H
hoj527
Guest
What is the name of your state? TEXAS
My wife was arrested on a charge of Possession of a Controlled Substance by Fraud.
She had taken our sick 10 year old to see the family doctor. While she was there, she inquired about a refill for her Xanax prescription, which he wrote. She returned home and faxed the prescription to our usual pharmacy. I was to pick it up on my way home from my out of town job, so she wouldn't have to drag our son all over town.
Two days later, she gets a knock on the gate of our house and its the Animal Control Officer. Thinking one of our dogs is out, she goes out the gate and out to the street to talk to the Animal Control Officer. While standing in the street, three narcotics officers swarm in and say they have a warrant for her arrest and search warrant. She asked repeatedly to see the warrant, but the officers refused and put her in the car and sent her off.
I was on my way home from work and came in on three men trashing my house. My 18 year old son and two of his friends were sitting on the couch in the living room not saying a word. I asked the men who they were and what they were doing and they proceeded to ask me they same. When I said I was the owner of the house, they searched me and then told me my wife had been arrested and that they had a search warrant. I asked to see it and was given the run around. 15 or 20 minutes later, and after having asked several more times, they gave it to me.
It was a warrant for arrest of my wife and search of her immediate area. There was no address, no description of the property, and nothing listed as to what they were looking for. During the search they found a prescription from an out of state pharmacy for Phenteramine that she had purchased from an online pharmacy (using their doctor for the prescription). 2nd Felony charge of Possession of a Controlled Substance by Fraud.
While searching the premises, they found a joint in my son's room and some "white powdery residue" in the bathroom. They say its Meth and go crazy. 3rd Felony charge of Possession of a Controlled Substance plus a Misdemeanor for the pot.
They begin their search all over again. They get her private diary out of our bedroom and begin reading it and there is a passage where she confesses to me that a friend had got her started on the Meth to help her loose weight. Never using much, just enough to curb her appetite. I never knew or suspected.
They then accuse me of using Meth also and make me show my arms to see if I have any track marks. This was even after I told them they my job required me to submit to drug testing and I didn't know anything about the Meth. I offered to take a test right then but they said I didn't need to.
They confiscate her diary, our computer and all related hardware, our printer/fax/scanner unit and say it was used in the commision of a Felony.
I have received a Civil Citation of Original Notice of Seizure and Intended Forfeiture. This Civil case comes before the court in about a week, months before the Felonies.
My questions: Was the search valid with no description of the property or address and no description of what they were searching for? They used the Animal Control Officer to get her out of the house because we have a 120# Rottweiler. She was arrested in the middle of the street, about 30 yards from the gate into our yard plus another 20 feet to the front door of the house. Is the inside of the house considered her immediate area?
We have talked to the doctor and he said he wrote the prescription for the Xanax, but didn't chart it because he was seeing my son. The police talked to his assistant who looked at her chart and said no prescription was written on that day.
I don't condone her use of Meth, but what are her chances in all of this?
Sorry for being so long winded, but I needed to get all the facts out.
TIA
My wife was arrested on a charge of Possession of a Controlled Substance by Fraud.
She had taken our sick 10 year old to see the family doctor. While she was there, she inquired about a refill for her Xanax prescription, which he wrote. She returned home and faxed the prescription to our usual pharmacy. I was to pick it up on my way home from my out of town job, so she wouldn't have to drag our son all over town.
Two days later, she gets a knock on the gate of our house and its the Animal Control Officer. Thinking one of our dogs is out, she goes out the gate and out to the street to talk to the Animal Control Officer. While standing in the street, three narcotics officers swarm in and say they have a warrant for her arrest and search warrant. She asked repeatedly to see the warrant, but the officers refused and put her in the car and sent her off.
I was on my way home from work and came in on three men trashing my house. My 18 year old son and two of his friends were sitting on the couch in the living room not saying a word. I asked the men who they were and what they were doing and they proceeded to ask me they same. When I said I was the owner of the house, they searched me and then told me my wife had been arrested and that they had a search warrant. I asked to see it and was given the run around. 15 or 20 minutes later, and after having asked several more times, they gave it to me.
It was a warrant for arrest of my wife and search of her immediate area. There was no address, no description of the property, and nothing listed as to what they were looking for. During the search they found a prescription from an out of state pharmacy for Phenteramine that she had purchased from an online pharmacy (using their doctor for the prescription). 2nd Felony charge of Possession of a Controlled Substance by Fraud.
While searching the premises, they found a joint in my son's room and some "white powdery residue" in the bathroom. They say its Meth and go crazy. 3rd Felony charge of Possession of a Controlled Substance plus a Misdemeanor for the pot.
They begin their search all over again. They get her private diary out of our bedroom and begin reading it and there is a passage where she confesses to me that a friend had got her started on the Meth to help her loose weight. Never using much, just enough to curb her appetite. I never knew or suspected.
They then accuse me of using Meth also and make me show my arms to see if I have any track marks. This was even after I told them they my job required me to submit to drug testing and I didn't know anything about the Meth. I offered to take a test right then but they said I didn't need to.
They confiscate her diary, our computer and all related hardware, our printer/fax/scanner unit and say it was used in the commision of a Felony.
I have received a Civil Citation of Original Notice of Seizure and Intended Forfeiture. This Civil case comes before the court in about a week, months before the Felonies.
My questions: Was the search valid with no description of the property or address and no description of what they were searching for? They used the Animal Control Officer to get her out of the house because we have a 120# Rottweiler. She was arrested in the middle of the street, about 30 yards from the gate into our yard plus another 20 feet to the front door of the house. Is the inside of the house considered her immediate area?
We have talked to the doctor and he said he wrote the prescription for the Xanax, but didn't chart it because he was seeing my son. The police talked to his assistant who looked at her chart and said no prescription was written on that day.
I don't condone her use of Meth, but what are her chances in all of this?
Sorry for being so long winded, but I needed to get all the facts out.
TIA