5
58HalfCab
Guest
- Jurisdiction
- Illinois
I have started with a few paragraphs with all the background of the case. The questions I have are pretty simple and can likely be answered without the background information. Feel free to skip ahead to the next BOLD paragraph to see the specific questions. THANKS FOR THE HELP!
I have been charged with possession of cannabis in the State of Illinois; Class B, between 2.5 and 10 grams. The police got an "anonymous tip" that there was a cannabis grow within my home and received a search warrant to search the house. During the search 2 separate containers containing cannabis were found, one in a rarely used kitchen cabinet and one sitting on the kitchen table. No grow or any indication of a grow was found.
The incident occurred during a nasty separation between me and my fiance so it was no surprise to find that the tip came from my ex when the motion for discovery was returned. The separation occurred and my ex left the house that we owned together. She returned a week or two later and took about 60% of her belongings. After taking that load of stuff, she made the statement and the police searched a few days later. She still had many items in the house, access to the house, and motive to try to get me in trouble.
At the time of the search there was another individual living in the house as well, a male friend of mine was renting a bedroom and sharing the rest of the house. There are now 4 roommates living in the house. I would not consider my house a party house, but we certainly have our fair share of visitors. Friends stop by, we host couch surfers, and do occasionally have parties.
After the search my roommate and I both received possession charges. My roommate went to the bench trial with no representation with the intention of obtaining a public defender, he had all the financial information filled out for the judge. By the time my roommate went to trial I already had the motion for discovery response and know that my ex was responsible for the false tip. He explained to the judge that nothing was found in his bedroom and that this was a vengeful act of my ex-fiance and had nothing to do with him. The prosecutor had no additional evidence to link the contraband to my roommate and the case was dismissed.
The prosecutor offered me a plea deal of supervision which I denied. I had originally hired a local attorney due to my work schedule hindering my ability to be present for appearances. With a lack of resolution by my hired attorney and my work load easing, I chose to dismiss my attorney for self representation. I was called to the bench during a docket call to explain my motives behind dismissing my attorney and to verify that I was fit to represent myself. The prosecutor objected but it was overruled. I confirmed to the judge that I did wish to continue my demand for a jury trial.
I spent a few months learning as much as possible about the law and trying my own case. I have spoken with multiple attorneys, read a few great books, and been coached by a retired DEA drug analyst. I am now very much ready to try my own case. I believe that the states evidence is weak and I have attempted to speak with the prosecuting attorney on two occasions and it is obvious that he does not like me for the fact that I am representing myself, he completely refuses to talk with me.
I was ready for trial this week but it was cancelled due to the court and I was told to appear at the next docket call in 2 months. This brought a scheduling conflict as I have been summons for federal jury duty on the same day as the next docket call. I went to the courthouse and asked the clerk what to do about the conflict, postpone with the federal court or continue the case again. The clerk said that the prosecutor should make that call. He again angrily denied to help me in any way, stating, "you are the attorney figure it out." Yet the answer to my question lies completely within his control. He is obviously very bitter about my self representation. His secretary was appalled by his negative demeanor and suggested that I contact the judge, which I have done by letter.
There's all the background information. The continuation of my case has opened the door for additional pre-trial motions, which is where my questions for TheLaw.com community come into play.
Did the search violate my 4th amendment rights?
-The search warrant is addressed to all peace officers. The Illinois State Police brought an intern with them for the search. He waited outside with myself and a local uniformed offer while the house was swept and for about the first half of the time the officers were inside. He then entered my house through the garage on his own. I have no way of knowing if there happened to be a peace officer on the other side of the door to escort him or if he was allowed to be unsupervised for some period of time. I have found lots of information about the police not being allowed to bring the media into the home but nothing about an intern. I do know that home privacy is taken very seriously with respects to the 4th amendment.
Should I motion in limine to have the statement from my ex excluded from evidence?
I see this as a double edged sword. On one hand her statement being obviously faulty and with vengeful motives will give reasonable doubt that the contraband could have been hers and therefore I may want to be allowed to explain the background situation to the jury. The statement from my ex should be inadmissible unless she is there to testify and be confronted. Unless she is going to testify that the contraband was hers or that she planted it there to get me in trouble (which I doubt the prosecutor would want) then her testimony should be irrelevant. She was not living in the house at the time so should have no information to give about what was found. I believe calling her as a witness would be considered a character witness which is not admissible unless I first open the door by calling a character witness on my behalf.
Should I motion the court for dismissal based on lack of evidence?
-They found contraband in a community area of my home that is shared with other individuals on a regular basis. There is no evidence that I had knowledge of the contraband.
-They are seeking constructive possession:
-They need to prove that I had knowledge. When being questioned about drug use prior to the search warrant I stated that I did not use drugs and that no drugs were in the house. I did however state that it was possible that cannabis was consumed outside of the house at one of my many large parties held in the past. No statement was made after the search. I had no knowledge of its presence other than the inference that because it was in plain sight I should have known it was there.
-They must prove that I was in a position of control over the area. It is allowed in Illinois that my roommate and I were jointly in control of the space, hence us both being charged. On the other hand I certainly have no authority to touch something that does not belong to me that is in a community area of the home. Even if I knew it was there, I have no control over someone else's belongings.
