A bad tenant, bad cops, bad justice system

[boysinivy]

Police came with a search warrant for one of our tenants who was not home at the time. (Note: Police knew this as the tenant quickly left the house minutes before they came. The tenant had to ride his moped right pass these officers as witnessed by a neighbor).

My ex (homeowner), myself, his best friend of 56 years and my girlfriend who stopped by to use the computer before work were home. My ex and friend were in the office out back. A detached building with a workshop and motorcycles and two large vaults with an estimated $600,000 gun collection that belonged to my ex 86 year old dad. And a large office. I was walking out the gate to go grocery shopping when a bunch of men with masks came approaching my front porch. Being the month of Oct. and having such friends with an odd sense of humor, I thought I was getting a Halloween O Gram. lol I really thought this. But soon realized these guys were serious. As we were all handcuffed and placed in the backyard, the police continued to tear up our bedrooms. I asked what this was all about and an officer said "Were' here for this guy" pointing at a piece of paper I assumed was a warrant. The name was our tenants. When asked if I could see this warrant, I was told to shut up and my questions will be answered later.

Next, they wanted to combo to the vaults. Which I thought was odd since if you didn't know these vaults were there, you wouldn't know it. But they did right away and my ex could not give them the combo. They relentlessly pressed and pressed for this combo. Just so you know. My ex and I have enjoyed smoking pot and recreational drugs for over 40 years. We are private people and literally do it in our closets. We work hard, I work out every day, I make dinner every night at 6 and I am mom. My son lives here also. I collect trinket things. I have many different little trinkets throughout my house. One of my favorites was given to my by my grandfather. It is a silver blimp. It had gone missing for some time until I saw it on our tenants desk. I told him to please not touch my things and took it back throwing it my nightstand forgetting about it. The police went through my personal belongings finding this blimp. The twisted the top off and found 3 baggies of meth inside. I was sick.

I was arrested for sales and possession, my ex for gun sales!!! and our two guests for possession. Apparently they found a gram between the two of them. While at the station they continued to call to get the combo. Finally they called the fire dept down. when they couldn't get the vaults open, they called a special lock smith. As witnessed by the next door neighbor, when the vault doors opened all officers did a victory happy dance. Took all the guns, the ammo and left.

It will be two years this month since we were arrested. We have been to court 27 times and every time there is an excuse as to why we have to make another date. We finally just had a prelim. And we have been ordered to answer these charges. We thought this would have been dismissed. We thought a judge would read the 5 different amended police reports and ask if this was a joke. Note: THE TENANT THAT WASN'T THERE AND THE WARRANT WAS FOR?? On amended police report #4 and 5 the tenant was there at the time of our arrests. AND STATES MY EX AND THIS TENANT ALSO HAD OPEN FIREARMS!!!

The tenant....was arrested, no excuse me, turned himself in ONE YEAR LATER. I'm sure you can figure out why (before we motioned to reveal C.I. tenant turned himself in)

I have spent thousands on an attorney who bragged that he was the next best thing to God and said he could get the guns back.

On Sept 31st Labor Day weekend 2014, police came back and broke down out new front door down. handcuffed me, my son and my ex and our new tenant. Went and searched in all the same places as before. Found a pipe in my closet. Found to old bong stems in the back office. Oh and a bag in my vanity. I do acrylic nails. This was a very thick baggie used to put acrylic powder in. There was just a light film of powder in it. The police said it was .05 of what appears to be drugs. I tried to explain to them what it was and that the bag itself weighs .05. I was told to shut up. That this was his city and he was going to come back every week until I was run out.

Our tenant told us that the police wanted him to work with him and tell them where my ex gets his dope. But they discovered the tenant also had drugs. which I found unbelievable. He is an old guy who came with great references and worked everyday. No arrest records. So no more deal making.

