hugegolfnut
New Member
aight now heres my thing. i know this seems long but its a long story. it was Friday April 22, 2005 and we were having a party at mine and my roommate's apartment in troy alabama. there was 8 people in the room, six guys and 2 girls and it was a fairly large thing we had going on. we had been all around the town that night at a couple of other houses and whatnot but thats beside the point. we came back to our residence at approximately 12:00 because the place that we were at before we werent sure if we could smoke a couple bowls. all of us except my cousin was under 21 (he is 23) and we were just havin a good time playin mario kart etc and smokin a couple bowls and drinkin some beers. one of my friends started to get a lil too tipsy so we took his bacardi away from him and he got upset about it... so the girls that were with us told him that if he streaked around the apartment building that they would give it back to him. him and my cousin did so and came back in and everything was cool, he got his bacardi back and we went back to playing mario kart. about 20 minutes later there was a knock at the door and my roommate went to get it. as he was fixing to open the door he noticed the door knob was already turning so he didnt have time to look through the peephole and he cracked the door open and there were 3 officers outside the door saying that they got a call about some streakers (if it would of beenme i would of opened the door of course but i would of never let them in). well next thing you know they walk on in to our apartment and one of the officers says "aight... who in here has been smokin weed?" no one answered and he said it again. still no one answered and he walks over to the couch about 8 feet away from me a picks up one of the cushions on the back and finds my black zip bag that i keep my reefer in. he then asked whos it was and fearful that he would try and blame it on the girl that was sitting on it i said that it was mine. he then proceeded to open the bag and said "ok whats this inside?" and of course i said marijuana (maybe 1 1/2 grams at the most). so then he walked over and told me to put my hands behind my head and he patted me down and removed my wallet from my back pocket and got my license out and everything. he then cuffed me. after cuffing me he decided to read us our miranda rights. the cops then began to give everyone a breathilizer test and they said and i quote "if they blow they go." so they started i belive with my roommate (could be mistaken)and worked their way around. while one officer was giving the breathilizers another officer was patting down my cousin who had probably a 15 sack on his person and a pipe. he got cuffed and me and him both were told to sit down in the floor. a few minutes later he told me to stand up and he told me and my roommate to sign a paper which would allow them to search our apartment. just wanting to get it over with we both did it and one officer went back in my room and began to look through my stuff. i turned my head around the corner into my room and politely asked the officer if i could be in there with him while he was seaching through my stuff and he complied. so i stood up and went back with him into my room. (of course they found nothing else because we didnt have anything else) while i was back there was when they were getting around to giving everyone a breathilizer. luckily for me because of asking to be in my room while it was being searched they forgot to give me one but they gave everyone else in the apartment one. it just so happens that one of the girls was the neice of one of the shariffs around here and they let her call her mom and her mom came and picked her up. as i said earlier the cops stated that "if you blow you go." well she blew and she was underaged but they let her off because she was a relative of a sheriff. in all that night five poeple were arrested and taked to jail. me, my cousin, and my roommate were charged with possession of marijuana, my cousin was also charged with possession of paraphenalia, and one of the girls and the other who went streaking earlier was charged with minor in possession of alcohol. just to help heres the exact words of my police report "_________ admitted that the bag that he was sitting on and the green leafy plant-like meterial inside was his after being mirandarized. This offense occoured at ___________ within the city limits of troy AL." thats the story so now heres the questions.
1.) they came over beacuse they got a call for streakers. did they have the right to enter our residence? ive done a little homework on some of this and there was a case similar to this a few years ago. i believe it was Mapp Vs. Idaho. police entered Mapp's house without a warrant because they had a call that someone that they were looking for was hiding out in the house or something like that i cant really remember. in the process of looking for whatever or whoever it was they were looking for they came across lewd meterials which Mapp owned stored in a chest and a few things even in the basement. they arested her for possesion of lewd meterials and she was later convicted. they appealed the case on the grounds that the officers performed an illegal search and seizure beacause 1. they didnt have a warrant and 2. their intentions were to find information or a person or somethin, not to find lewd meterials. to relate back to my story the cops came by for streaking, entered my residence and arrested no one for their initial purpose.
2.) my confession was before i was read my miranda rights and if i am not mistaken, my confession wouldnt be valid in a court of law because of this. also though on the police report it said that my confession was after we were read our rights. how would i go about proving that it wasnt?
3.)the report stated that i was sitting on the black bag which is a complete and utter lie. i know about the whole plain view thing or whatever and yet again if i am not mistaken if they didnt have a warrant to enter and search my residence and my pot wasnt in plain sight they cant move things and look under things to find proof of a suspicion. not only was it behind a couch cushion, it was completely zipped up. isnt that an illegal search and seizure? and the same goes for my roommate. his weed was in a crown royal bag under the coffee table and they basically did the same thing to him as what they did to me and the sad part for him was he didnt even have but mabe 1/4 of a gram.
4.) do officers have the right to not charge someone if they are related to a higher ranking officer? in the case of the girl that was let go because she was the neice of a shariff or somethin.
I am only 19 and i can plea youthful offender and it will be dropped off of my record, but to me its not about just being free... its about me feeling that my rights have been alienated and even though i was in the wrong for possession of marijuana i feel what the cops did was definitely not right by using scare tactics to provoke a premature confession.
if someone would please get back to me ASAP. i dont have much money but if i feel that i have enough evidence in my favor to prove my case then i will hire a lawyer and fight it. IMA GET MINE!!!!!
1.) they came over beacuse they got a call for streakers. did they have the right to enter our residence? ive done a little homework on some of this and there was a case similar to this a few years ago. i believe it was Mapp Vs. Idaho. police entered Mapp's house without a warrant because they had a call that someone that they were looking for was hiding out in the house or something like that i cant really remember. in the process of looking for whatever or whoever it was they were looking for they came across lewd meterials which Mapp owned stored in a chest and a few things even in the basement. they arested her for possesion of lewd meterials and she was later convicted. they appealed the case on the grounds that the officers performed an illegal search and seizure beacause 1. they didnt have a warrant and 2. their intentions were to find information or a person or somethin, not to find lewd meterials. to relate back to my story the cops came by for streaking, entered my residence and arrested no one for their initial purpose.
2.) my confession was before i was read my miranda rights and if i am not mistaken, my confession wouldnt be valid in a court of law because of this. also though on the police report it said that my confession was after we were read our rights. how would i go about proving that it wasnt?
3.)the report stated that i was sitting on the black bag which is a complete and utter lie. i know about the whole plain view thing or whatever and yet again if i am not mistaken if they didnt have a warrant to enter and search my residence and my pot wasnt in plain sight they cant move things and look under things to find proof of a suspicion. not only was it behind a couch cushion, it was completely zipped up. isnt that an illegal search and seizure? and the same goes for my roommate. his weed was in a crown royal bag under the coffee table and they basically did the same thing to him as what they did to me and the sad part for him was he didnt even have but mabe 1/4 of a gram.
4.) do officers have the right to not charge someone if they are related to a higher ranking officer? in the case of the girl that was let go because she was the neice of a shariff or somethin.
I am only 19 and i can plea youthful offender and it will be dropped off of my record, but to me its not about just being free... its about me feeling that my rights have been alienated and even though i was in the wrong for possession of marijuana i feel what the cops did was definitely not right by using scare tactics to provoke a premature confession.
if someone would please get back to me ASAP. i dont have much money but if i feel that i have enough evidence in my favor to prove my case then i will hire a lawyer and fight it. IMA GET MINE!!!!!
