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Possible illegal search, roommate comited crim when i was not home

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DownwardSpiral

Junior Member
Arizona, 21 years old, 4 bedroom 2 bath apartment w/kitchen and living room, i am the primary lease holder.

Hello, i live in Flagstaff Arizona. I recentley fell into an awful mess which is slowly destroying my young life. If anyone could help me with my question or notices anything about my case worth mentioning please let me know. i will be iternaly greatful :)

Several days ago i was attending a class at my local university, i had been at the school for about 5 hours since i had last been home. Upon walking down my street i noticed several emergency vehicles in front of my APARTMENT. I slowly walked forward and witnessed several emergency personel carrying what appeared to be my roomate on a stretcher down the stairs and intoan ambulence. it quickly sped away. i continued to walk towards my apartment while observing multipole police running in and out of the house and another roomate of mine crying with her boyfriend in front of the apartment.

It turns out that WHILE I WAS AT SCHOOL one of my roommates living in a seperate room than i, had been doing heroin and oopseedaisy, he overdosed. his girlfriend, also a roomate staying in his room, had alerted another roomate of mine, who resides in a seperate room of what had happened, that roomate then contacted 911.

I heard what had happened to my roomate and after understanding that they just barley got his heart beating again i was relieved. The police had found multiple syringes in thier room, supposedley a large amount of black tar heroin, meth and paraphanilia (yuck :eek: ) The police asked i and the other roomate that was there if we knew anything about his drug use and if we had any drugs. we both respondfed no except for the fact that we knew he drank a lot and ocasionaly smoked marijuana.

The police then asked who a specific room belonged to and i said it was mine. The door was locked and i hadnt walked to that end of the room yet, ie it was locked from when i was home several hours earlier. They asked if i would open it to see if anyoen was in there. I told them it was locked but reluctantly opend the door quickly enough for them to see there was no one in there. i then closed and locked the door.

For several minutes i tried to bring things back to normal in the living room, cleaning up etc. It was then that the police asked me if they could search my room. i said IM SORRY BUT I DO NOT CONSENT TO A SEARCH. i REPEATED myself several times while being told it didnt make things look very good for me, that it made them suspicious. I continued to clean and eat a bowl of cereal. Eventually i told them i wanted to leave, but that i had to grab my girlfriends stuff out of my room as well as soem homework. this is true.

They allowed me to go in my room with the door open so they could see me. i did not allow them into my room, i still did not consent to a search and there was nothing that gave them any cause to come into the room with out my consent. It was then that the head narcotics investigator showed up and asked me again if he could search. i told him no. thats when he said he knew i had stuff in there (?!) and that he would get a warrant. I went ahead and told him no and he left to go get one. i went back into my room. it was when i was resting in my room that the police seargent ran into my house shocked that they would allow me in MY ROOM where NOTHING had HAPPEND concerning my dumb roommate. He pulled me out with plenty of drama.

They told me that i had to leave now or sit on the couch quietley and not to move. i said let me out. Thats when they pounced. They made me spread my legs, and put my hands on the door. An officer patted me down and reached his hand in my pockets and all over where i didnt feel his hand belonged.

Thats where the drama really starts.

When i was in my room i had recalled that i had an old marijuana pipe (i hadnt used in months) which was shaped and colored like a regular sized cigarette. i placed it in my pocket in hope to dispose of it. He found it along with an empty vial i owned which i felt would look suspicious. I also had my keys, my wallet, some of my liquid medication wich had my name on it and the doctors, totally legal. They cuffed me and booked me. i spent the night in jail and they where able to obtain a search warrant wich mentioned i had been arrested for drug paraphanelia. THe whole house was taken apart.

WHAT GAVE THE POLICE THE RIGHT TO SEARCH MY PERSON? I feel that they had no right what so ever, that they may have worried that i could have taken something from my room but it was not part of the crime.

please someoen advise on this situation. in my room they found questionable items wich i fear they may manipulate into something that could make me look like an awfully unlawful person. hint; im a chemistry an biology major.

thanks againWhat is the name of your state (only U.S. law)?
 


outonbail

Senior Member
in my room they found questionable items wich i fear they may manipulate into something that could make me look like an awfully unlawful person. hint; im a chemistry an biology major.

Chemistry & Biology major huh,,,, I was thinking maybe English was your major?

Lets see, the hint is chemistry & biology,,,, Oh I know, they found a frog cadaver you were doing an autopsy on?

Did I get it right?

Because yes, finding a half dissected frog cadaver in your room, could make you look like a bad guy.

So, did the police call in Haz-Mat to disassemble Dr. Jekyll's lab?
 
WHAT GAVE THE POLICE THE RIGHT TO SEARCH MY PERSON?

The overdose of your roommate gave the police probable cause to enter and further conduct a plain sight search of the area. Unless you are specifically assigned to that room in the lease each room is considered to be equally possessed by each lease holder. The police got a warrant so they could cover their bases when they charge you with soe serious felonies. They searched you because you entered your room to remove evidence of your drug use. You do not have a case,
 

tranquility

Senior Member
There are many things which the police may do in this situation. It is/was problematical you went into a locked room they wanted to search and then you wanted to leave. I am uncertain as to the reason why they searched you. There is no way to guess without the police side as there are many possibilities. Get a lawyer, wait for discovery, look up case law then.
 
hint; im a chemistry an biology major.