Everything I have written here is the complete truth. Nothing changed, Nothing exaggerated. Our lives have been destroyed. Every penny of our money has been spent. Now we face something called crime bail crime. Where our bail will be more. I'm out of money. I am out of hope. I am not going back to jail. I am done.

Everything I was raised to believe about police officers and the justice system has been destroyed. Ok, so I do things that aren't good or legal. But they were done in the privacy of my own house. I pay taxes and I work hard for a living. Everyone including these cops do things in the privacy of their own homes. But no one is breaking down their doors and taking peoples constitutional rights away!!! THIS IS WRONG BUT NO JUDGE WILL READ THE REPORTS. THEY HAVE TAKEN ALL THE MONEY THEY WILL GET FROM ME.

 

[disagreeable]

It seems they have a clear case for drug charges and weapons confiscation. You are not denying the possession charges being valid.

 

[army judge]

Wow, boysinivy, amazing story.
First of all, forget my request in your other thread.
I'll have to think about this for a few hours, maybe a day or so.
I do see why things are going off the tracks.
You've been spied upon, and snitched out.
You appear to have a couple enemies, or your hubby has them, so they've become yours.
I'll also say, people around you haven't been honest with you.
One of those people just might be your spouse.
I've heard many stories, and I believe yours.
Unfortunately, you're being forced to gamble in a casino with loaded dice and marked cards.
For the moment, I'm taking a couple steps back and thinking.
I suggest you do the same.

 

[CdwJava]

Police came with a search warrant for one of our tenants who was not home at the time. (Note: Police knew this as the tenant quickly left the house minutes before they came. The tenant had to ride his moped right pass these officers as witnessed by a neighbor).

A search warrant gives them access to the indicated property whether he is home or not. They can even use force to make entry.

When asked if I could see this warrant, I was told to shut up and my questions will be answered later.

A copy of the search warrant (not the affidavit in support of it) is generally left at the scene after a search along with an inventory of seized items. They do not have to present it to anyone or debate or discuss it while they are engaged in their activity - particularly if it is not safe to do so.

Next, they wanted to combo to the vaults. Which I thought was odd since if you didn't know these vaults were there, you wouldn't know it. But they did right away and my ex could not give them the combo. They relentlessly pressed and pressed for this combo.

Assuming the safes were indicated on the search warrant, he had two choices: Give up the combo, or the cops could seize and cut their way IN to the safe(s).

Just so you know. My ex and I have enjoyed smoking pot and recreational drugs for over 40 years.

I assume by that you mean harder drugs than pot?

The police went through my personal belongings finding this blimp. The twisted the top off and found 3 baggies of meth inside. I was sick.

You should not have stored your meth in such a personal keepsake. Clearly they had some pretty outstanding intel on the property and where you were holding your stash if they knew to search for safes and a specific trinket!

I was arrested for sales and possession, my ex for gun sales!!! and our two guests for possession. Apparently they found a gram between the two of them. While at the station they continued to call to get the combo. Finally they called the fire dept down. when they couldn't get the vaults open, they called a special lock smith. As witnessed by the next door neighbor, when the vault doors opened all officers did a victory happy dance. Took all the guns, the ammo and left.

As I said, the search warrant gave them the right to access it however they had to.

It will be two years this month since we were arrested. We have been to court 27 times and every time there is an excuse as to why we have to make another date.

As discussed in the other thread, your attorney has likely permitted this and agreed to continue to waive time.

We finally just had a prelim. And we have been ordered to answer these charges. We thought this would have been dismissed.

What makes you think they would dismiss sales, possession and firearms charges seized during a search warrant?!?!?! They obviously had a good amount of time invested into the investigation and managed to obtain some good info to support the search warrant and found what they were looking for (apparently). Why would they drop it?

We thought a judge would read the 5 different amended police reports and ask if this was a joke. Note: THE TENANT THAT WASN'T THERE AND THE WARRANT WAS FOR?? On amended police report #4 and 5 the tenant was there at the time of our arrests. AND STATES MY EX AND THIS TENANT ALSO HAD OPEN FIREARMS!!!

