false evidence plant and illegal search

Tennessee

My neighbors and I have had trouble since their son (33 years old) burglarized my house and assaulted me in which he was arrested and plead guilty. I use medical marijuana as do his parents and we used to help each other. Now we don't speak and the mother threatened me. I was arrested at my house and the police's probable cause was 6 baggies with marijuana residue that was in my garbage can (I did NOT put them there) and they said my garbage can was in the street (I never put it out that day because I wasn't feeling well and never left my house that day and didn't put it out the night before.
I know my neighbors plated it because it says in the affidavit of probable cause that they got a call that I was a dealer and to look in my garbage.
I hired an attorney but he wants me to plea and I can't afford a trial.
I'm also told that the police do not have to prove my garbage can was on the street. What can I do?
When the police came in they broke my nose handcuffed me a beat the crap out of me. I asked for their warrant and they said no. I said I didn't want to talk to them and wanted to speak to an attorney and they again said no.
Then they had my 9 month old German Shepherd puppy in a choke chain, pointed their guns at her and said I was going to confess or she would be killed in which I said what they wanted to hear and was intensely distressed. that's how they got a false confession. I can't seem to find anyone to help me get justice. What can I do?

stevebest2 said:

Tennessee

My neighbors and I have had trouble since their son (33 years old) burglarized my house and assaulted me in which he was arrested and plead guilty. I use medical marijuana as do his parents and we used to help each other. Now we don't speak and the mother threatened me. I was arrested at my house and the police's probable cause was 6 baggies with marijuana residue that was in my garbage can (I did NOT put them there) and they said my garbage can was in the street (I never put it out that day because I wasn't feeling well and never left my house that day and didn't put it out the night before.
I know my neighbors plated it because it says in the affidavit of probable cause that they got a call that I was a dealer and to look in my garbage.
I hired an attorney but he wants me to plea and I can't afford a trial.
I'm also told that the police do not have to prove my garbage can was on the street. What can I do?
When the police came in they broke my nose handcuffed me a beat the crap out of me. I asked for their warrant and they said no. I said I didn't want to talk to them and wanted to speak to an attorney and they again said no.
Then they had my 9 month old German Shepherd puppy in a choke chain, pointed their guns at her and said I was going to confess or she would be killed in which I said what they wanted to hear and was intensely distressed. that's how they got a false confession. I can't seem to find anyone to help me get justice. What can I do?

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Listen to your attorney.

If you are alleging all this police misconduct and have the ability to cast reasonable doubt on the evidence, then it is surprising that your attorney would encourage you to take a plea. You'd think that medical evidence would be compelling ... or ... do the police contend that you fought with them or some such thing?

The attorney - even if appointed by the state - works for you. If you do not want to plead, then he is obligated to go to trial. Or, you can hire another attorney if you can raise the money. I just find it hard to believe that if you were beaten and they had no other evidence except for baggies in the trash that your attorney would not see the possibility of something potentially advantageous here.

Then they had my 9 month old German Shepherd puppy in a choke chain, pointed their guns at her and said I was going to confess or she would be killed in which I said what they wanted to hear and was intensely distressed. that's how they got a false confession.


Really I call BS on this statement. All that medicine has damaged your brain

CdwJava said:

If you are alleging all this police misconduct and have the ability to cast reasonable doubt on the evidence, then it is surprising that your attorney would encourage you to take a plea. You'd think that medical evidence would be compelling ... or ... do the police contend that you fought with them or some such thing?

The attorney - even if appointed by the state - works for you. If you do not want to plead, then he is obligated to go to trial. Or, you can hire another attorney if you can raise the money. I just find it hard to believe that if you were beaten and they had no other evidence except for baggies in the trash that your attorney would not see the possibility of something potentially advantageous here.

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You would think so!! I've asked him to have them check the baggies for fingerprints and have the police provide proof my garbage can was out on the streetsay a photo, but he knows my finacial situation and if I go to trial I could lose and go to jail. I am going to try the ACLU next. If I didn't believe this is what happened I wouldn't be posting here to find out what I can do

stevebest2 said:

You would think so!! I've asked him to have them check the baggies for fingerprints and have the police provide proof my garbage can was out on the streetsay a photo, but he knows my finacial situation and if I go to trial I could lose and go to jail. I am going to try the ACLU next. If I didn't believe this is what happened I wouldn't be posting here to find out what I can do

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It is doubtful they will print the bag as a lack of prints will not prove you did not manipulate them, only that you did not get prints on them. And no photo of the trash is required, only their testimony.

