Police Wipes Rear End WIth My Rights

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Razorback1

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Of course I have omitted the names but I do Value opinions here
Was this in your opinion an illegal search and will the motion to suppress all evidence go through?

Facts of what happened:


Statement Of facts as The happened at The Home Of xxxxxxxxx and Family Located at xxxxxxxxxxxxxxxxxxxxx


At approximately 3:15 P.M. On The afternoon of May 12th 2008 I, xxxxxxxx Was Awoken By My Wife xxxxxxx and I could tell she was In a very Distressed State
I was Told by Her" Wake up the police are here and there is a report of Abuse and the police say The HAVE to search The House.

I immediately got up from My Bed and Got dressed and went to The living room of my home fully expecting to Meet the Police Officers at the door as This is standard procedure under the " Knock and Talk " Decision handed down By The Arkansas Supreme Court in Brown, 356 Ark. at 474, 156 S.W.3d at 732
However To My surprise I observed Officer xxxxxxxxxxxxxxxx Standing In My Living Room and Officer xxxxxxxxxxxxxxxx Emerging from The back hallway in My Home where My 16 Year Old Sons Bedroom and our Spare Bedroom is Located. At this time I inquired of Office xxxxxxxxxxxxxxxx " How Is It going xxxxxxxxxxxxxxxx, What's Going On Here "
Officer xxxxxxxxxxxxxxxx Then Replied Verbatim "Well We have had an allegation of Child Abuse and we HAVE to search Your House, I then made the statement to The Effect that " You HAVE to be Kidding" , Because Everyone in Town Knows My son is spoiled rotten , Meaning He Gets Pretty much anything he wants because he is my wife and my only child . At that point officer xxxxxxxxxxxxxxxx stated " Oh I know that boy is spoiled and he is not abused. BUT we still HAVE to Search your house, I thought this kind of odd at the second mention of the word "SEARCH" since the officers were her on a alleged child abuse report. so I then said to officer xxxxxxxxxxxxxxxx ." I don't know if I want you to do that, Don't that violate some sort of Rights? His reply was No, Now xxxxxxxxxxxxxxxx we HAVE to search your House we have had a report of abuse and we HAVE to search your house.

So at this point I felt that no matter what I said or did ,they were going to search my home regardless of what I said and that was just a matter of fact and more like an order that they WERE going to search the home and I had NO CHOICE , so I said well I guess if you have to you have to . and they then began to search .
AT NO TIME WAS I ADVISED OF THE ARKANSAS STATE SUPREME COURT RULING REQUIRING THE OFFICERS TO VERBALLY INFORM ME THAT I HAD THE RIGHT TO REFUSE THE SEARCH PERSUANT TO
Brown, 356 Ark. at 474, 156 S.W.3d at 732
and The Arkansas Rules of Criminal procedure Rule 11.1


Also Bear In Mind They were Never Granted Entrance to My home by either myself or my wife , The officers actually checked My son out of school and brought him home WITHOUT MINE OR MY WIFES KNOWLEDGE, and questioned him both at the school and on the way to the home without a parent or guardian there and with him being a MINOR as they arrived home and my son entered the home they just FOLLOWED him inside the home which again is ILLEGAL under Brown, 356 Ark. at 474, 156 S.W.3d at 732 . My wife at that point a little startled actually, asked My son what he was doing home since she usually picks him up after football Practice and about that time is when Both officers just walked right into The House uninvited, without consent and illegally
My son told her there was an abuse report and she then asked what he did because she thought that he might have been involved in a fight at school when he said abuse charge
He then told her " NO someone said that HE was Being abused"
At That time Officer xxxxxxxxxxxxxxxx asked Her Where I Was That he Needed to Talk to Me, and she informed him that I was sleeping , He then informed her that she needed to wake me up , he needed to speak with me , She said Ok and Left The living room to come to The bedroom and wake me up, and it was at that time that Officer xxxxxxxxxxxxxxxx asked My son To See his room and followed him into his room and conducted a thorough Visual Search , also Violating Brown, 356 Ark. at 474, 156 S.W.3d at 732 and The Arkansas Rules of Criminal procedure Rule 11.1 because at this time My Wife NOR myself (as I was still in Bed and she was in the bedroom waking me up) Had even Given The officers consent to come into The house , Much Less the consent to roam through the back hallway and my sons bedroom and attempting to get into the spare bedroom and bathroom conducting any sort of a search of my home again Violating Brown, 356 Ark. at 474, 156 S.W.3d at 732
and The Arkansas Rules of Criminal procedure Rule 11.1

