Arrest, Search, Seizure, Warrant Illegal Search And Seizure?

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larryonguitar2

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My girlfriend and I moved into a house that a friend of ours was living in with her mother. I paid the first month's rent and part of the deposit to her mother, who had just moved out. Our friend would only be staying a "couple of days." A month later, I was still trying to get her to leave, but she still hadn't formed a plan on how she was going to move out. A couple of weeks later, I found out her license was suspended. I really wanted her out and was willing to pay all of the $650. per month rent so I could tell her to move out. I wanted to do it in a nice way, because I didn't want her to get angry with me in kicking her out and risk the possibility of her influencing her mother into evicting us. I waited a few more days and decided she wasn't going to pay any rent, so I went to the bank, withdrew some money, and decided I'd pay her mother her portion of the rent when I saw her again. I didn't want any hard feelings because I have a very hard time moving and didn't want to undergo that again, because of the cost, effort, etc. It's really hard to move when you're Diabetic, have had a Brain Aneurysm and nearly died, (I had to be re-trained on how to swallow food and water again. I've walked off-balance for nearly 8 years now, with no end in sight!), and I also have Hepatitis-c. The next day, my brother bought me a computer, and after getting online, I happened to notice our "friend" was on the "Umatilla County's Most Wanted List." I wanted her out! The next morning, we were awakened by the smashing sound of both doors being rammed, a stun grenade was thrown in, and the Oregon State Police rushed through the doors looking for our roommate. We were all searched, the money I'd had for our "friend's" mother for her part of the rent was confiscated for apparent "evidence," and when an undercover officer asked me how much money I had, I said, "$174., exactly." That's how much I had. Then he asked me, "How did you get a baggie with meth residue in it?" I said," I didn't have one," and he said, "Oh, so I'm lying?" To which I replied, "Yes, you are lying." He began to ask me another question when I invoked my 5th Amendment Right. So now, I've been charged with Possession Of A Controlled Substance and Frequenting A Place Where Controlled Substances Are Being Used, as with my girlfriend, too. (She had a glass pipe with residue in her purse). Our "friend's" probation officer was right behind police when they busted in. She even left her card. That was the reason they were there in the first place. Umatilla/Morrow County Probation And Parole had been looking for our "friend" for 7 months. Our names weren't on the search warrant, only our "friend's." We found out later that our car was searched, which the police found absolutely nothing in it, and feel our rights have been violated. We weren't offered/allowed a phone call for the duration we were in jail; about 28 hours until released on our own recognizance. Even then, we had to hitchhike 35 miles home as we had no money to call someone from the outside. Also, I was in handcuffs, cuffed behind my back for more than SIX hours! Being Diabetic, (and telling them that; they ignored us) I was afraid I was becoming Hypoglycemic and told the police I needed something to eat or drink to raise my blood sugar level. I just knew if my blood sugar count kept decreasing, I would certainly have a seizure. I begged them for something; it fell upon deaf ears.
Can any one of the kind people out there offer me a bit of advice and explain to me what I should do? I'm on disability, so my funds are limited. I haven't been in any trouble for more than 15 years, and that trouble was a misdemeanor. Please help, I'm going crazy with worry and stress and I worry another Brain Aneurysm might occur, I'm so distraught. Thank you.

larryonguitar2
 
If they made entry on a search warrant, then unless the warrant was obtained by a false affidavit, it should be valid. If the search was made based upon a valid search warrant, then your rights were not violated.

You will first need an attorney to defend against the criminal charges. Then, you can interview attorneys to see if you have a case against the police or anyone else for denying you a phone call or causing medical harm. As for the phone call, there can be a number of reasons why you were not permitted a call ... though, did you ask for one? I suspect that unless you were actually harmed, no suit will be forthcoming for the medical matter.

Your case is certainly not helped by having a girlfriend who smokes dope. Her being in possession of a dope pipe (I assume it was for meth or crack?) makes any claims of innocence questionable. I suppose you can always claim that any dope or residue located was hers and not yours.

- Carl
 
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