Police had no search warrant! Can I win this case with my lawyer?

irmaynerds

It's your word against theirs. Guess who wins, the cop or the criminal. Besides, you tell a good story, yet am I supposed to believe the scewed story of a criminal? No sympathy here, I'm not convinced.

Normefoo

Good luck
You sigh a statement. You admitted your gilt,as did your girl friend.I don't know were you live but sounds like your are F*CKED

b52gflyer

Don't you watch TV. Ever hear of Law and Order. By now everyone in America knows the term illegal search and seizure, your Miranda rights, and the 5th Amendment to the Constitution. Any statement you make or sign can and will be used in a court of law against you, remember? Cops can lie, but they cannot break the law.

The only way your lawyer can possibly get you off is if he can prove that you or anyone else residing there did not give them permission to enter your home and look around. If he can do this, then any evidence they found is the fruit of the poisonous tree and cannot be used in court.

Stop being stupid and stop the drugs.

Grin Reaper

The police may have been wrong initially but you have proved them right by having the drugs. It doesn't matter how much you had. They were looking for drugs an they found them. therefore in the law's eyes they were right. You screwed up.

You may have only had a bit, but having any is illegal. Imagine using the same analogy in any other case to a judge saying "well I only ran over the girl 3 or 4 times in my pick-up, Not like I was in a truck or anything big"

Bardic

I think you have a vivid imagination. However, as to whether you can win this case with your lawyer, why not ask him/her?

fathead

Sounds like you got what you deserved.

DennistheMenace

If your attorneys not afraid of the judge, that whole case should be thrown out.....this happens alot, especally where I live now. The cops do this, the DA files it, and the judge socks a big fine on people. But wait there not done yet! theyll give you time to pay it, put you on probation, and hope your late....to hit you with penalties, fees, and late charges, and will probably suspend some of them to get you the next time around, with interest. Id rather be back livin in Los Angeles, where the law, is followed to the letter.............

Chigga

I think you can win the case. My friend got a battering ram through his door....no knocking. 9 officers with guns out...poor buddy, I had to help him clean up the next day. He got 4 charges including: possession of weapons, possessions of drugs, intent to distribute, and profiting from illegal activities. They had a search warrent, signed by a judge....everythiing.

The took all his money, most of his gold, obviously a few lbs of stuff. He's stupid for doing what he did, but he does have an electrical engineering degree, so he's not totally dumb, but anyways....

He got a very good lawyer..and also very expensive. The lawyer made sure the evidence disappeared, but it wasn't cheap....and now he's free, not one day spent in jail. But thankfully he gave up that life and is now clean.

You can win the case, talk to your lawyer.

kerry k

While you might have a case against them, I wouldn't count on it. You see, if they are monitoring traffic here, and you just admitted to your crime, then they have you. The best thing to do is to take the lumps that come, and stay out of trouble after you are out of prison.
The Internet is a great place to look for evidence, and you just provided it for them. They can, and do monitor for just what you just did. You have sealed your own doom by the admission that the drugs were yours.

The Cold Hard Truth

Here's the deal... more than likely, your GF gave you up to get your stinking, drug dealing. using and abusing butt out of her apartment. The whole "she signed the consent under threat of losing her kids to CPS" was all just a rouse to make you think the police are the fall guys and not your own girlfriend.

TheOrange Evil

The cops have to provide proof of a search warrant. It doesn't matter that they found drugs in your house if the search was unlawful. There are exceptions to the search warrant rule, but it doesn't sound like any of those exceptions occurred here.

DAWNY

The police can gain entry thru owner's permission. Who's apt. is it & why would CPS be called. Gestapo tactics only work if allowed. Is your girlfriend a minor? If so, her parents gave the police a way in without warrant. They don't usually show up for late nite busts unless there is good reason. If the above doesn't apply, I'd see lawyer about getting drugs & confession thrown out due to illegal search & threats, without probable cause.

Marlin B

You need a real lawyer. You're not going to get a reliable answer on this board. I think the spirit of illegal search and seizure was broken. But I don't know about recent precident. We've been slowly losing privacy rights for years now.

crazysambo89

depends whose name is the house/lease in. if the name of teh house/lease is in ur girls name and she signed teh paper to consent them to search, then the police are in teh wrong. but im goin by nsw laws, im not sure where you are, u mite hav diff laws

dmontesmom2

Your question is whether the police can search without the benefit of a warrant, which would seem to be based on the 4th Amendment of the US Constitution--to be free of unreasonable searches and seizures; and, then use the findings of that warrantless search against you, to charge you with possession of drugs or are the findings the "fruit of the poisonous tree?".
This really is a question best asked of your lawyer who hopefully knows the case law in your jurisdiction (state), as well as the recent US/State Supreme Court cases upon which the judge is to make his/her decision.
This is all a long way of say--there is no way to know at this point. This is a question which a judge will decide and there are simply too many unanswered questions--for example: was there a warrant that you just were not shown? If the police entered without a warrant, what reason will they give the court for conducting a warrantless search? Do the poice contend prior contact with this location involving the sale/delivery of contraband, i.e. drugs? Will the police try to base the search on permission? Who can give permission to search a residence? Will they continue, if indeed they did originally, your girlfriend--I assume CPS is child protective services? Does she live there or was she just visiting? Is her name on the lease? Does she receive mail there or at another address? And on, and on, and on.
Your lawyer, yes including a court appointed lawyer if you cannot afford to hire your own-should be able to give you the best advice, since she/he will be there to see the police reports, warrrant--should one exist, etc and will have the training to do the analysis necessary.
If the facts are as you have reported them, sound like you should have a decent chance of winning a motion to quash the search, and toss the things found as a result of the search.
Finally, you may be aware the Constitution has come under attack in recent years and there is just no way to predict the outcome. In the name of the war against drugs/terrorism the police have been granted broader and broader powers and quite frankly it is frightening.
Best of luck.

Delilah

Im starting to not like the majority of police... They are taking the law into their own hands and think they can do whatever they want -

Ive never gotten in trouble, hell, ive never done drugs!

But they continue to keep p**ing me off for so many reasons!!

Good luck, drugs are bad.

But yes, take it further, but u may not get anywhere, coz cops stick up for each other =P

GOod Luck

memphis #2

hi ! my name is big memphis i feel your pain i have a simular situation here in memphis only it was my brother at the crib with me. i wanted too know how u came out

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