Arrest, Search, Seizure, Warrant Coersed and threatened into signing! HELP

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tsdanir

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The other night the cops knocked on the door and my boyfriend answered it. They pushed their way through. They ran through the house with flash lights yelling and waking everyone up. I was the last up.

They brought us into the living room and put us all in hand cuffs with out even telling us the charges. They the cops didn't have a warrant. They brought me into the other room by myself (I was the only girl) and two cops stood over me threatening me that if I didn't cooperate they were going to call CPS and That I was going to jail and if I didn't cooperate I was interfering in police investigation. They coerced me into signing a search consent. I didn't voluntarily do this. I did it out of fear.

Can this be used as a defense method in the case? (That the signing of the consent form was coercion and not voluntary?) Or am I ''screwed"?
 
To get sound advice,
- I need to know what they were looking for.
-what they found?
-Who was charged for what?
-were you charged or are you a suspect in anything?
-Do you think anyone there has implicated you?
Did they read your Miranda rights? If they did and you signed, then that would be hard to suppress the evidence of the search. Did any other people complain about this? Do you know if they had a tape recorder? These guys normally would not search without a warrant or without playing hard ball legally with you and getting you to give consent. It is legal for them to play hard with you to get the truth. They could get in without a warrant if they think a crime was in progress………..
 
the cops came in and they were looking for (originally) a person for an unknown reason. They did not announce what the reason was.

Then they started saying that they know about the drugs that are coming in and out of this house. (that's why they were there i guess and supposedly someone pointed the finger our way)

I do not "live" in the residence where this took place, however, I am on the lease. I was a co-signer because my boyfriend needed a co-signer.

(so legally, the cops said that I could be held liable for everything as well because the residence has my name on the lease) they were looking for drugs.

I wasn't read my miranda rights. I wasn't arrested, but they did put me in cuffs (and everyone else) i guess to use as a scare tactic. That's when they brought me into the room alone and coerced me to sign a concent form to search. They threatened me with all kinds of stuff. They ended up letting me go free with no charges or arrests.

My boyfriend and his cousin both informed the cops that I had nothing to do with the drugs in the house and that I wasn't a part of anything.

They cops arrested my b/f and his cousin. I was let go. my boyfriend was charged with what they found in his room and his cousin was charged with what they found in his room.

My b/f had a rock of cocain and his cousin had coke and pills. I don't know of a tape recorder.

The other two that were arrested are complaining about the fact that there was no search warrant. They were able to read the police report and it's totatlly false. The cops said that "we let them in" however, the truth is that they pushed threw the door.


There was no crime in progess, no probable cause. I believe that they were there as a result of hear say. We were sleeping at the time (it was in the middle of the night)

No one here has implicated me. (i think that means that they said I was involved as well)
They signed a statement saying that I wasn't involved.
 
Your B/F and Co. can get their lawyer to file a motion to suppress based on your narration. But it would not be easy given they were both found in possession and it could be give the impression that, it is merely a defense tactic. Your lawyer would go over the report and see how he can contradict their statements or procedure. Only a lawyer who reads the reports and talks to the witnesses can tell you if you have a chance to suppress the evidence. But it is worth a try………………very hard given everyone who was there at the time has something at stake.
 
I was going to type up my own statement describing the incident and have it notorized and give it to my b/f's lawyer. My b/f is also going to do the same thing with his side of the story and have it notorized and submit that to the lawywer as well.

Do you think that this will do any good?
 
tsdanir said:
I was going to type up my own statement describing the incident and have it notorized and give it to my b/f's lawyer. My b/f is also going to do the same thing with his side of the story and have it notorized and submit that to the lawywer as well.

Do you think that this will do any good?
Click to expand...

Since you were not charged with anything, you have no standing.

Also, your boyfriend cannot complain about you giving consent.
 
