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  1. #1

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    Wrong Address On Warrant

    My son was arrested for distributing and other undisclosed misdemeanor charges in his home tonight. First, the arrest warrant has the next door neighbor's address, not his. His girlfriend got him out of the shower because somebody was beating on the door and prying it open. He came into the living room with just a towel wrapped around him. They broke into his home without identifying themselves. He asked if he could go get some pants on and they kicked him in the back onto the ground. They searched the house and found a small amount of personal marijuana and paraphernalia for which they charged him with and the two minors (my son is 19 and both minors are 17). He was not read his rights at the time of the arrest, but much later when they scared him into making a confession, because they told him that his girlfriend and a friend of his brother's would be charged unless he confessed to everything including the distribution charges for which there was no evidence. They impounded the old truck that we gave him for his birthday/graduation. He has never been in trouble. He just graduated last year, works hard, has purchased a small used manufactured home for $2,000 and almost had the personal loan for it paid off. His lifestyle shows nowhere in it room for anything but hard work...6 and sometimes 7 days a week so that he can pay his bills. Granted, he shouldn't have had anything in possession, but to have his hard work and life thrown away in a snuff...what can we do to help him?
    ScaredMom


  2. Moderator Learned Scholar

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    Quote Originally Posted by ScaredMom
    First, the arrest warrant has the next door neighbor's address, not his.
    This might permit some penalty for damaging property or to suppress evidence seized during the arrest, but it would do nothing to defend against the underlying charges for which the warrant had originally been issued.

    They broke into his home without identifying themselves.
    I'd venture a guess that the police will testify that they DID identify themselves and that at least some of them had distinctive clothing, emblems and/or badges.

    He asked if he could go get some pants on and they kicked him in the back onto the ground.
    If they are making a dynamic entry, they are not going to be inclined to let him wander about the house.

    They searched the house and found a small amount of personal marijuana and paraphernalia for which they charged him with and the two minors (my son is 19 and both minors are 17).
    If the entry was unlawful, then this evidence might be suppressed.

    What state is this in? Was his girlfriend one of the 17 year olds? If so, this could lead to additional problems depending on the age of consent in your state.

    He was not read his rights at the time of the arrest,
    Unlike TV (and NYPD policy) the police do not need to Mirandize someone at the time of arrest - only after they are under arrest AND being questioned. Since you say he was later Mirandized when he was interrogated, then this is a non-issue.

    He needs an attorney ASAP.

    - Carl

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    Quote Originally Posted by CdwJava


    If they are making a dynamic entry, they are not going to be inclined to let him wander about the house.

    The officer got him (he of course was not allowed to get anything) only a pair of shorts...baggy at that...you know the kids these days...with no underpants and no belt or shoes.


    What state is this in? Was his girlfriend one of the 17 year olds? If so, this could lead to additional problems depending on the age of consent in your state.

    We are in Alabama. His girfriend of 2 plus years is one of the 17 year olds.

    Unlike TV (and NYPD policy) the police do not need to Mirandize someone at the time of arrest - only after they are under arrest AND being questioned. Since you say he was later Mirandized when he was interrogated, then this is a non-issue.

    He needs an attorney ASAP.

    - Carl
    First, we immediately...through much help from family and friends because we could not afford it any way shape or form...got him a lawyer. He did explain how they get out of the Mirandizing at the proper time all the time. We are hopeful, but very realistic. We realize that other charges could come up in regards to his girlfriend/fiance...They were thinking marriage next summer after she graduates...and the other young man that was in the house at the time of the arrest. We realize that even though there are problems...there are no guarantees on anything except that God will be with us through it all! We also realize that what the TV shows is not reality.

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    It would seem that AL has an age of consent at 16 so I doubt the age thing will be a LEGAL issue unless the girlfriend is a runaway or otherwise delinquent ... though I can make a moral argument against the arrangement.

    He did explain how they get out of the Mirandizing at the proper time all the time
    Hopefully, what your attorney explained was not that the police "get out" of Mirandizing, but that they are not required to do so until both elements of ARREST and INTERROGATION have been met.

