4th amendment

[sire696969]

What is the name of your state? california

 

[sire696969]

My house got raided, I open the backyard door so they would not break it. police came in and started searching. has they were in .sat me down and stated a name that was a 4th waiver. i told them he lives down stairs in that room.what does that have to do with me. they ask me to sign a consent form i said no numeris time then 30 to 40 min later i did sign so they would stop breaking things plus i had nothing to hide. I was set up. was my 4th amendment rights violated even thou i sign that paper 30to 40 mins after, no warrant....4th wavier was cuff way before i sign that paper

 

[justalayman]

What do you mean by “downstairs”? Are there separate units with no share spaces?

 

[sire696969]

house i rented out a room

 

[justalayman]

Are you concerned with them searching your room or other areas of the house?

 

[sire696969]

before they left they show me scales and baggies that they found in my room two week later i was charge for meth that they said that they found in my drawer because they said they saw a pipe on top of my desk. this is upstairs

 

[justalayman]

Then your attorney needs to review all of the facts to determine whether the results of the search can be suppressed.

 

[sire696969]

he tried . judge over rule. i ask for body cam that only had one out of 12. it does show and they search the whole house before i sign that paper.

 

[Taxing Matters]

he tried . judge over rule.

Then the results of the search will be not be suppressed and can be used against you at trial. If you take it to trial and lose you could appeal the judge's decision on suppressing the evidence found in the search if there was a good basis to argue that the trial judge got it wrong. But if you lose your appeal on that and any other issues that you appeal the conviction will stand. If offered a plea agreement you have to weigh that risk against the plea deal being offered. If you take the plea deal you aren't going to be able to appeal the decision on the search.

 

[sire696969]

the key element is that damm consent i sign, only one name on it and he testfy during premilim he was downstairs,when they saw a pipe on the desk in my bedroom. after 30 to 40 mins of no i not signing to don't break more shit and tauting. they been in all the rooms thur shit. so what else i have to lose. stop breaking my stuff. the 4th wavier was in custody. they wanted me. come on one body cam out of 12. so if i plea i cannot appeal.
san diego is races, there doing this so i plea i cannot sue them

 

[sire696969]

the deal is probation no fee no reporting no test for three years. or trial 3 plus. they have fix everything else. that what i am worry about!!!!

 

[justalayman]

A coerced signature is invalid and as you explain things, that’s what happened. Obviously the judge sees things differently.

You are in a tough spot. Taxing matters explained it well.

You either take it on the chin now (accept plea deal) or risk it all and hope an appeal would be successful.

 

[sire696969]

January 29, 2018, the police raided my house . I heard pounding and people yelling my name. I got out of bed and looked out of my bedroom patio door. They told me to come down and open the door. All right ,all right I'm coming down. I got dressed and woke up girl friend and told her that the police were outside in full force, and to get dressed. I went out of the bedroom and closed the door behind me and locked it. Going down the stairs I heard them in the backyard. They were about to break down the backyard patio door which has glass in the middle that you can see through. They told me to come open the door. I told them don't break the door. I'm coming over and opening it. They came in, all the while rummaging through the whole house. All I could hear was them tearing down the house breaking things going through the garage into the Mercedes Benz that was girl friends automobile. One officer says I found scales, baggies that's when the other police officer said leave it , leave it alone. They didn't say why or show me a search warrant before barging in and searching. I was handcuffed and being questioned at the kitchen table.. that's when they told me they're here for a blow joe, he is a fourth waiver. I told the detective joe blow lives downstairs in the bedroom over there. I can see them upstairs going in rooms, I ask the detective if this is for joe blow 1 why are you calling my name and interrogating me. Not once did I hear them call out joe blow name until they were at his door. In the meantime they asked who else was upstairs as I could see and hear joe blow(2) and pussy cat with there hands up. Walking backwards as guns were drawn at them. At the same time I can hear them banging on the master bedroom door. I told the detective my girlfriend is up there. The banging stop they were in. During this time. They asked me that there were rumors that I was selling heroin and methamphetamine. I told them no. Then they said, if you give me permission and we don't find anything we will never come here again and I said no. I was lead outside to the front where others met joe blow2 , pussy cat and then joe blow 1 all of us were handcuffed.
I had friends helping me clean out my daughter's room & her visitors room. my friends put everything in boxes and put them in my room, for me to sort out .
I was brought back in. sitting at the kitchen table and they told me that they were conducting a fourth waiver. Then they placed a piece of paper in front of me to sign. They said they can get a search warrant anyways and what do I have to hide. They where already in the bedrooms going through things breaking things. They even asked me for the combo of the closet. I said no. After hearing things break I asked him to stop and that I had marijuana upstairs in my room. They told me that marijuana is legal in California. He told me when he retires in seven years he'll come over and smoke one with me. The problem is, I don't smoke. After being taunted nothing to lose, right? I signed the piece of paper. So they would stop breaking things and plus I only had marijuana. Once I signed that piece of paper, they stopped rummaging and brought me upstairs to show them where the marijuana was . The door was open and girl friend was there along with officers.They brought her outside. The marijuana was underneath the bed and then they lead me back outside. We were outside for a while , then girl friend came outside. They brought me back inside. The detective showed me a Jack Daniels bag with a scale. He asked me if it was mine, that they had found it in my drawer. I told them no, that it had come from one of the boxes that was brought in from either my daughter's room, or my daughter's friend's room. That was all I was shown. I was brought back outside. After a while, they came out and told us that we could go back inside the house. We all started cleaning up.
Two weeks later, I received two letters .One was a letter from the City of San Diego DA office, and the other was a letter from the San Diego Police department about City Ordinance. I opened the letter from the DA's office first, I read it and thought somebody was pulling my leg. I was being charged for paraphernalia, Xanax, and possession/sales of methamphetamine.The other letter I received, stated I was supposed to call a police officer that dealt with City violation. I hired a attorney called the police officer with City violation and left a message. We never heard back from them. attorney said they offered me 3 years non-supervised probation, 4th waiver rights taken, with a felony record. No probation officer, no fine, no drug court. I told him no deal!I I didn't ask for a plea. My fourth was violated. No warrant and just on a rumor? Forcing me to sign a consent . read the police script ,it all made up and one body cam working out of tewele and pictures of him look at my desk while on prelim he said he was downstairs. They took phone id everything and that agaist the law because the phone they got everything
I need a lawyer to take it to trial that will not throw me under the bus!!!!

 

[Mass_Shyster]

You already hired a lawyer. He or she will make much more money taking the case to trial. I suspect the reason he or she is suggesting that you accept a plea is because he or she feels you will be convicted at trial.

 

[Taxing Matters]

A coerced signature is invalid and as you explain things, that’s what happened.

Based on what the OP said, there was a lot legal pressure applied, perhaps, but there was no coercion in getting the OP to sign the consent.