Back To The Officers beginning to search after coercing and prodding me that they HAD TO SEARCH They went directly into The back bedroom where there were 8 small immature cannabis plants Growing all less than 3 feet tall some less than 1 foot tall , I was Then Told they would have to confiscate those and some lights that are actually lights for my lighting system for Live concerts that are worth about 2,000 dollars and that they couldn't believe that this was the "HOUSE FULL OF DRUGS THEY WERE TOLD ABOUT"

I thought. But Wait a Minute…I thought you guys were here for a alleged Child abuse case. Now you're admitting that you were looking for a house full of Drugs??? This sounded very Pretextual to me but I said nothing as I was very confused about what was really happening here .

About that time Officer xxxxxxxxxxxxxxxxand chief of Police xxxxxxxxxxxxxxxx arrived and started carting out the 8 Small plants and the lighting truss and some potting soil and loading them in The Chief of police Truck.

It was only AFTER 90% or Better of the property was taken out of the house I was asked By Mr xxxxxxxxxxxxxxxx almost as an after thought to " Hey xxxxxxxxxxxxxxxx Sign This" IT turns out that " it " was a consent to search and an Inventory Sheet , SO That tells You that signing the inventory sheet and the consent to search at the same time means that the consent to search was signed only AFTER the property was removed from the house and that consent was Never given freely by myself or my wife it was actually FORCED upon us as a no alternative must follow ORDER.
They proceeded to search the rest of the house and turned up a MINISCULE amount of cannabis and laughed and stated "man this is nothing" and all officers present will have to testify that the only time that they saw myself signing any papers was at the kitchen table AFTER they were removing the property and that most of it had been removed when they saw me signing the papers if they say anything else but that they will be lying under oath

They then Left The home ( I was NOT arrested) telling Me that they would probably have a warrant within the next 7-10 days for my arrest and it would come out as a FELONY warrant..BUT That they would be surprised if the Prosecuting Atty. Didn't drop it to a Misdemeanor since it was such a Small amount of cannabis and they then got into their vehicles and Left

Officer xxxxxxxxxxxxxxxx returned a few minutes later wanting me to initial a change on the Inventory report and I Was in the restroom and I initialed the change after exiting the rest room and then he also left and that is the last I have heard of them

Later that night I began to Research Legal cases Notably Arkansas State Supreme court rulings and that's when I came across Brown, 356 Ark. at 474, 156 S.W.3d at 732 and The Arkansas Rules of Criminal procedure Rule 11.1
And WOOLBRIGHT v. STATE of Arkansas CR 03-170 160 S.W.3d 315
and many others dealing with Illegal and unreasonable search and seizures Pursuant to The
" Knock and Talk" procedures use by law enforcement and this being the case I have no doubt in my mind that my Constitutional rights of both the Arkansas state constitution and the United states constitution were totally and completely violated as I was Never informed that I had a RIGHT TO REFUSE the search in Brown, the Arkansas Supreme Court held that, under article 2, §15 of the Arkansas Constitution, officers who utilize the knock and- talk procedure are required to inform the home dweller that he or she has the right to refuse consent to the search. Brown, 356 Ark. at 474, 156 S.W.3d at 732.
and The Arkansas Rules of Criminal procedure Rule 11.1

