Illegal Entry aka Police Committed Breaking and Entering

[BeGone]

What is the name of your state? Missouri

well i got a knock at my door. i was in the bathroom taking a dump at the time. i started to hurry myself out of the bathroom, had to wipe etc. when i walked into my living room the cops had opened my unlocked door and had their guns out. i later found out after being cuffed that they said "a package addressed to you had came open at the post office and a syringe fell out", i knew what this syringe was and told them. it was a mushroom spore syringe i had bought from www.sporeworks.com and the spores ARE legal in my state, as they do not contain any drugs. well they said they didnt have a warrant but they had probable cause to enter my home because they heard me inside the house and i didnt answer which gave them the thought that i was destroying evidence.

can they use a LEGAL item they found in MY MAIL!!!! the mail was opened when they showed it to me, as probable cause to think that a crime had been committed and thus use that reason to enter my house when i didnt answer immediatly? once again they opened my unlocked door with their guns drawn, took me into the hallway and cuffed me while i was face down on the floor and my neighbors were watching.

i always thought they had to have proof of a crime to use the probable cause for entry.

please give me some advice as i cant see a lawyer til friday. these events happened yesterday.

 

[seniorjudge]

Q: i always thought they had to have proof of a crime to use the probable cause for entry.

A: No, they need probable cause that evidence is being destroyed (among other things). There was a syringe in your mail, they go to your house and hear the toilet flushing, and you do not open the door. Probable cause due to exigent circumstances.

Make sure your lawyer reads this:

http://www.mobar.org/journal/1999/janfeb/swingle.htm

 

[laurenamber]

Were you actuall arrested? If so, they will set a court date, and I am sure that everything will be dropped based on what you are saying.

 

[mlane58]

well i got a knock at my door. i was in the bathroom taking a dump at the time. i started to hurry myself out of the bathroom, had to wipe etc.

Who Wipes?

 

[Kane]

You didn't say whether you were arrested and charged with anything.

If not, I assume you're going to see a lawyer because you want to sue. Make sure you're seeing a civil lawyer, not a criminal lawyer. Criminal lawyers defend people who are charged with crimes in criminal court. If you want to sue somebody (even the police), you need a civil lawyer.

I'm not a civil lawyer, but I can tell you a couple of things about suing the police. The first is that it's harder than suing a private citizen. Police are entitled to certain protections against civil suits, by virtue of their employment. The second is that in any suit for damages, the amount you can win is tied to the damages you suffered. In other words, if the damages you suffered were minimal (broken door, embarassment), your damages will be minimal as well.

You might consider going through the police complaint procedure, rather than filing a suit.

If you were arrested, then you may be able to get any evidence seized as a result of an illegal search or arrest suppressed.

In my opinion, based on what you've said, the entry into your home was unlawful. In the first place, the police had plenty of time to get a warrant. In the second, a person can get a syringe for any number of reasons, including being a diabetic. If no evidence was seized as a result of the search or arrest, however, then there will be nothing to suppress.

Were you arrested and/or charged with anything?

 

[BeGone]

damn cops

Missouri

no i was not charged or arrested, they said they would present all the evidence to the prosecutor and if i was to be charged then they would send me a court summons in the mail or bring it by my apartment.

i watched them label all the evidence bag it up etc, like a real bad crime scene.

they found 2 small mushrooms which were illegal. schedule one substance.

but yet they didnt arrest me.

i talked to a lawyer less than 20 mins ago, he said to call him if they ever pressed charges but he told me it could be months or even a year before i even heard back from them.

i'm moving to another state in March. what shuld i do about all of this?

 

[seniorjudge]

...they found 2 small mushrooms which were illegal. schedule one substance....

Any other facts you left out?

What county (or city) is this in?

 

[BeGone]

..

it happened in Pulaski county, a very corrupt county. In fact the cops claimed someone leaned on the front door before they heard the "bumping", they never said they heard a toilet flush. in fact the bathroom was one of the few places they didnt even search.

i could be charged with the possession and intent to manufacture a schedule one narcotic, psilocybin.

however they found no actual mushrooms growing at the time but claimed the few things i did have was a "mushrrom lab".

they also found my pot pipe and grinder and said that would be a separate charge seeing as they didnt know if i would be charged with the other stuff the seized.

 

[Kane]

Where I live, they would have arrested you at the scene. I'm not sure what they're waiting for. However, they do things differently in every state.

If you weren't arrested or charged with anything, all you can do is call the appropriate agency (probably the prosecutor's office) on a regular basis and ask them if they've decided to file to charges yet. If they do file charges you'll need a lawyer to represent you (and file a motion to suppress), and either a lawyer or a bail bondsman to help you make bond.

I'm not sure what the statute of limitations for psilocybin is in MO. SeniorJudge might know.

 

[RedemptionMan]

they are going to say and do things that makes you look as bad as they possibly can make you look. I would not go and complain on them --- cause A. it will not do any good and B. it will just piss them off more. You should discuss your options with a civil rights attorney. Did they charge you or issue a state citation for you to appear in court?

 

[Some Random Guy]

Its way too early to delclare this an unlawful entry. The judge will determine if the exigent circumstances excuse for entry was warranted.

We need more facts in this case, such as whether the police knew what was in the syringe and whether the OP was arrested or charged with anything.

Who Wipes?

Didn't your mother tell you to have clean underwear for just these situations?

 

[BeGone]

..

i was NOT given a citation, i was NOT arrested , and i was NOT given a court date for the people who are still asking.

they said they would see what the prosecutor wanted to do, then they'd contact me IF they wanted to press charges. how would i find out if they decided not to and they never told me?

should i call the attorney general? as someone online has suggested?

aslo it seemed as though they had no idea what was in the syringe, i say this cuz they first asked me 3 questions.

1. is this illegal? i told them no (and it wasnt illegal)
2. is this a biological pathogen? told them no which is also true
3. they asked what it was. i told them "mushroom spores" i never stated they were psilocybin spores.

 

[BeGone]

..

Any other facts you left out?

What county (or city) is this in?

Saint Robert , Pulaski County


what i really need to know is what are my chances of getting this evidence suppressed if they decide to press charges? based on the way they entered because of a legal item that was in my mail.

 

[Zephyr]

I think their justification for entry is flawed at the start- your package came open at the post office, if, as you say, the items in the package were for whatever legal spore thing, there would be the syringe, maybe some pamphlets, spores even?. so the package in and of itself should not have been probable cause for anything other than someone calling you to tell you a package had been damaged en route.

but....as usual there may be more to this story

 

[RedemptionMan]

i was NOT given a citation, i was NOT arrested , and i was NOT given a court date for the people who are still asking.

they said they would see what the prosecutor wanted to do, then they'd contact me IF they wanted to press charges. how would i find out if they decided not to and they never told me?

should i call the attorney general? as someone online has suggested?

aslo it seemed as though they had no idea what was in the syringe, i say this cuz they first asked me 3 questions.

1. is this illegal? i told them no (and it wasnt illegal)
2. is this a biological pathogen? told them no which is also true
3. they asked what it was. i told them "mushroom spores" i never stated they were psilocybin spores.

Yeah they do not want to waste the paperwork on you if the prosecutor will not prosecute it to begin with -- it does sound kinda like where I live.... all you can do is wait and see... which sucks.. Make sure that you stay up on this and check with the courts cause they could try and pull a slick one where they set a P&A date ASAP and you have no idea as to when that is and then do not show up and have a warrant issued for you. Find a couple of attorneys to tell your story to -- pick some one criminal and one civil that way you can be prepared for whatever they throw at you. I would say that it sounds over zealous but that is only if they prosecute you... good luck....