But, you will have to come up with some seriously compelling evidence to show that the police have a motive to risk federal prison to beat you and fabricate evidence against you. They did not do that to John Gotti, so why would they do it to you?

Again, if you have a court appointed attorney, you can choose to go to trial and the state has to pick up the tab. If you lose, they might tack on part of those costs to any fines you have to pay, but you do have the lawful right to reject a deal and make them prove the case at trial.

You can also engage an attorney about possible civil action against the officers who you believe mistreated you. But, if the police are alleging you fought with them and your injuries (as documented by a medical professional) are consistent with that account, then prevailing in a civil suit might be impossible.

Planted evidence

What about a civil suit against my neighbors for planting the evidence? I see them and their son (who is on probation with drug testing) still doing drug deals on my street and my attorney and the detective that arrested me want me to set them up or do a drug buy to get points with the DA. I wasn't using the weed for partying. It was the only relief I could get from RA and problems with my liver from previous antibiotic medication from an operation from a brown recluse bite from 2 years ago where I almost lost my arm. I hate taking the pain pills and other meds.
I guess I should just take my plea and be done with it. I just feel that there is no justice for the poor. I have nothing on my previous record and I am 58 years old so they know I am not a criminal.

Also, it wasn't the police that planted the evidence, it was the neighbor. Then she called them and said to look in my garbage. How obvious was that? And when the police knocked on my door I said I was opening the door and as soon as I did, the used a battering ram and broke my nose and open an artery in my head (that required 3 stitches ) and had me in cuffs in 15 seconds. Then proceeded to take turns pushing my face into my rug where there is still a major blood stain.
As far as the garbage, when I finally got home from pre-trial, my garbage was still in my carport full. Unless they brought it in for me and refilled it!
That's how I know it wasn't on the street.
Also, I had just cash a check for $8000 for a settle I received (the brown recluse bite happened a work) and they took that although I had all the paperwork from my lawyer to prove where it came from. They are now going to make me an offer as to how much they are going to give me back from this.
I've learned one thing from this. Neighbors are ok to say hi to just don't get involved with them.
One more thing. I have found out through the other neighbors on the street the these people and there son have been terrorizing everyone here for 15 years since their son was 13. He has a rap sheet 5 pages long and they do everything to lie for him to keep him out of jail.

stevebest2 said:

What about a civil suit against my neighbors for planting the evidence?

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And you can prove that, I presume?

I wasn't using the weed for partying. It was the only relief I could get from RA and problems with my liver from previous antibiotic medication from an operation from a brown recluse bite from 2 years ago where I almost lost my arm. I hate taking the pain pills and other meds.

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So, if you use marijuana medicinally, it is easy to understand why the police might suspect that the baggies are yours.

However, it seems that TN does not have a medicinal use law, so this is probably why your attorney thinks your case is kind of a dog.

I guess I should just take my plea and be done with it. I just feel that there is no justice for the poor. I have nothing on my previous record and I am 58 years old so they know I am not a criminal.

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I hate to say it, but by definition if you violate the law concerning marijuana possession you have committed a criminal act.

Also, it wasn't the police that planted the evidence, it was the neighbor. Then she called them and said to look in my garbage. How obvious was that?

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It certainly lends itself to the possibility it was planted, but the police are able to rely on that evidence and act accordingly unless they have reason to believe the evidence might not be good.

And when the police knocked on my door I said I was opening the door and as soon as I did, the used a battering ram and broke my nose and open an artery in my head (that required 3 stitches ) and had me in cuffs in 15 seconds.

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Whether they waited a reasonable amount of time or not I do no know. I do not know what a reasonable amount of time is under the law in TN, but several seconds could be sufficient. And when serving drug warrants, there are often no-knock warrants issued because of the possibility of evidence destruction or suspects arming themselves.

It sounds like the injury was unintentional and thus I can see that there may well be no civil action that can be brought against the police for that.

Then proceeded to take turns pushing my face into my rug where there is still a major blood stain.

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Was that when they were cuffing you or holding you while they cleared (searched) the residence for any other occupants? Again, that might be seen as reasonable. But, you can still make a claim for any injuries.

As far as the garbage, when I finally got home from pre-trial, my garbage was still in my carport full. Unless they brought it in for me and refilled it!
That's how I know it wasn't on the street.

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It may have been in a garbage bag or something else ... that's information your attorney should be able to obtain by reading the report. The officers should indicate how the garbage was located, where it was located, and how they determined it was yours.

I don't know what to tell you ... it doesn't sound too good.