Razorback1
New Member
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???????????
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???????????