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Illegal Search & Siegure

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R

RU1

Guest
What is the name of your state? OREGON
I am posting this because it seems that there isn't anyone in my local area that knows how to or are willing to help! Hear is an outline of what happened. My friend and I had been asked by my sister to house sit for the weekend. My sister is in the process of getting a divorce from her abuseive husband. At about 2AM Sat. morn. he came bursting into the house and said that he was getting his things. I told him that he needed to leave & return for them when my sister was there. It was logged with the local police that he was to be there. He said he could do as he pleased & he'd even call them for me. The police arrived,told me that they knew the situation & ask if I was in charge of the premises. I told them I was. They ask if I wanted him arrested. I told them no,if he agreed to leave.
After they took him out of the house he informed them that there where drugs in the house. Whithout knocking the police returned & said that they knew that there where drugs in the house & they where going to find them. I asked if they had a search warrant,and they said that they whould go and get one. About 40Min. went by the lead officer returned and said that they where going to search and that we needed to leave the premisses. I asked if they got the warrant,they said YES! I said I wanyted to see the hardcopy. They said that they didn't have to show us. They searched the house and found a small quantity of Meth. They told us that we where now beinging charged with UPCS 2,delivery,& UPCS 1.. The next day I spoke with the seargant at the station he said that they got concent to search from the person that they had ejected from the house.:confused: We never recieved any citations,or reciepts for the thing that where taken. They put it in two different newspaper W/ different facts from one to the next. I believe we where wronged. ????????????/
 


JETX

Senior Member
I assume that the husband was a legal resident and/or owner of the property and, as such, he would have the right to allow entry and to consent to the search. That would mean that the search was very probable legal. The remaining question becomes.... where you and your friend criminally responsible for the drugs found??? And that can only be determined by a review of the full facts and charges... by your attorney. If you don't have one, get one.
 
R

RU1

Guest
More on illegal search!

HERE IS A BIT MORE INFO. My first post was about my freind and myself being arrested after the police searched my sisters house. My brother-in-law was no longer living at the residence as of 6-15-02. This happened in Aug.2002. My sister does have the new lease dated 6-15.
My problem is this: The police knew that this person was not supposed to be at the house.m The police had it logged as info. that he no longer lived at the house & it was logged that he might come(on the day of the incident.)there to try to cause trouble.
The police asked me(knowing that I was in control of the property)How I wanted to handle the situation! I told them that I didn't want him to be arrested. I just wanted him to leave. After ejecting him from the house,they questioned him,his daughter,and her boyfriend. The daughter & boyfriend are wanted in connection with an armed robbery. When asked for I.D. they said that they had none. They gave faulse names to the officers. All three insisted that the names where real. The police believed them. The police after talking with my brother-in-law told them they had to leave. They left with my B-in-law driving. He was if fact intoxicated,and it was easy to see it.
The police had already left the house. I had not yet locked the door because I was trying to calm my friend down. They re-entered the house. When inside the officer in charge said "WE KNOW THAT THERE ARE DRUGS IN THIS HOUSE AND WE ARE GOING TO FIND THEM! I responded by asking if they had a warrant. I did not at that time know that my B-in-law told them that he still lived there. They had asked him if it was his house while he was still in the bedroom. He said "NO I AM GETTING MY STUFF AND NEVER COMEING HEAR AGAIN". That is when they asked if I was in control of the house. So the police knew long before( by his own admition that he didn't live there.
When I asked for the Warrant the officer said "WE ARE GOING TO GET ONE". That officer left and was supposedly getting the warrant. He was gone for about 40Min.. When he returned I again asked if they had the warrant. Out of the four officers that where present Three of them gave a indefinate but affirmative responses. I then said to them "I want to see the paper in hardcopy. They responded saying "WE DON'T HAVE TO SHOW YOU ANYTHING". One of them mumbled something about have three signatures from the DA but I really didn't hear all of what he said. I was angry & my friend who was in an abusive relationship was tramatized by everything. I did make sure that I absorbed as much of what was said as possible.
During the time that the lead officer was supposedly getting a warrant I told the officer who was still standing there that I was was calling my attorney,I wanted some privacy and no longer wished to speak with anyone until I spoke with my lawyer! He nodded agreement,turned,and walked into. the kitchen. As soon as I got my lawer's answering machine he came back and glared at me. There are many more factors in the situation. that very well could be misconduct on the officer's behalf but I am just trying to take one thing at a time. Oh I will say that the lawer I called told me that I could not affored his services! I have not yet gotten a lawyer to represent me in this matter!
 