Wow, really? REALLY?!? To think, all this time I thought I graduated at the top of my biology major/math minor class based on my merits :( I didn't realize that the other students couldn't spell the word eternally :( I now have to evaluate my life all over again.
 

CdwJava

Senior Member
It turns out that WHILE I WAS AT SCHOOL one of my roommates living in a seperate room than i, had been doing heroin and oopseedaisy, he overdosed.
And none of you ever had a clue that the drugged out state he was frequently in was due to drug use? :rolleyes: Heroin users are ... uh ... rather obvious, when they are using. Add heroin, and you have some all new stuff - perhaps, chasing the dragon? This is NOT a weekend warrior, this is a guy with a problem and I find it difficult to believe that none of you had a clue. Chances are the cops thought that, too.

They told me that i had to leave now or sit on the couch quietley and not to move. i said let me out. Thats when they pounced. They made me spread my legs, and put my hands on the door. An officer patted me down and reached his hand in my pockets and all over where i didnt feel his hand belonged.
I suspect the sergeant felt it was a mistake to let you go in to and out of a room where they suspected there might be drugs. hence the reason for the detention while they got the warrant. The search in the pockets may have been outside the norm absent some articulable exigence.

When i was in my room i had recalled that i had an old marijuana pipe (i hadnt used in months) which was shaped and colored like a regular sized cigarette. i placed it in my pocket in hope to dispose of it.
THAT is why the sergeant came unglued! THAT is why the officers should never have let you back into that room unescorted while they were seeking a search warrant.

WHAT GAVE THE POLICE THE RIGHT TO SEARCH MY PERSON? I feel that they had no right what so ever, that they may have worried that i could have taken something from my room but it was not part of the crime.
That will have to be articulated at trial. Hopefully they also articulated this in the report. Without knowing the officer's justification for the intrusive search, it's hard to say why they did it.

I suspect that they found a lot of stuff in the apartment that they should not have, and I suspect that most everyone there was involved in drug use ... hence, the reason the one roommate felt comfortable enough to shoot heroin and do meth in there.

- Carl
 

DownwardSpiral

Junior Member
Thanks

Well thank you to those of you whom left serious replies. Yes i had an idea he was doing drugs, as i said i knew he was. he drank every morning untill he passed out, along with his girlfriend. he also smoked pot in the house which i mentioned, something i eventually got him to stop doing at least when i was there. The meth i was told was something new though yes i do feel dumb not noticing it. i always thought laying in bed all day and stumbling around was due to the handle of vodka he drank with his girlfriend all day.

Sorry about the terrible spelling and well terrible post. if you noticev the time it was submitted, its 12am. i was being asked to leave the library at school before it was even finished. So i apologize for the poor quality of the message, as well as this one ;)

Well the general thought seems to be that full on search that i recieve was not exactly something that would normaly happen in the situation i mentioned above. yes they did think i had something in my room and that i was lying but they had no reason to believe so rather than the fact that my room mate was a user.

nothing was found in the other two room of my two other room mates btw and one of which is an EMT, like me did not take much notice of tihs couple because we where and are never home.

so tomorow when i head to court

i plan on either no contest in order to just make this whole situation go away. i assume ill be hit with probation of hopefully defered prosecution. I have been arrested once and i recieved defered prosecution which i finished. That was for (no kidding) minor in possesion of alcohol, i was brewing 2 different batches for my 21st birthday which was 7 days after i was caught. the beer was fermenting for about 1.5 weeks. Does this prior minor in consumption count as a first offense, and this a second even though that was removed (?) and these are different types of charges, though both drug related?

The other option that im considering is not guilty. with this i would argue that it was an illegal search and seizure when the officer frisked me before a warrant was served for my house including my room.

What do you guys think i should do? im open to anything even critamasisium of my righting scils
;)

Thank you again, i just cant decide wich of the two to go with and what i should do before tomorow morning, depending on which of the two option i choose.

btw i have to run, no time for editing, time to pick up family from the airport ;)
 

tranquility

Senior Member
Well the general thought seems to be that full on search that i recieve was not exactly something that would normaly happen in the situation i mentioned above.
I disagree. Going into a room the police wanted to search and have some privacy there is a real problem to your argument.

I would have to know the facts and issues exactly to even hazard a guess as to how a judge will see this. Obviously, if the police were serious about getting a warrant, letting you back into the room for some privacy is, um...poor judgment. I can understand why the sergeant acted as he did and believe it will be found to be reasonable in law, but the police tactics may change in the future from the error. Now, if they tricked you or used a ruse to get you into the room, in the actual hope to follow you and arrest you and get a search of your person, that may be a problem. But that doesn't seem to be the case from your facts.

I believe Carl is right the police had a right to detain you and wait for a warrant to search you. I'll go farther and bet they will have the right to immediately pat you down for weapons on the exit of the room. Once they found something on you as probable cause to arrest, they had the right to search your "wingspan" which is a lot bigger than where you can reach when you stretch your arms. Maybe back into the room you just left and without a warrant.

For legal advice like how to plead, see an attorney with knowledge of your facts.
 

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