pinky12345
New Member
Me and my girlfriend rented a room in a 5 bedroom house which (2 other rooms were rented between (4) other people[one guy and one girl (boyfriend and girlfriend) in each of the 2 other rooms that were being rented], leaving the 24yr old son in his room and the landlords lets say Joe and lisa in their room. We heard about the room online and moved in the next day We paid cash no receipts or any paperwork im 18 and needed to get out of my parents house. We were there two weeks.
At 6am me and my girlfriend were woken up by screaming banging I opened the door and was contacted by SDPD he said they were serving a search warrant and that I was being detained, as I was being handcuffed my cellphone fell out of myhand(it had no charge it was dead) the cop put it in his pocket and took me outside where everyone else was lined up my girlfriend came shortly in handcuffs as well. After 3hours of sitting and watching 20+ cops and agents searching the house and property an officer pulls me.aside and asks if I knew my girlfriend was selling weed, he said he found marijuana in my room (3grams about .8 in one bag .2 in one back .7 in one bag ect.. small various personal use amounts nothing exceeding $5 in value) and $43 cash, I told him she doesn't sell marijuana and that's my cash. He said based on her text messages allegedly soliciting marijuana and discussing prices and meeting places that we were both going to jail for possession of marijuana for sale. I went to county jail for 6 days and was relised on OR and my gf was bailed out on a $25,000 bail seeing as she's 19 and never been in trouble she was terrified and her parents bailed her out.
The search warrant says,
"location, property and or persons to be searched, including all rooms, cellars, crawl spaces, safes, mail receptacles, storage areas, containers, surrounding grounds, trash areas, garages, and out buildings. A person by the name of John doe, d.o.b, DL#, is belived to be residing at the above location. Through an ongoing investigation of mr. Doe I officer dipshit belive John doe resides at this above address.
Iteams to be seized
1.controlled substances, including herion and derivatives of heroin
2.paraphernalia for the use,sale and transfer of heroin including baggies, tinfoil, bottles, razor blades, mirriors, and scales
3.Evidence of the transfer and sales of controlled sunstanes including scales and other weighing devices, articles of personal property tending to establish a document sales of the above described substance.
4 To seize, view and forensically examine all computer hardware and software, cellular telephones and all parts therein, telephonic facsimile machines, and business records, such as, fax receipts, buyer lists, sellers lists recordation of sales address and telephone lists and other documentation reflecting the receipt of sales of controlled substance
5. firearms and ammo
6. Iteams evidencing the o taining, secreting, transfer and or concealment and or expenditure of money and or related to the transportation ordering purchase and distribution of heroin.
7.papers, documents and effects tending to show dominion and control over said premises.
While I was in jail the police turned on my phone and downloaded all my.messages allegedly soliciting the sales of marijuana, and during my preliminary hearing the texts mine and my girlfriends were presented.
What im asking is since me and my girlfriend were renting this bedroom it was our private residence with a fridge, tv, fan, and bed, and lights. And the search warrant was for the guy down the hall who was selling herion can the police inter my room and search my stuff and charge me and my girlfriend with possession of marijuana with sales, based off our text messages? I would like to assume we have some Expectation of privacy.
We have a pre trial date in two months ando our attorneys both contacted us both to tell us the head of the d.a. Has came forward to say he wants to settle a deal and our attorneys want to sit down and hear what we would like them to offer as a counter. (Public defenders by the way)
I feel like I should tell him to file a motion to suppress the evidences found during the search due to illegal search and seizure seeing as it was our Own personal space separate from anyone else or any other foot traffic beside me and my girlfriend. And we had no knolwge of the guy down the hall selling herion.
Or should we take a deal if it reduces my charge from a felony to a mistominer, I had a medical marijuana license valid for California but it expired two months before all this.
At 6am me and my girlfriend were woken up by screaming banging I opened the door and was contacted by SDPD he said they were serving a search warrant and that I was being detained, as I was being handcuffed my cellphone fell out of myhand(it had no charge it was dead) the cop put it in his pocket and took me outside where everyone else was lined up my girlfriend came shortly in handcuffs as well. After 3hours of sitting and watching 20+ cops and agents searching the house and property an officer pulls me.aside and asks if I knew my girlfriend was selling weed, he said he found marijuana in my room (3grams about .8 in one bag .2 in one back .7 in one bag ect.. small various personal use amounts nothing exceeding $5 in value) and $43 cash, I told him she doesn't sell marijuana and that's my cash. He said based on her text messages allegedly soliciting marijuana and discussing prices and meeting places that we were both going to jail for possession of marijuana for sale. I went to county jail for 6 days and was relised on OR and my gf was bailed out on a $25,000 bail seeing as she's 19 and never been in trouble she was terrified and her parents bailed her out.
The search warrant says,
"location, property and or persons to be searched, including all rooms, cellars, crawl spaces, safes, mail receptacles, storage areas, containers, surrounding grounds, trash areas, garages, and out buildings. A person by the name of John doe, d.o.b, DL#, is belived to be residing at the above location. Through an ongoing investigation of mr. Doe I officer dipshit belive John doe resides at this above address.
Iteams to be seized
1.controlled substances, including herion and derivatives of heroin
2.paraphernalia for the use,sale and transfer of heroin including baggies, tinfoil, bottles, razor blades, mirriors, and scales
3.Evidence of the transfer and sales of controlled sunstanes including scales and other weighing devices, articles of personal property tending to establish a document sales of the above described substance.
4 To seize, view and forensically examine all computer hardware and software, cellular telephones and all parts therein, telephonic facsimile machines, and business records, such as, fax receipts, buyer lists, sellers lists recordation of sales address and telephone lists and other documentation reflecting the receipt of sales of controlled substance
5. firearms and ammo
6. Iteams evidencing the o taining, secreting, transfer and or concealment and or expenditure of money and or related to the transportation ordering purchase and distribution of heroin.
7.papers, documents and effects tending to show dominion and control over said premises.
While I was in jail the police turned on my phone and downloaded all my.messages allegedly soliciting the sales of marijuana, and during my preliminary hearing the texts mine and my girlfriends were presented.
What im asking is since me and my girlfriend were renting this bedroom it was our private residence with a fridge, tv, fan, and bed, and lights. And the search warrant was for the guy down the hall who was selling herion can the police inter my room and search my stuff and charge me and my girlfriend with possession of marijuana with sales, based off our text messages? I would like to assume we have some Expectation of privacy.
We have a pre trial date in two months ando our attorneys both contacted us both to tell us the head of the d.a. Has came forward to say he wants to settle a deal and our attorneys want to sit down and hear what we would like them to offer as a counter. (Public defenders by the way)
I feel like I should tell him to file a motion to suppress the evidences found during the search due to illegal search and seizure seeing as it was our Own personal space separate from anyone else or any other foot traffic beside me and my girlfriend. And we had no knolwge of the guy down the hall selling herion.
Or should we take a deal if it reduces my charge from a felony to a mistominer, I had a medical marijuana license valid for California but it expired two months before all this.