Ultimately the police report is NOT evidence. The officer's testimony is. If there was any discrepancy between the officer's testimony and one of the reports, your attorney could have brought that up. However, such a discrepancy may have had little to no impact on the results of the prelim. Your new attorneys can always seek to raise these issues in an attempt to convince a jury that there might be some reasonable doubt. If the DA cannot explain why there were so many amended reports (assuming they were, and they were not assorted supplements that might be partially contradictory), then a jury MIGHT be convinced that one or more of the officers cannot be believed in their entirety. But, credibility is an issue for the trier of fact.

I have spent thousands on an attorney who bragged that he was the next best thing to God and said he could get the guns back.

An attorney that makes such grand promises is usually one you need to run away from. Especially guns seized on a warrant along with drugs for sales!?

On Sept 31st Labor Day weekend 2014, police came back and broke down out new front door down. handcuffed me, my son and my ex and our new tenant. Went and searched in all the same places as before. Found a pipe in my closet. Found to old bong stems in the back office. Oh and a bag in my vanity. I do acrylic nails. This was a very thick baggie used to put acrylic powder in. There was just a light film of powder in it. The police said it was .05 of what appears to be drugs. I tried to explain to them what it was and that the bag itself weighs .05. I was told to shut up. That this was his city and he was going to come back every week until I was run out.

Why did they make entry? Was there a warrant? Were you or the resident/tenant/occupant on a conditional release with search conditions? Was anyone on parole or probation?

If they forced entry without exigent circumstances, a warrant, or one of the aforementioned probation. parole, or release conditions, then your attorneys can move to have any evidence suppressed. I suspect, however, that they had some good cause to permit them entry.

Everything I have written here is the complete truth. Nothing changed, Nothing exaggerated. Our lives have been destroyed. Every penny of our money has been spent. Now we face something called crime bail crime. Where our bail will be more. I'm out of money. I am out of hope. I am not going back to jail. I am done.

I assume you mean that you were caught committing another offense while out on bail for the first offense?

The problem here is not the police, it appears to be the criminal activity that you, your ex, the tenant, and others have been engaged in! THAT is the common factor in all of this! Criminal activity can come with a price ... sometimes it's monetary, sometimes it's jail time. Sometimes, it comes with the ultimate price as drug dealers and drug users are not always the most peaceable lot.

Everything I was raised to believe about police officers and the justice system has been destroyed. Ok, so I do things that aren't good or legal. But they were done in the privacy of my own house.

And, apparently, you invited others in to partake of the substances you did in your house or they never would have known about it. Understand that giving drugs to others is distribution (i.e. sales). If you literally bought it, squirreled it in a closet, and kept it between you and your ex and no one else there would have been no one else to inform the cops of where you hid the dope, the guns, and the money. Clearly, you did not keep it just between you and your ex.

I pay taxes and I work hard for a living. Everyone including these cops do things in the privacy of their own homes.

But, when you do illegal things in your home and it gets uncovered, the cops get search warrants and can act on them as they did here. I fail to see what the cops did wrong in the search of the home or the charges.

But no one is breaking down their doors and taking peoples constitutional rights away!!!

No one took away yours, either. The Constitution mandates that they seek a search warrant - they did. And, anyone else who breaks the law and is found out can be subject to the same treatment.

THIS IS WRONG BUT NO JUDGE WILL READ THE REPORTS. THEY HAVE TAKEN ALL THE MONEY THEY WILL GET FROM ME.

The reports are not evidence. Of course the judge cannot and will not act on them. The defense can try and make some hay out of them at trial when they have the officers on the stand and ask them about conflicting statements from different versions of the reports. If they have a good answer, it could be nothing. It's not uncommon for an officer to write ONE report trying to incorporate the actions of several officers into it and then getting some accounts wrong. However, this should be addressed prior to the report being submitted to the DA and should NEVER be changed except for by a supplement to append to the report. Arguably, this could be an issue of tampering with a public record ... provided that's what happened and the same report was changed four or more times.

