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charged with tenants drugs in owner occupied rental after he high on meth attacked me and i beat him up.

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What is the name of your state? pennsylvania.

In pennsylvania, after police picked up my tenant naked bloody and screaming like an animal a block away, they came to my house and asked me what happened. i admitted to having a physical altercation with him but did not mention the drugs at that time that i suspected were cause. i did say he has been hospitalized for possible schizophrenic episodes twice in last year which was true. i was asked to leave my house, as soon as i stepped outside i was handcuffed. i was not read my rights. the officer insisted he be let in to inspect my bedroom where the altercation took place. i refused consent to voluntary search of room, officer insisted he had right to enter, i was in handcuffs in police vehicle, he asked my other tenant who rents another room in house to let him in when he pulled up after work. i said do not consent to this and do not let officer into any other room.
Knowing my door was locked. The officer let himself into the unlocked bedroom next to mine of the aforementioned naked man they picked up a block away. in this room he found a clear plastic cup with an undisclosed amount of meth in it and a scale. I am now being charged with possession of meth amphetamine and intent to distribute as the officer called in a search warrant claiming both rooms were mine, and in my room found empty small 1x1 inch ziplock bags all empty and clean strewn about my room as well as marijuana paraphenelia and under 2 grams of pot. the officer tampered with evidence as he did not take the container the meth was in, a clear plastic cup easily fingerprinted, and instead left it in said bedroom in the exact spot he described to me he had found it. i was not drug tested in prison. i was refused a public defender in pittsburgh based on income. the police took two thousand in newly made rental payments in cash. on body cam a tenant offered me rent money, 500 cash, before entering the house with the officer. they seized the cash as well. i now have no way of aying an attorney before my preliminary hearing tuesday. can i have this suppressed as an illegal search and seizure without due probable cause and what statutes should i state in court if that is possible?
 


PayrollHRGuy

Senior Member
You are being charged with a crime that could result in not insignificant prison time. If the search and seizure was legal or not is going to be based on way more than you could or should write here. You really need a lawyer and you need one now.
 

HRZ

Senior Member
As above, the only sane step is to get criminal defense counsel by Tuesday in not Monday.
 
i might add, i have no criminal record, no arrests, no arrest record, and tenant that was naked having a melt down threw himself out of a window the very next day, breaking his hip, collar bone, collapsing his lung, broke an arm, and shattered a femur.
 
the mortgage is in my mother's name, the house i own with my name on deed is co-owned with two brothers. there is no way to take equity out of anything to pay for a lawyer by tuesday. i will state again this is the PRELIMINARY hearing only. the hearing where i get to contest evidence. according to pa law i have thirty days to file motion to suppress or dismiss so such motions can still be made after the preliminary by a lawyer or public defender, which i'm still going to pursue getting public defender. but there is no cash for a lawyer. the police took everything and then some between seizing the two grand and the five grand in bail. i thought this site had actual lawyers on it.
 

Just Blue

Senior Member
the mortgage is in my mother's name, the house i own with my name on deed is co-owned with two brothers. there is no way to take equity out of anything to pay for a lawyer by tuesday. i will state again this is the PRELIMINARY hearing only. the hearing where i get to contest evidence. according to pa law i have thirty days to file motion to suppress or dismiss so such motions can still be made after the preliminary by a lawyer or public defender, which i'm still going to pursue getting public defender. but there is no cash for a lawyer. the police took everything and then some between seizing the two grand and the five grand in bail. i thought this site had actual lawyers on it.
This site does have actual lawyers on it. But they aren't going to walk you trough your defense. Please read the TOS .
 
i have i was just hoping for some better advice. i've already looked a ton of stuff up and have started writing point by point motion to dismiss and motion to suppress. take money you don't have and get a lawyer isn't legal advice.
 