The law requires both sides of a criminal case have the right of cross examination………..So if his lawyer was to file a motion, you guys would have to testify. Just a statement would not do much. You would have to be under oath in court. The seniorjudge is right, you have no legal leg unless it when called as a witness……………you are not charged. Given you are his BF, your credibility even when you testified would be severely under scrutiny. Honest, as I said earlier, the absence of any neutral witnesses with no stakes in the case would make it extremely difficult to suppress the evidence. Cops sometimes cross the line but they know how to cover it up and play around your brain during such incidents. They would tell a very convincing story………….The succeed with such schemes even on the most educated people. I see it every day…………..
 
My b/f wasn't going to "complain" about me giving consent. His statement was going to explain how the cops knocked on the door, hid (so we couldn't see thru the peep hole and then when he opened the door, the cops busted in. The police report says that the defendant "let them in"... that is false. They pushed the door open.

My b/f is being charged, so would a statement regarding his side of the story be of some validity?
 
By all means, go to court, file a statement, do whatever you want.

However, your boyfriend has no right to complain about you giving consent. Even if you did NOT give consent, he cannot complain. He has no standing. It wasn't his place so he couldn't give consent even if he wanted to.

You have no standing in the case. You are not involved in it.
 
Thank you to all for your answers.

I have one more question....

We have a neighbor that is s "spy" so to speak and peeps around the complex with binoculars. If this neighbor peeped through my window and saw the drugs and called the cops can I complain? Is it legal to peep into people's homes through the window and if evidence is found that way can it be thrown out.

we have a STRONG, reason to beleive that this neighbor is the one that "told" on us. We live on the bottom floor directly across from this neigbor on the second floor and he can see straight into our kitchen. (again... I know we were not in the right... but, is this wrong too in obtaining evidence?)
 
Whatever your neighbor can see without trespassing on your property is fair game. If you felt or feel your neighbor is spying in a way which violates your privacy rights you ought to have made a complain earlier. You have to always take steps to protect your privacy when living in a community where everyone can look into the others home. If your neighbor has a hobby of looking around with binoculars and has never done more than that………. like stalking, or similar moves, then your neighbor is not violating your rights. Your neighbor can look at whatever is out of his or her window. You can't suppress the evidence even if your neighbor was the one who called the cops.
 
tsdanir said:
Thank you to all for your answers.

I have one more question....

We have a neighbor that is s "spy" so to speak and peeps around the complex with binoculars. If this neighbor peeped through my window and saw the drugs and called the cops can I complain? Is it legal to peep into people's homes through the window and if evidence is found that way can it be thrown out.

we have a STRONG, reason to beleive that this neighbor is the one that "told" on us. We live on the bottom floor directly across from this neigbor on the second floor and he can see straight into our kitchen. (again... I know we were not in the right... but, is this wrong too in obtaining evidence?)
Click to expand...


If the neighbor was "just" a peeping tom and not working for the cops, it is unlikely that this would get thrown out.

If he is working for the cops, he cannot commit illegal acts to gain evidence.

Google

search warrants fruit poisonous tree
 
Just to clearify your private message....the system would not let more than 1000 characters in private forum.


What the seniorjudge is saying is you cannot fight the charge in anyway because you were not charged. So you can only be a witness for your BF when called in court. A witness can't lead in a case except just being a witness when called. Officially, you are not to work with your BF to build his case or alter your testimony to help him…..technically it could get you in trouble even if you have a personal relationship. I know you are honest but they can accuse you of that and even conspiracy charges later……You would even be asked under oath if the case goes to trial, your role in preparing the defense's case. As I said, your written testimony would need cross examination by both sides under oath. So your testimony would be valid only when your BF's lawyer files a motion to suppress. If you read my previous post you would see why I don't think you BF has a chance to prevail in suppressing the "illegal search"…………..all his witnesses have stakes in the case so their credibility would be questioned even if you guys are right. That is just how the system is set. If both of your names are on the lease, one person is enough to give consent for a search. Then might have coerced you to open the door and to search but they would deny that. Only your lawyer who reviews all transcripts and evidence can best evaluate your next move. I just read your neighbor is a cop? Well, they are very careful and know what the court would accept of them. He would know what to say and he might have been on the job while observing your home.
 
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