Drug Crimes, Substance Abuse Holly Springs NC Police Department

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Genevieve

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I was asleep on March 14th (or 15th), 2007 around 6:30 AM when the Holly Springs Police Department broke down my door for a high risk search warrant for controlled substance. They found only a dime bag of marijuana. I kept asking for my cell phone to be taken with me but they wouldn't allow it.
They took me in for Piracy because my boyfriend had a collection of bootleg movies purchased from the Flea Market here in Raleigh, the streets in NY and I dont know where else. His parents used to own a mom-n-pop movie rental that got him into collecting movies. When he moved into my home - we then put our Original movies together me only having 70 and he having over 300.
They seized everything and I went to jail for 2 days.
When I got out on bail, I realized some of our things were stolen and couldn't point any fingers. Although, a true thief would steal my jewelry, VCR's TV's, but the things that were stolen were (that weren't on the inventory list):
- Audi Switchblade key $250
- X box
- All of our original movies, in their DVD casing
- My Chocolate verizon phone
- Baseball cards
- PlayStation 2
I can't recall all of them but there might be one or two things extra - these are just off the top of my head.
I was going to call the police department to file a stolen police report although there was a failure to appear on my record for a driver's license violation (my bailbondsman informed me of this but I didn't put much thought into it seeing I was elated about being out of jail). The odd thing was, the failure to appear was for April 9th, 2007 - almost a month away, and if I were to file a police report, they would have ran my i.d. and in NC - you go to jail for failure to appear and that was the last thing I wanted to do was go back to jail when I just got out.
Seeing the failure to appear coincenditally showed up at the time for me to file a police report, I am beginning to think the police stole my things.
In the inventory list - my Verizon wasn't on there but my old prepaid phone was. I couldn't file a police report and had to deem the phone lost in order for me to get another one to the insurance company.
They also took the car (my boyfriend and I share a vehicle), I don't know why they are trying to keep it when there weren't drugs in it and what they took for evidence from the car was my boyfriends ORIGINAL music. We had over 800 - 1100 original music and pictures of over 350 original movies (if we liked the bootleg, then we would buy the Original DVD's). Instead of having all these CD's, we were going to put all the songs on our iPods and then the rest on mix cd's.
My court appointed attorney is not much help and he told me to call the Internal Affairs office in Raleigh although when I called, they said Holly Springs is too small and they only investigate Raleigh. They told me to call the State Bureau of Investigation and couldn't help me either, they told me to call the District Attorney's office in Wake County and they said they wouldn't help me unless my attorney speaks to them first - Mr. Hill is unresponsive.
My door and window is still broken and would like to be able to file a stolen police report for the missing items in the house because I fear it is too late to file with my home owner's insurance. No one is willing to help me and I really need help.
Please Advise
 
What is your legal question for us?
 
Car

1. Did they have the right to take the car is I was asleep and all they needed was the evidence from the car, please?
2. If the Internal Affairs said the town of Holly Springs is too small to have Internal Affairs, and the county DA couldn't help me and the State Bureau refused to talk and help me? Where else can I go? Doesn't there have to be a governing agent even for the smallest of town Police deparments?
3. I would like to retrieve the things that weren't on the inventory list by at least filing a claim to my home owner's insurance but seeing there was a clerical error of a failure to appear for something a month ahead at the time, then how can I still file a claim with the home owner's insurance or is it too late?
4. Do I have any rights at all in this situation?
 
1. Did they have the right to take the car is I was asleep and all they needed was the evidence from the car, please?

A: There may be a law allowing them to confiscate cars carrying dope.


2. If the Internal Affairs said the town of Holly Springs is too small to have Internal Affairs, and the county DA couldn't help me and the State Bureau refused to talk and help me?
Where else can I go? Doesn't there have to be a governing agent even for the smallest of town Police deparments?

A: Hire a lawyer and sue them. Also, contact your local legislator.


3. I would like to retrieve the things that weren't on the inventory list by at least filing a claim to my home owner's insurance but seeing there was a clerical error of a failure to appear for something a month ahead at the time, then how can I still file a claim with the home owner's insurance or is it too late?

A: Ask your insurance agent.


4. Do I have any rights at all in this situation?

A: See answers above.
 
A: There may be a law allowing them to confiscate cars carrying dope.
There were no drugs in the car so I should be able to get my back right?

A: Hire a lawyer and sue them. Also, contact your local legislator.
I do not have the funds to do so and am working with a court appointed attorney, do you really think I have a case please?
 
A: There may be a law allowing them to confiscate cars carrying dope.
There were no drugs in the car so I should be able to get my back right?

A: Hire a lawyer and sue them. Also, contact your local legislator.
I do not have the funds to do so and am working with a court appointed attorney, do you really think I have a case please?

Your original post said you had dope in the car.


... I was asleep on March 14th (or 15th), 2007 around 6:30 AM when the Holly Springs Police Department broke down my door for a high risk search warrant for controlled substance. They found only a dime bag of marijuana....


Also, your lawyer should make a motion to have all your stuff given back to you.

I don't know if you will win or not.
 
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