 

[army judge]

The more I consider what I've read, boysinivy, the more I'm inclined there was (and is) a very reliable informant.

If you're using illegal drugs alone, you're breaking the law.
But, that's not the biggest problem.
Unless you're clever enough to manufacture your "stuff", you're not alone.
You see, buying dope from a dope peddler is risky.
Using his unsanitary "stuff", riskier.
The biggest risk is the dope peddler.
But, buying dope from a dope peddler, using it in your home with "doper pals", that's down right STUPID.

At some point before all of this went down, one or two things happened: the snitch got mad at you and decided to seek revenge by dropping a roll of dimes on you and your man AND/OR the snitch got caught in a police beef and had to "tag and bag" as many "peeps doing da dirty" as he or she could to ease his or her "police beef"!

Then you, hubby, the snitch, and maybe a baby snitch (that's a snitch in training) hired the same lawyer (who, the more I think about this mess, might himself be a snitch) and you were led to slaughter by The Judas Goat (the snitch that used to be a pal)!

Oh, there's so much more I could write. For now, however, let me just add; don't do illegal drugs, but if you must do them alone. That doesn't overcome the problem of the dope peddler being a snitch, or turning snitch. Selling drugs, buying drugs, doing drugs; too great a risk for no reward. Why? The drug use alone can destroy your life.

I'm still pondering the need for such a large cache of weaponry. Your story sounded great, but upon reflection, I'm beginning to wonder. Complicated and convoluted tales are more often than not, gussied up lies wearing red lipstick, dark eye shadow, and long false eyelashes.

 

[boysinivy]

The snitch is the Tenant. He's been arrested 11 times for drugs. Spent time is prison and got out to get arrested some more. I guess my home and everybody's home is open and not considered private. If a person rents a room out to someone and they are involved in illegal activity, you give up your rights to the police to come in with a paper with a name other than yours and go through your personal things. I remember a long time ago I have rented a room to a young lady. I was back in the office and a police officer came to back and informed me that the she is on probation and upon coming in to check on things, the discovered dope in her room and wanted to let me know that they were arresting her. Now its about allowing police officers to break your door down. I guess I need a reality check. A few of those rifles are used for skeet shooting as we are members of a club. That all. The majority of the guns are antique, rare. If we had been selling dope and had tons of cash and all these guns, ok. We deserved it. But we were violated. And it all comes down to a tenant who wanted to save himself from prison and telling the cops that we were drug dealers with the bonus of the guns without checking us out or anything. The homeowner has never even had a speeding ticket and the same goes for his guests. I have a speeding ticket. I get it. Thanks

 

[boysinivy]

btw, It's not okay to add the tenant as being here during the arrest when he wasn't. And on report #4 adding new charges that the tenant and the homeowner had open firearms on their person at the time of arrests. They want those guns and will do whatever it takes to keep them.

 

[boysinivy]

Thank you Cdwjava and Army Judge.

 

[heracles87]

Too late to do a background check on tenants I guess.

 

[boysinivy]

your right. But I feel it is still wrong the way it has all gone down. I deserved that comment heracles87.

