I referred to "L" as my husband below but, in reality, we're not married, I'm legally married to someone else and the computers are my personal property. I purchased them and I'm listed as the owner in the Systems.
"L" is a disabled vet, 100% PTSD rating from the V.A. He is on prescribed medications for anxiety, sleep and pain (oxycodone for arthritis) and had taken several of each one shortly before the detectives arrived because he had just returned from seeing his V. A. psychiatrist, was highly aggitated and wanted to calm down and take a nap. He had been asleep when the detectives arrived and told them that and about his medication. These medications make his thinking more unclear than it normally is plus make him drowsy.
It is my understanding that the police cannot take property as a result of inflicting undo duress or using coercion on a suspect. The detectives threatened to arrest "L" and to tear apart our house if they had to get a search warrant.
I plan to meet with the Sheriff on Monday. Do I have a leg to stand on in the areas of:
1)ownership of the personal property. They belong to me, I voiced my objections and I did not sign the release form.
2)"L"'s mental state and capacity to make good judgments due to his medication
3)the actions of the detectives (threats and coercion) used to get his consent
4)the lies that were told about what they planned to do with the computers. The detective assured us that he was personally taking them to Ft. Myers the following day and that they would be returned in one week. "L" did not agree and would not have agreed to the release of that equipment to be shipped to an unknown location for an undetermined amount of time.
"L" is a disabled vet, 100% PTSD rating from the V.A. He is on prescribed medications for anxiety, sleep and pain (oxycodone for arthritis) and had taken several of each one shortly before the detectives arrived because he had just returned from seeing his V. A. psychiatrist, was highly aggitated and wanted to calm down and take a nap. He had been asleep when the detectives arrived and told them that and about his medication. These medications make his thinking more unclear than it normally is plus make him drowsy.
It is my understanding that the police cannot take property as a result of inflicting undo duress or using coercion on a suspect. The detectives threatened to arrest "L" and to tear apart our house if they had to get a search warrant.
I plan to meet with the Sheriff on Monday. Do I have a leg to stand on in the areas of:
1)ownership of the personal property. They belong to me, I voiced my objections and I did not sign the release form.
2)"L"'s mental state and capacity to make good judgments due to his medication
3)the actions of the detectives (threats and coercion) used to get his consent
4)the lies that were told about what they planned to do with the computers. The detective assured us that he was personally taking them to Ft. Myers the following day and that they would be returned in one week. "L" did not agree and would not have agreed to the release of that equipment to be shipped to an unknown location for an undetermined amount of time.
