Arrest, Search, Seizure, Warrant Arrest and Search and Seizure

[ryoung0302]

Hello, how is everyone? I am not sure where to turn to for advice, as I do have a good atourney working for me, but am still looking for the opinion of others out there. I am currenty in a situation where I can not disclose anything about the case except what they are telling me so far. I know that two weeks ago the police showed up at my door with what they called a "pocket warrant". I was taken to the ground out of my apartment and asked if anyone else was home, I told them my 2 yr old was asleep in his room. I was then taken to a patrol car wearing only my boxers and a tshirt. The police then went through my apartment, and came back to the car and asked if I would sign a consent form for them to search my house. During this time, they were still inside with no one but my 2 yr old with them. I told them that I would rather wait and talk to my attorney and they shut the door and went back into my apartment. After about 10 minutes another officer came to the car and asked why I was being a jerk, and how long it would take someone to arrive to care for my son. I then asked him if I could go inside and he said no that I was under arrest and that if I did not sign the consent to search my house, they would call CPS and not allow my mom access to care for my son. I have no record what so ever and in fact was getting ready to graduate with my nursing degree within the next few months. So this is not only going to destroy my career, but also have many other implications within my life. Oh also when I was taken down to the station, my wife and my mom called a lawyer that we know and he could not find me in the system so that he could meet with me while I was being questioned. This all started at around 1:15 in the afternoon, and I was not read my miranda rights until about 4 that afternoon. That and I was never shown an arrest warrant, or booked in until almost 7pm that night.

Can anyone here help me with the "pocket warrant" and knowing what that is, and also is it legal for the police to be in the house with no consent, and then force me to sign a consent form so that I could obtain proper clothes, and make sure my son had proper care?

I know this is kinda of jumbled and I am sorry, I have never been in any trouble before, and am actually shaking while I am writing this just from thinking about it.

Thanks

 

[monicalee]

i am shaking now too

first of all i am not a lawyer so if i sound like i am giving you legal advice its just cuz i am pigheaded when it comes to the police.

when the police do things this way its usually to someone who doesn't have much for them to base a warrant on so they should probably be bothering some bad guy. but this type of police action is done by a buncha cowards who have to make things up to do to avoid real police work. Pocket warrant hmmmm "i don't want to show you it so its inmy pocket" Does that sound about right?

hell this buncha lames couldn't get the judge's signature even with their damn lies so they had only one choice left and that was to power play you. They did this using a 2 year old child as their weapon.

The only time this might be remotely understandable if they were there because of a danger to the child (a big bad horrible danger) . Otherwise buddy you owe it to yourself to spend, borrow, beg, sell whatever, and pay your attorney (or mine cuz he's real goooood) and put this whole affair behind you. After that is done consult your attorney as to whether the next step should be a civil suit for the rights of yours and your son's that were violated that day.

I think you know your rights, more than you let on. Don't let what happens to other people every day fool you, there is still a shredded document that we can use to protect ourselves and the more we use it the stronger it will get, (the reverse is also true).

If all is like you say you have so many issues that a lawyer can use to your advantage it is almost funny. (i know you aren't laughing)

I ain't saying much about your choice of attorneys but you said he couldn't find you when you needed him and maybe that is a bad sign. He had plenty of time. If you want my lawyer just ask me. I am not here to advertise him but he represents cases all over the US and he's a very devoted father of young children as well. ewwww they mad you sign so you could have clothes to wear. I em sooo mad when i hear this crapola. You can't let them do this. some people will tell you things like you are wrong for signing etc.... you don't listen to it..... this was duress (i am not a lawyer, just pigheaded remember) but get one and he'll say i'm right.
Props daddy and best of luck with the nursing degree,
and if you were doing something dumb that caught the police's attention have a good talk with yourself about it all, you still have yourself to answer to.
monica

drugs are stoooopid

 

[vortex360]

Hello, how is everyone? I am not sure where to turn to for advice, as I do have a good atourney working for me, but am still looking for the opinion of others out there. I am currenty in a situation where I can not disclose anything about the case except what they are telling me so far. I know that two weeks ago the police showed up at my door with what they called a "pocket warrant". I was taken to the ground out of my apartment and asked if anyone else was home, I told them my 2 yr old was asleep in his room. I was then taken to a patrol car wearing only my boxers and a tshirt. The police then went through my apartment, and came back to the car and asked if I would sign a consent form for them to search my house. During this time, they were still inside with no one but my 2 yr old with them. I told them that I would rather wait and talk to my attorney and they shut the door and went back into my apartment. After about 10 minutes another officer came to the car and asked why I was being a jerk, and how long it would take someone to arrive to care for my son. I then asked him if I could go inside and he said no that I was under arrest and that if I did not sign the consent to search my house, they would call CPS and not allow my mom access to care for my son. I have no record what so ever and in fact was getting ready to graduate with my nursing degree within the next few months. So this is not only going to destroy my career, but also have many other implications within my life. Oh also when I was taken down to the station, my wife and my mom called a lawyer that we know and he could not find me in the system so that he could meet with me while I was being questioned. This all started at around 1:15 in the afternoon, and I was not read my miranda rights until about 4 that afternoon. That and I was never shown an arrest warrant, or booked in until almost 7pm that night.

Can anyone here help me with the "pocket warrant" and knowing what that is, and also is it legal for the police to be in the house with no consent, and then force me to sign a consent form so that I could obtain proper clothes, and make sure my son had proper care?

I know this is kinda of jumbled and I am sorry, I have never been in any trouble before, and am actually shaking while I am writing this just from thinking about it.

Thanks

It would seem to me that if they had legal justification to search, then they would not be concerned about obtaining a consent to search from you. The question is whether you conceded to their pressure and signed a consent to search. I've never heard of a pocket warrant and perhaps there was nothing in their pockets at the time but their measly pocket change or some condoms. Good luck to you and I hope you prevail.

 

[CdwJava]

It would seem to me that if they had legal justification to search, then they would not be concerned about obtaining a consent to search from you. The question is whether you conceded to their pressure and signed a consent to search. I've never heard of a pocket warrant and perhaps there was nothing in their pockets at the time but their measly pocket change or some condoms. Good luck to you and I hope you prevail.

A "pocket warrant" is a Texas phenomenon that is obtained through the DA's office.

From a TX DA's site:

... a "pocket warrant" pursuant to CCP art. 15.03(a)(2), where an arrest warrant can issue "when any person shall make oath before the magistrate that another has committed some offense against the laws of the State." It does not require that the person also request that the magistrate file a formal criminal charge. Thus, the arrest can take place before the suspects are aware that they are wanted for the crime, and the complaint can be filed after they are taken into custody.

- Carl