i'm still in shock that owning a home worth less than fifty thousand dollars with a twenty thousand dollar mortgage already against it automatically made me inelgible for a public defender particularly when two other people are on the deed but according to the horribly rude intake interviewer at public defenders office it is. pittsburgh pa has the worst public defenders office in the state and region it is so underfunded that the starting salary for a public defender in this office is 39,000 and it has been sued repeatedly for not representing people fairly. it's why how to get away with murder chose pennsylvania as the state for fictional annalise keating's supreme court case win but philadelphia makes for a sexier location than pittsburgh. as for the statement above as to whether or not the search was legal, it absolutely was not legal and the not taking the container the meth was in to fingerprint it is absolutely police tampering with evidence. they didn't dump my bag of pot out rebag it. but the officer did dump the meth out of the plastic cup and leave the cup still covered in meth residue. i'm just asking for some leads to other cases i can quote i already plan on spending all day monday in the hillman law library of pittsburgh to write and print my legal briefs and ask students. the biggest victim in this is my tenant who is possibly disfigured for life because i begged the cop, again on a police camera, to 302 him and the cop laughed at me. and then said tenant threw himself off a third story window the next morning in suicide attempt.
 

not2cleverRed

Obvious Observer
i have i was just hoping for some better advice. i've already looked a ton of stuff up and have started writing point by point motion to dismiss and motion to suppress. take money you don't have and get a lawyer isn't legal advice.
When you clearly don't comprehend the basics and are going to dig yourself a deeper (legal) hole, then yes, "take money you don't have and get a lawyer" is legal advice.

The police had probable cause to enter your house, based on the behaviors that they observed and what you told them.
You admitted to having a "physical altercation" with him - that gives them cause to arrest you.
No, they don't have to read you your rights while cuffing you, especially since if they go in your house they find all sorts of physical evidence.
And no, based on you telling them that an altercation occurred in your bedroom, they had every reason to investigate the scene of the alleged altercation, so that evidence will NOT be suppressed.

If you do not qualify for a public defender, then you will not qualify for a public defender Tuesday either.

The only thing that you should be reasonably doing Tuesday is to ask for a continuance so that you can figure out how to get a lawyer.
 

quincy

Senior Member
What is the name of your state? pennsylvania.

In pennsylvania, after police picked up my tenant naked bloody and screaming like an animal a block away, they came to my house and asked me what happened. i admitted to having a physical altercation with him but did not mention the drugs at that time that i suspected were cause. i did say he has been hospitalized for possible schizophrenic episodes twice in last year which was true. i was asked to leave my house, as soon as i stepped outside i was handcuffed. i was not read my rights. the officer insisted he be let in to inspect my bedroom where the altercation took place. i refused consent to voluntary search of room, officer insisted he had right to enter, i was in handcuffs in police vehicle, he asked my other tenant who rents another room in house to let him in when he pulled up after work. i said do not consent to this and do not let officer into any other room.
Knowing my door was locked. The officer let himself into the unlocked bedroom next to mine of the aforementioned naked man they picked up a block away. in this room he found a clear plastic cup with an undisclosed amount of meth in it and a scale. I am now being charged with possession of meth amphetamine and intent to distribute as the officer called in a search warrant claiming both rooms were mine, and in my room found empty small 1x1 inch ziplock bags all empty and clean strewn about my room as well as marijuana paraphenelia and under 2 grams of pot. the officer tampered with evidence as he did not take the container the meth was in, a clear plastic cup easily fingerprinted, and instead left it in said bedroom in the exact spot he described to me he had found it. i was not drug tested in prison. i was refused a public defender in pittsburgh based on income. the police took two thousand in newly made rental payments in cash. on body cam a tenant offered me rent money, 500 cash, before entering the house with the officer. they seized the cash as well. i now have no way of aying an attorney before my preliminary hearing tuesday. can i have this suppressed as an illegal search and seizure without due probable cause and what statutes should i state in court if that is possible?
You admitted to the police to having a physical altercation with the naked bloody tenant prior to the police picking him up. If he was on drugs when the police picked him up, that is a problem for him but also a problem for you.

Another tenant let the police into the rental.

The police obtained a search warrant and found evidence of drugs.

The money seized could have been seized as drug money.

A forum is not going to be able to give you all of the information and direction you need. What you want is a good criminal defense attorney in your area who can personally review the facts that led to the police search of the rental and the subsequent seizure of the drugs that were found and the money.

I suggest you ask family or friends for a loan to pay for legal representation. I fear you cannot learn enough in the next couple of days to adequately represent yourself.

Good luck.
 
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