Not to mention the fact that they never had permission to enter the residence at all and just illegally "Followed" My son in from school instead of stopping at the door and receiving permission or consent to enter from an adult in the home they just walked right in like they owned the house

..Also even though known to me They were not known as well to my wife and they never identified themselves at detectives from the police department which is not correct procedure either as anyone can wear a gun and a badge that goes on your belt loop can easily be purchased from the internet, so they failed to identify themselves also on top of illegally entering my home without permission or consent and the not telling me as required by the above stated rulings of the supreme Court of the State of Arkansas and their own Arkansas Rules of Criminal Procedure Rule 11.1 that was amended to include this warning in 2004 after Brown, 356 Ark. at 474, 156 S.W.3d at 732. that I had the right to refuse the search of my property or any search would be illegal



OPINIONS???????????
 
Since you signed the consent, you made it legal.
 
No I think your Wrong ..They have to INFORM me BEFORE they enter the house
Also I did Not even realized I signed a consent ..He just shoved some papers at me and said sign these they are an inventory sheet , So I did not know what i was signing ..

Also Arkansas has amended The Rules of Criminal Procedure rule 11.1 to read That The officers are REQUIRED to notify the resident BEFORE ENTERING the home that they have a right to Refuse the search ..I was Never even afforded this as They just walked in My Home while I was In Bed and Began searching WITHOUT CONSENT to even be in My House ...Much Less Searching The home

There are Many many cases That the Arkansas state Supreme court has overturned

Brown V State
Griffin v state
robbins v state
carson v state

They were ALL OVERTURNED at the State supreme court level

Also Arkansas is one of only 3 states in The Nation That REQUIRES officers that do a Knock and talk To inform the resident that they have the right to refuse them entry and search , If they do Not inform them of this anything siezed in The search is Illegal and must be suppressed.....

If its suppressed then they have no case
because not oonly was I not informed of this BEFORE they ILLEGALLY entered My home without consent while I was still in Bed , I did not even realize that I was signing a consent untill AFTER they had taken the items from My Home


I just think I have a REALLY strong case for Suppression of the Evidence
based on The State supreme court rulings and the Rules of criminal Procedure that they are supposed to follow but did not

Any Responses woul;d be appreciated
 
File and argue your motion to suppress.

Be prepared to impeach your own signature on a document that says you allow the search.
 
By impeech I am assuming that you mean
tell The Court that I was Not aware of what I was signing and thought it was just a Inventory sheet ? Correct because he had me sign like 3 or 4 things and when they are taking stuff out of your home and 4 officers are talking to you and one shoves paper in your face and says "SIGN THIS" ..Your not really clear on what your signing
 
The prosecutor will say, "Razorback1 signed this document that said he agreed that the cops could search the place."

You will then have to say, "Yes, I did sign the document, but [here you have to prove that what is in writing is not correct]."

In other words, you will have a very hard time overcoming the fact that you signed the consent.
 
What about the fact that they are supposed To have the consent signed BEFORE the enter the home and the consent was Not signed untill after they had taken the stuff out of the home ..actually as an afterthought , and they are suppose to inform me before they ever enter the home that i have a right to deny ..this is the LAW in Arkansas and they did not ???

Actually its states in The law here that iof they do NOT inform you that you have a right to deny the search ..and you sign a consent that it is STILL ILLEGAL even with a signed consent ..because they did not inform me that I had the right to refuse the search ..and the fact that they enterd the house illegally just by walking in The door and while my wife was waking me up ..one ofthe officers was already looking in my sond room , bathroom and trying to get in the spare bedroom and they did not even have consent at that time to be in The house ..Much less searching ..
 
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Bring all that stuff in your motion hearing.
 
I would get the best lawyer out there. And since you signed under COERCED INTERROGATION, They made you sign it. They did however broke the law themselves. If I were you, I would get the best lawyer out there and sue them. I'm not sure why alot of police officers go corrupt and bad, but its wrong for them to do those things. God be with you and I hope everything turns out great for you.
 
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