 

[army judge]

The snitch is the Tenant. He's been arrested 11 times for drugs. Spent time is prison and got out to get arrested some more. I guess my home and everybody's home is open and not considered private. If a person rents a room out to someone and they are involved in illegal activity, you give up your rights to the police to come in with a paper with a name other than yours and go through your personal things. I remember a long time ago I have rented a room to a young lady. I was back in the office and a police officer came to back and informed me that the she is on probation and upon coming in to check on things, the discovered dope in her room and wanted to let me know that they were arresting her. Now its about allowing police officers to break your door down. I guess I need a reality check. A few of those rifles are used for skeet shooting as we are members of a club. That all. The majority of the guns are antique, rare. If we had been selling dope and had tons of cash and all these guns, ok. We deserved it. But we were violated. And it all comes down to a tenant who wanted to save himself from prison and telling the cops that we were drug dealers with the bonus of the guns without checking us out or anything. The homeowner has never even had a speeding ticket and the same goes for his guests. I have a speeding ticket. I get it. Thanks

Yes, I get it.
I've defended people that were violated 100 times more than you were.
That's NOT to say you weren't violated, and it doesn't hurt.

But, I have said this all of my legal life.
Justice is a myth, as is our so called government.
Now, i say that having seen it from the inside.
Its nasty business.

I wore this nation's army uniform for three decades.
I served four tours in combat in 'Nam.
I fought, not for this country, I fought for my miserable, wretched life.
There's so much more I could say, but this isn;t about me, its about and FOR you.

This would never have happened, had you not taken in the snitch.
That's one reason we don't allow overnight house guests.
Not so much because we're doing anything illegal, but because we love our privacy.
You're right, your home should be sacred.
But, YOU and YOUR hubby allowed that rat to live with you.
Had you never permitted him into your home and lives, never trusted him, this would not have happened.

Then you continued to trust him, even after you had been arrested.
The biggest criminal, as far as I'm concerned, is government.
Our ancestors did well on their own.
They hunted, fished, farmed, and lived without EBT cards, handouts, grants, and horse riding licenses.
We have done this to ourselves.
We allow government freaks to probe us, question us, and search out junk just to board an airplane.

Like sheep, being led to the slaughter by a judas goat, we even permit people to search our recently purchased junk upon leaving Sams Club, Cistco, BJ's Warehouse, etc...

I don't, because its not required.
I haven't lost my membership, but so what if I had?
I'd still retain my dignity.

Now to you, what can you do?
You can start by severing all ties to the rat.
The public defender you will get will work for you.
He or she will assist you.
As you've learned, the great lawyer you hired didn't.
Myth busted, right?
This is your fight,m your problem, your liberty is at risk.
Screw the money, you can get more of that.
But, you can only get money IF you're free, not caged like a wild beast.

So, tomorrow, its a new day.
You start fighting for you.
As we've explained, the prlim is nothing.
I normally waive it, and proceed directly to trial.
HINT: Delays and continuances rarely benefit the defendant.
Don't try to prove your innocence.
The state has a burden, the burden to prove up what they've alleged.
The state must prove your guilt, beyond a reasonable doubt.

Forget this prelim nonsense.
You're aiding and abetting your own conviction and incarceration.
Besides, even if convicted in CA, you'll likely get probation.
But, you're nowhere near that, yet.
Focus on working with your new attorney, don't call him or her a PD, he or she is a licensed defense attorney funded by the taxpayers.
Be gracious and accept the help.

Stop carping, whining, moaning about the snitch you once foolishly befriended.
From this moment forward, don't break their laws.
If you must break their laws, do it alone.
Without witnesses and proof, no crime can be committed.

At our advanced age, we shouldn't be doing anything but relaxing.
I am enjoying this stage of my life, you can, too.
Its time to fix this mess you created.
Keep to yourself, I do.
Be cautious about allowing anyone into your home.
Smiling faces tell lies, backstabbers!!!!!

 

[CdwJava]

The snitch is the Tenant. He's been arrested 11 times for drugs. Spent time is prison and got out to get arrested some more. I guess my home and everybody's home is open and not considered private.

It's "private" but you allowed others in to partake of the illicit substances and activity you engaged in. That's what exposes you to prosecution.

And, as AJ stated, even buying dope from others can lead to your identification and prosecution. Manufacturing, too. Bottom line is that illegal drugs are dangerous and illegal and you will always run the risk of prosecution, rip-off, or worse.