*If I motion for dismissal, can I refer to the co-defendants case being dismissed with the exact same evidence?
Thank you very much for your time and input.
I have been charged with possession of cannabis in the State of Illinois; Class B, between 2.5 and 10 grams. The police got an "anonymous tip" that there was a cannabis grow within my home and received a search warrant to search the house. During the search 2 separate containers containing cannabis were found, one in a rarely used kitchen cabinet and one sitting on the kitchen table. No grow or any indication of a grow was found.
The incident occurred during a nasty separation between me and my fiance so it was no surprise to find that the tip came from my ex when the motion for discovery was returned. The separation occurred and my ex left the house that we owned together. She returned a week or two later and took about 60% of her belongings. After taking that load of stuff, she made the statement and the police searched a few days later. She still had many items in the house, access to the house, and motive to try to get me in trouble.
At the time of the search there was another individual living in the house as well, a male friend of mine was renting a bedroom and sharing the rest of the house. There are now 4 roommates living in the house. I would not consider my house a party house, but we certainly have our fair share of visitors. Friends stop by, we host couch surfers, and do occasionally have parties.
After the search my roommate and I both received possession charges. My roommate went to the bench trial with no representation with the intention of obtaining a public defender, he had all the financial information filled out for the judge. By the time my roommate went to trial I already had the motion for discovery response and know that my ex was responsible for the false tip. He explained to the judge that nothing was found in his bedroom and that this was a vengeful act of my ex-fiance and had nothing to do with him. The prosecutor had no additional evidence to link the contraband to my roommate and the case was dismissed.
The prosecutor offered me a plea deal of supervision which I denied. I had originally hired a local attorney due to my work schedule hindering my ability to be present for appearances. With a lack of resolution by my hired attorney and my work load easing, I chose to dismiss my attorney for self representation. I was called to the bench during a docket call to explain my motives behind dismissing my attorney and to verify that I was fit to represent myself. The prosecutor objected but it was overruled. I confirmed to the judge that I did wish to continue my demand for a jury trial.
I spent a few months learning as much as possible about the law and trying my own case. I have spoken with multiple attorneys, read a few great books, and been coached by a retired DEA drug analyst. I am now very much ready to try my own case. I believe that the states evidence is weak and I have attempted to speak with the prosecuting attorney on two occasions and it is obvious that he does not like me for the fact that I am representing myself, he completely refuses to talk with me.
I was ready for trial this week but it was cancelled due to the court and I was told to appear at the next docket call in 2 months. This brought a scheduling conflict as I have been summons for federal jury duty on the same day as the next docket call. I went to the courthouse and asked the clerk what to do about the conflict, postpone with the federal court or continue the case again. The clerk said that the prosecutor should make that call. He again angrily denied to help me in any way, stating, "you are the attorney figure it out." Yet the answer to my question lies completely within his control. He is obviously very bitter about my self representation. His secretary was appalled by his negative demeanor and suggested that I contact the judge, which I have done by letter.
There's all the background information. The continuation of my case has opened the door for additional pre-trial motions, which is where my questions for TheLaw.com community come into play.
Did the search violate my 4th amendment rights?
-The search warrant is addressed to all peace officers. The Illinois State Police brought an intern with them for the search. He waited outside with myself and a local uniformed offer while the house was swept and for about the first half of the time the officers were inside. He then entered my house through the garage on his own. I have no way of knowing if there happened to be a peace officer on the other side of the door to escort him or if he was allowed to be unsupervised for some period of time. I have found lots of information about the police not being allowed to bring the media into the home but nothing about an intern. I do know that home privacy is taken very seriously with respects to the 4th amendment.
Should I motion in limine to have the statement from my ex excluded from evidence?
I see this as a double edged sword. On one hand her statement being obviously faulty and with vengeful motives will give reasonable doubt that the contraband could have been hers and therefore I may want to be allowed to explain the background situation to the jury. The statement from my ex should be inadmissible unless she is there to testify and be confronted. Unless she is going to testify that the contraband was hers or that she planted it there to get me in trouble (which I doubt the prosecutor would want) then her testimony should be irrelevant. She was not living in the house at the time so should have no information to give about what was found. I believe calling her as a witness would be considered a character witness which is not admissible unless I first open the door by calling a character witness on my behalf.
Should I motion the court for dismissal based on lack of evidence?
-They found contraband in a community area of my home that is shared with other individuals on a regular basis. There is no evidence that I had knowledge of the contraband.
-They are seeking constructive possession:
-They need to prove that I had knowledge. When being questioned about drug use prior to the search warrant I stated that I did not use drugs and that no drugs were in the house. I did however state that it was possible that cannabis was consumed outside of the house at one of my many large parties held in the past. No statement was made after the search. I had no knowledge of its presence other than the inference that because it was in plain sight I should have known it was there.
-They must prove that I was in a position of control over the area. It is allowed in Illinois that my roommate and I were jointly in control of the space, hence us both being charged. On the other hand I certainly have no authority to touch something that does not belong to me that is in a community area of the home. Even if I knew it was there, I have no control over someone else's belongings.
*If I motion for dismissal, can I refer to the co-defendants case being dismissed with the exact same evidence?
Thank you very much for your time and input.
