation for a misdemeanor resisting arrest charge from 2008.... Here are my current charges: 11378 HS - Possesion of a controlled substance for sale, 11351 HS - Possesion/Purchase of a narcotic for sale, 11359 HS - Possesion of Marijuana for sale, 11370.1 HS - Possesion of controlled substance along with a loaded firearm, 12021 PC - Carrying a loaded gun, 12021.5 PC - Possesion of a firearm while in criminal street gang, 12316 (b)(1) PC - Felon in possesion of ammunition and 12520 PC - Possesion of a firearm silencer device....
Since no copy of the search warrant was ever shown to us during their un-announced raid of our home and no copy of the warrant was left with the receipt, I made a phone call or two but got nowhere.... 2 Days later I went down to the Modesto Police Department and asked for a copy of the arrest report as well as a copy of the ever illusive "search warrant".... None were currently available for me, however, as soon as they were that they will be mailed to me to our home.... 2 days later I received an arrest report, but still No copy of the "so called" search warrant.... I noticed that it was not a probation search, and that it was actually a search warrant that was served.... Not much more information but that.... When requesting for the arrest report, I also requested a copy of the search warrant.... A small note at the end of the Arrest report stated that in order to obtain a copy of the search warrant, I need to file for discovery with the Stanislaus County Districts Attorney's Office....
I was about to be on my way to the District Attorney's Office to file for the Discovery so I could obtain a copy of the search warrant, yet decided to make a quick phone call to the D.A.'s office to find out what documents or identification# or case# to bring, when I was notified by the clerk or secretary who answered the phone that only my public defender or an attorney could file for the discovery in order to get a copy of the warrant, unless I was representing myself, in that case I would have to go before a judge to state on record that I was going to represent myself.... 1st off, I would be an idiot to try to represent myself, so that is out of the question, and 2nd, I do not go to court until August 26, and then I guess I could request the Discovery and request a copy of the Search Warrant.... By now, the search warrant could of been changed or altered and we would never know.... That is why upon entering our home, we asked to see the warrant to verify its authenticity.... Our rights have been violated....
After looking into various California and federal laws, I found out that a copy of the search warrant should be left with the receipt of the property taken, and furthermore that after a search warrant has been executed, All documents including the warrant is and by law should be public record.... If it is public record, I sure am having lots of trouble finding it anywhere.... A few days later I went back down to the police station to once again request a copy of the police report and a copy of the Search Warrant and the clerk stated that I probably wont see a copy of it until after my court date and until my attorney has filed a motion to get a copy of the warrant.... I asked that if a search warrant becomes available as public record once it has been executed, then shouldn't there be a copy for me to see to check the validity of it....? She stated no, but that I could request a copy of the warrant from the officer who served it to us originally.... She than found a number and extension for me to call the officer and wrote it down on a small piece of paper.... Since he never showed it to us that day, well then what makes it seem that he is going to show us a copy now, unless it has been altered or tampered with first.... Nobody knows but them....
The date is now August 12, 2009, 19 days after I was arrested.... In the mail came a letter from Section 8 and our property management, stating that our section 8 was terminated because of the incident that happened July 24th.... I have not been to court or have been seen in front of a judge not one time since I was arrested, yet me, my wife and all the children now have 60 days to move out of our residence.... It is not public record, yet, section 8 knows of the incident.... I thought that I am innocent until proven guilty in a court of law.... However the Housing Authority and our property management found out, I don't know, but what I do know is that they did and that before defending myself in a court of law, they have already passed judgement on me.... Before you punish my wife and our 4 children for my actions, at least let me defend myself.... If I end up being convicted, well then that would be a different story, but as of now, I have yet to be seen in front of a judge....
Please note that I am not saying that everybody is out to get me, or that I am an Angel, but what I am asking is that since I am a legal U.S. citizen and have been all my life, then don't I have Rights and due process....? Supposedly The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law....What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?