A person calls 911 threat and when police arrived the caller states that she wasn't threatened. The police then find drugs in the callers apartment. They ask the caller about the drugs and the caller says the drugs belong to the person she falsely accused during the 911 call. The police then pull over the person she falsely accused and search there car, supposedly find drugs in the driver's car and charge them for the drugs they find in the car and the drugs they found in the callers apartment. The driver also pulled over into a parking lot which is private property.
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Drug Crimes, Substance Abuse Resionable cause for search and seziere of a vehicle
- Thread Starter azlooker
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army judge
Super Moderator
If you have a defense, it'll be before a judge and jury in an Arizona court room.
You should plead not guilty, admit nothing, make no statements, and request the court appoint a public defender to represent, if your finances qualify you for one.
Otherwise, you hire your own, or act pro se as your own attorney and defend against the allegations, lies, and smears to get yourself acquitted.
In the meantime, stay off of police radar and don't get yourself in any further beefs with anyone.
if you take a look at what is going on with the National Football League right now, yuo wil see how domestic violence is handled and teken very seriously. It is one issue that has been raised and become more noticeable in the public eye. the police have to be somewhat skeptical with regard to domestic violence claims because later the victim may recant her statement out of fear for the offender. And if a 911 call made can be sufficient probable cause to investigate. Every case has its own unique set of circumstances and I am guessing that those that apply to your situation are far more detailed than the short paragraph that you provided. While you claim that nothing happened, you later state that there actually was a call placed but the person who called later claims that she falsely alleged that the offender committed the crime. That's a serious statement. I don't think that a prosecutor would simply turn a blind eye to that admission. I can't say what will ultimately happen, but I don't think that this will simply be dismissed because someone says that the person calling 911 has wohdrawn their statement and everything should go back to the status quo. As army judge says, I think you need an attorney. Good luck with your case.
CdwJava
Moderator
We simply don't have enough details to offer an opinion as to whether the detention or the search were justified.
If this is a domestic violence situation, it is not uncommon for victims to recant within 48 hours, and many will do so within minutes - and there are many reasons why they might change their mind about reporting the crime (or lying about it). This situation also begs the question as to why the police searched the apartment and how they found drugs - and what KIND of drugs.
Now, even if they stop the person she was calling about, the police would still need probable cause and an exigency to search the car - or, consent (unless he is on probation or parole with search stipulations). Stopping him to ask him about the alleged threats or conflict the caller reported would not - by itself - justify a search of the vehicle. So, clearly, there is more to that part of the tale.
There are too many variables here. Perhaps a few more details. Or, if that's not comfortable for you, consult legal counsel ASAP.
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