was this an illegal search?

[pepper43]

There was a search done on someone I know. They found 3 to 4lbs of marijuania under the mattress. The mace team took the marijuania out to the police car and took pictures of it.They also found a bong in the bathroom and carried it out to the car also. As they carried it they handled it just dangling from thier side. They also took a pic of this out in the police car. At this point the bong was in a stand up position with the marijuania in it.. There wasn't any in it at the time of taking. My question is if the find drugs aren't they suppose to take pictures of it where they found it? They claimed that the house was full of drugs but no picture was taken of the stuff where it was. In the report it stated at one time that they found the 3to4lbs under the mattress. But in court it was stated that the house was full of drugs? Can they do that. And its a lie but how does one prove it. Impossible against the drug force. Or is there a prayer.There is also a person that was in the house that didn't know that the drugs were there but they got arrested to, being it was thier home. The person it belonged to wrote a confession stating that it was his and that the other person didn't know anything about it. the letter was signed and notorized by the police officer in the jail house. They wouldn't let the innocent one use this signed and notorized confession in court. The guy who did the drug bust wants the innocent one to fess up and turn state evidence. How can they when this person doesn't know anything. And the worst part of it all is that the persons children were taken by children services and its going to be a tough battle to get the children back. Children services don't care if she is innocent or is found innocent when the person goes to criminal court in Feb2001.They said they already found the person guilty by juvenial court.And they won't even allow family to take the children till everything is cleared up or what ever they want done. So the children have been gone for 3 months they are only 4 and 6 They just turned that. Family couldn't even get them for thanksgiving and by what they are saying it doesn't even sound good for christmas. The poor little children and thier parent is innocent. My heart goes out to everyone who is really innocent and is paying the price. God Bless you all.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

There was a search done on someone I know. They found 3 to 4lbs of marijuania under the mattress. The mace team took the marijuania out to the police car and took pictures of it.They also found a bong in the bathroom and carried it out to the car also. As they carried it they handled it just dangling from thier side. They also took a pic of this out in the police car. At this point the bong was in a stand up position with the marijuania in it.. There wasn't any in it at the time of taking. My question is if the find drugs aren't they suppose to take pictures of it where they found it? They claimed that the house was full of drugs but no picture was taken of the stuff where it was. In the report it stated at one time that they found the 3to4lbs under the mattress. But in court it was stated that the house was full of drugs? Can they do that. And its a lie but how does one prove it. Impossible against the drug force. Or is there a prayer.There is also a person that was in the house that didn't know that the drugs were there but they got arrested to, being it was thier home. The person it belonged to wrote a confession stating that it was his and that the other person didn't know anything about it. the letter was signed and notorized by the police officer in the jail house. They wouldn't let the innocent one use this signed and notorized confession in court. The guy who did the drug bust wants the innocent one to fess up and turn state evidence. How can they when this person doesn't know anything. And the worst part of it all is that the persons children were taken by children services and its going to be a tough battle to get the children back. Children services don't care if she is innocent or is found innocent when the person goes to criminal court in Feb2001.They said they already found the person guilty by juvenial court.And they won't even allow family to take the children till everything is cleared up or what ever they want done. So the children have been gone for 3 months they are only 4 and 6 They just turned that. Family couldn't even get them for thanksgiving and by what they are saying it doesn't even sound good for christmas. The poor little children and thier parent is innocent. My heart goes out to everyone who is really innocent and is paying the price. God Bless you all.

Was the original search done with a warrant? IF there is a question as to how items handled, then the defendant needs to bring up chain of custody issues. I don't know if this is specific procedure, but it sounds like sloppy police work to me.

Get a good criminal defense attorney for this person and start from there. Try attorneypages.com or call your state bar association and ask for lawyer referral.

 

[pepper43]

Yes there was a warrent. And now they are between lawyers. A new one is going to take over. He works for nothing. I forget what they are called. But what worries me is you get what you pay for. But we won't know anything till after the first of the year. And court is coming up in Feb. Doesn't sound to me that any good will come out of it. Shouldn't the lawyer at least contact the person and get to know them and hear what they have to say. From what I understand he will meet with her before they go into court. I don't understand this and I'm terribly worried about the children.. I'm not a lawyer at all but what took place during the search doesn't seem right. And who saids that the drug enforcement can't lie. Oh and when they searched the house the drug enforcement claimed that they didn't destroy the house. In court they said this. Well I'm here to tell you that they sure did. Everything was thrown and drawers were pulled out and thrown on the floor. It was awful. But the court believed what they had to say. We live in a small county where no one goes up against the law enforcement or the children services. Thank you for your reply