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unlawful search and seizer

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conser6

Junior Member
Arizona , Officers came to my house (while i was at my parents house across the way) they went in with a warrant that has another Ladies name and states that they came at 6:00 pm , When they came at 10:30 pm and in the warrant it states that anything on her possesion, except the on the search warrant was made for my address but not my name and my home is not in my name it is in my boyfriends name ... the officer told me because i reside there and my boyfriend was gone that week , that the drugs paraphernalia that came out of the house would be filed on me and they did file but the county attornery told me to come in within the week i talked to him and he won't file but he will place me on diversion for 2 years, is the evidence they have submissive in the court of law?What is the name of your state I live in Arizona
 
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Some Random Guy

Senior Member
Diversion sounds like a good deal here.

What you failed to indicate in your post was
1. Who was this 'other lady' and why did they think she was in the house?
2. Was she in fact found in the house?
3. Where and when did they find the paraphenalia?

If you want to claim its not your house, then you have no right to claim an expectation of privacy in that home - your boyfriend would be the one with standing to challenge any evidence used against him.
 

conser6

Junior Member
never saw the lady before

"NO" The lady has never been in my house.. She was not in the house when they served the warrant... They Found the paraphernalia Upon Serving the warrant on the lady ... and they search the house the night before with out a warrant and when they served the warrant they went directly i guess to were the paraphernalia was and found stuff i didnt even know was in the house . like before i was staying there it wasn't even my house , not in my name or anything !!!!!
 

CdwJava

Senior Member
If the contraband was found in a place where you would have reasonable knowledge and control over them, then you can be charged and convicted. Also, it is possible they have additional evidence such as controlled buys, witnesses, informants, etc., or other evidence that might implicate you.

If, after review, the DA does not think that you can be tied to the items, then I suspect only your boyfriend will be implicated.

But, if you were sleeping in his bed and the contraband was found next to the bed, it is going to be hard to deny it.

If there is any fault with the warrant, then your attorney can address it. A name on a search warrant is not as important as the address and description of the property to be searched. Your attorney can get a copy of all reports and the affidavit in support of the warrant as part of pre-trial discovery.

- Carl
 
Start with defense attorneys with the biggest adds. Of course the DA isn't interested in filing (against the PD). A Judge authorized the warrent on the testomony from the Police or DA. What they did was illegal.
 

CdwJava

Senior Member
Start with defense attorneys with the biggest adds. Of course the DA isn't interested in filing (against the PD). A Judge authorized the warrent on the testomony from the Police or DA. What they did was illegal.
What was "illegal" in your opinion?

The entry MIGHT have been unlawful, but without seeing the affidavit or the warrant, how can you leap to such a conclusion?

If the warrant contained the proper address and description, and the scope of the search was not exceeded, then I don't see a problem with the warrant. Tying the items found to the original poster might be difficult ... unless, of course, the contraband was found in her stuff or next to where she had been sitting, sleeping, or in some other common place.

Certainly she needs a defense attorney to review the facts, but there is nothing here to say that anything was done improperly.

- carl
 
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