Search warrant for a specific stolen item resulted in drug charge

[brandelee]

Jurisdiction

Washington

The police had a search warrant to search my home for an item that was thought to be in a large black pelican case. It said they could search for manuals or documents for that item as well. They searched my inside pocket of my purse (which was in my room), which was not where I was when they came to the door. They also searched a 12"x12" cupboard door in my wall unit with cubicle bins in my room (purchased from Ikea, Kallax is item name). They found paraphernalia in the cupboard, like a pipe and scale. In my purse they found about 1 gram of meth. Again, in a small inside zipper pocket of my purse. About 4" long zipper pocket. Since this item they were looking for was very large (approx 36-48" wide and high) and in a case, wouldn't this make the drugs they found an illegal search? I'm thinking of doing a motion to suppress. The only potential thing is the manuals or documents they say that they were also searching for. But still, items that would not be in my purse in a small zipper pocket. I would like some advice or feedback as to this situation and if I should attempt it. I honestly feel like they had no intention of searching for that item when they came. They didn't even turn my garage, which was where an item of this nature would generally be kept. Nor did they search my living room. It was clear their intentions were for drugs. Thank you for your assistance.

 

[zddoodah]

Since this item they were looking for was very large (approx 36-48" wide and high) and in a case, wouldn't this make the drugs they found an illegal search?

Since you didn't tell us what the item sought was, it's impossible to provide any sort of thorough analysis. However, since the warrant also allowed the police to "search for manuals or documents," and since "manuals or documents" could be found virtually anywhere, it seems unlikely that the search exceeded the scope of the warrant.

I'm thinking of doing a motion to suppress. . . . I would like some advice or feedback as to this situation and if I should attempt it.

You should consult with a criminal defense attorney and then seek treatment for your drug problem.

 

[justblue]

The police had a search warrant to search my home for an item that was thought to be in a large black pelican case. It said they could search for manuals or documents for that item as well. They searched my inside pocket of my purse (which was in my room), which was not where I was when they came to the door. They also searched a 12"x12" cupboard door in my wall unit with cubicle bins in my room (purchased from Ikea, Kallax is item name). They found paraphernalia in the cupboard, like a pipe and scale. In my purse they found about 1 gram of meth. Again, in a small inside zipper pocket of my purse. About 4" long zipper pocket. Since this item they were looking for was very large (approx 36-48" wide and high) and in a case, wouldn't this make the drugs they found an illegal search? I'm thinking of doing a motion to suppress. The only potential thing is the manuals or documents they say that they were also searching for. But still, items that would not be in my purse in a small zipper pocket. I would like some advice or feedback as to this situation and if I should attempt it. I honestly feel like they had no intention of searching for that item when they came. They didn't even turn my garage, which was where an item of this nature would generally be kept. Nor did they search my living room. It was clear their intentions were for drugs. Thank you for your assistance.

Nothing you describe is, IMO, an illegal search. You will end up in prison if you go to court pro se. Hire an attorney and get into rehab. You don't look well Brandelee.

 

[army judge]

It was clear their intentions were for drugs. Thank you for your assistance.

You do yourself a grave disservice by discussing ANY aspect of your case with ANYONE but your attorney.

That said, if you believe the police violated the LIMITS of their search warrant, disclose that information to YOUR attorney.

Don't tell your attorney's admin, her paralegal, ONLY the attorney herself.

If your attorney is away for a week, KEEP YER YAPPER CLOSED and wait until she returns.

Make an appointment with your attorney, and tell her face to face!

 

[mightymoose]

Based on your description I would say you have a reasonable argument to make. Generally, the search is limited to the places the item sought might reasonably be found.
As above, you are doomed if you are attempting to defend yourself. Hire a competent defense attorney and discuss your concerns.

The only thing I can think of that would justify the search you describe is if you were already in custody. In that case anything in your possession at the time was pretty much fair game regardless of the warrant.

 

[brandelee]

Thanks for the advice. I have already sought help. That was the first thing I did upon release from custody. And I have sought help from my public defender. But we don't agree on much of anything regarding the case. So I guess I should seek competent defense.

Since you didn't tell us what the item sought was, it's impossible to provide any sort of thorough analysis. However, since the warrant also allowed the police to "search for manuals or documents," and since "manuals or documents" could be found virtually anywhere, it seems unlikely that the search exceeded the scope of the warrant.



You should consult with a criminal defense attorney and then seek treatment for your drug problem.

I

 

[justblue]

Thanks for the advice. I have already sought help. That was the first thing I did upon release from custody. And I have sought help from my public defender. But we don't agree on much of anything regarding the case. So I guess I should seek competent defense.


I

What was the item sought?

 

[Highwayman]

But we don't agree on much of anything regarding the case.

Maybe you're the one who is wrong.