    Also keep in mind that you know only that which your son wants you to know. The fact that he has an arrest warrant for dope based upon circumstances which you are probably completely unaware of, and the fact that paraphernalia was found in the home, should combine to give you pause to think that - perhaps - he is not so innocent as he may portray himself to be. He may need some serious help. And if he has supplied either of these teens with dope - or permitted them to use in his presence - he may face some additional charges. In my state he could be charged with child endangerment - a potential felony offense. I suspect that AL has a similar statute available for exposing minors to drugs.

    - Carl

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    I am full aware that what my child tells me and what is reality can be two different things. I am also aware that there were supposed to be stolen guns, cocaine and much other stuff involved...for which none of them were found because my son does not have any such items. We have known for some time that he will smoke marijuana and have talked many times to him, but never saw that it was interferring enough to interveine (sp) with rehab. I guess we shouldn't take that attitude, but we were trying to reach him through our relationship with him (which is very close). There is much more to this whole story than I can state at this point, due to it being a small town and the atty stated that we shouldn't speak of specifics. I do know that the majority of the SWAT team involved said that this "bust" should never have happened...for which I say, my son should have been caught with the items he had, but not in the manner it happened. As it is, he has made the decision that his life is worth a whole lot more than the game he was playing. He has many goals and has worked hard to get where he is...which is nothing compared to the many who have it all...money, cars, nice homes etc. He has had to work for everything that he has...78 Chevy truck, 30+ year old manufactured home of which the majority inside was furnished by friends and family. He has worked overtime any chance he gets to meet his bills. For someone who is supposed to be selling...the money they confiscated was a mere $86. You can condemn him for all and I do understand that stance, but I also understand there are a lot of people who are making there living off of kids like mine and they are the ones who should be put away...my son made a mistake that could cost him his very life. I hope none of your's ever surprises you in this manner...even the best of homes have kids that stray. Often, it is much more serious in homes that have lots of money.

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    Obviously, I have no idea if he is guilty of the alleged crimes or not. I also have no idea if he is a good kid or a bad one. I only pointed out the issues of the minors and the drugs as indicators of trouble. And I am always wary when someone quotes other officers (i.e. members of the SWAT team) as saying something shoul dno thave happened. Typically I have found that such comments are usually taken way out of context or were gathered third hand. I have personally been asked by the media about comments I allegedly made about a case when, in fact, I never made such comments.

    If he has an attorney, then he had best speak to the attorney about the issue. Also, keep in mind that anything he tells you is not protected. If your son talks to you about anything at all, you can be called to the stand by the prosecutor to testify. So, it would probably be in his best interest not to speak to you about the charges or anything that could get him into trouble.

    - Carl

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    Quote Originally Posted by CdwJava
    Obviously, I have no idea if he is guilty of the alleged crimes or not. I also have no idea if he is a good kid or a bad one. I only pointed out the issues of the minors and the drugs as indicators of trouble. And I am always wary when someone quotes other officers (i.e. members of the SWAT team) as saying something shoul dno thave happened. Typically I have found that such comments are usually taken way out of context or were gathered third hand. I have personally been asked by the media about comments I allegedly made about a case when, in fact, I never made such comments.

    If he has an attorney, then he had best speak to the attorney about the issue. Also, keep in mind that anything he tells you is not protected. If your son talks to you about anything at all, you can be called to the stand by the prosecutor to testify. So, it would probably be in his best interest not to speak to you about the charges or anything that could get him into trouble.

    - Carl
    I'm just a mother, this is by far the most incriminating thing against me...as any mother will come to her child's rescue...so people think. That being said, the swat team thing is no big deal because it would never be proven...always denied because of the "brotherhood" so to speak...mute point in all of this as it would never go to court.

    He has an attorney and we all realize the risk of being called in as a hostile witness, but my son wants me by his side as he has never had anything like this happen and hopefully never will again. We have since learned that some of the charges are for things he had nothing to do with and doesn't even fool with at all. I believe his atty will lead us in the right direction and we will follow his guidance at this point forward. I appreciate your input and thoughts in this matter...now, only God and time will take care of the rest of this situation. We know that he will face something, but what it is is in God's hands now.

    ScaredMom

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