JETX

Senior Member
So, even with your long follow up (which really didn't provide much additional information), you are right back where you originally were.

We have read your side of the story and have advised accordingly. Based solely on your post, there are legal issues that would need to be presented in your defense.... and if true, they could support your claims of innocence. However, if you want to provide a defense, you WILL need to hire an attorney to represent you. That attorney will be able to review all the facts and issues that you raise, then determine the best way to proceed with your defense.

You cannot appear on your own in court with a stack of printouts from this site and use them in an attempt to defend yourself. Get an attorney and discuss this with him/her. Then, see what he/she can do about the charges that have been filed.
 
R

RU1

Guest
OK It would seem that you are not seeing my meaning in this. Let me make my questions more clear.
1) Is it legal for the police to search a house when given consent by the homeowner's spouse even if it has been verified that the spouse is no longer living in the home?

2) If one person gives consent,and when the police announce there intent to search another person that the police have verified is in control of the premises protests;who's say should the police act upon. I.E. My brother-in-law gives consent,and I then refuse entery without a warrant. CAN THEY SEACRCH WITHOUT THE WARRANT?

3) If the police search is legal,and all of the illegal items are found in private rooms who(if they never asked who's room is who's) do they arrest?

4) If I've envoked my right to an attorney do the police have a right to make offers to get Info. from me?

5) Can they use Info. gathered after I've envoked the right to counsel,but before they read me my rights.


6) If it is proven that the informant who's statement led to a search resulting in arrest was giving false Info. regarding other things that they are asked about does this go to credibility of informant?
 
R

RU1

Guest
I geuss I should ad that nobody seems to want to give us answers based in any solid law. We at this time have not been indited by the grand jury. Some of the lawers that we've talked with say that they could make a move now but they want an amount of money that we are just not in a possition to forkover up-front. We are stuck with the idea that we can't fight because we are poor! They will not give us an attorney through the Pub. Def. office until we are indited,but we don't think that we should have to wait until we get arrested under a secret inditment resulting in the loss of our jobs,homes,and not to mention our freedom!!!! WHERE CAN WE TURN FOR SUPPORT WHEN MONEY IS THE DRIVING FORCE THAT SEEMS TO TURN THE WHEELS OF JUSTICE?
 

JETX

Senior Member
Okay, since you don't seem able to understand, I will answer your follow-up questions as factually as possible:

Q1) "Is it legal for the police to search a house when given consent by the homeowner's spouse even if it has been verified that the spouse is no longer living in the home?"
A1) Maybe. If the police felt (rightly or wrongly) that he could give permission, the court might grant the search. If they didn't believe your claims to the contrary, the court might allow the search. Clearly, there are issues of fact here that would require a complete and detailed review of ALL the facts.... not just yours.

Q2) "If one person gives consent,and when the police announce there intent to search another person that the police have verified is in control of the premises protests;who's say should the police act upon. I.E. My brother-in-law gives consent,and I then refuse entery without a warrant."
A2) Maybe. If the police didn't believe you (since you clearly have NO legal ownership), and they did believe the person who has evidence (drivers license, etc.) that he IS authorized, they would proceed on HIS statement. Again, issues of fact would have to be determined by the court.

Q3) "CAN THEY SEACRCH WITHOUT THE WARRANT?"
A3) This one is easy.... yes. The police have someone with ID showing that address (and maybe other ID that supports HIS claims of right) and you are simply a 'guest' in the house. The police will assume in his favor.

Q4) "If the police search is legal,and all of the illegal items are found in private rooms who(if they never asked who's room is who's) do they arrest?"
A4) Unless there is evidence to the contrary, they will arrest EVERYONE in reach or possible access to the contraband. Let the investigators, DA and courts sort it out.

Q5) "If I've envoked my right to an attorney do the police have a right to make offers to get Info. from me?"
A5) Yes. And you have the right to not answer.

Q6) "Can they use Info. gathered after I've envoked the right to counsel,but before they read me my rights."
A6) Depends on the information and circumstances that it was obtained. Again, an attorney can determine the proper defense... and present it to the court.

Q7) "If it is proven that the informant who's statement led to a search resulting in arrest was giving false Info. regarding other things that they are asked about does this go to credibility of informant?"
A7) It will either completely damage his credibility.. or not at all. Again, a court will have to evaluate the facts and decide who is the more credible party.

Simply, you have raised issues of fact that can ONLY be determined by a complete review of ALL the facts (not just your version) and even then, very probably only by a court.
 

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