Arrest, Search, Seizure, Warrant Violation of IV Amendment - What can be done?

[tsdanir]

to make a long story short -

cops knocked on door, boyfriend answered, cops pushed way inside.
-univited-no search warrant-

cops wake me up with flash light and yanked covers off me

we were put in handcuffs before we knew what the cops wanted or why they were there.

Coersed me under duress to sign a consent to search. (that's when they took the handcuffs off)

boyfriend- jail - possession of CS

We obtained lawyer, filed a motion to supress based on witness statement (me) grounds- no warrant - under duress - coerced

we couldn't afford to keep paying the lawyer after $4,000 (he orininally charged 3500 then increased it to 8500)

Boyfriend took plea (30 days jail - 5 years probation)

I do not agree with this. The cops did wrong, they violated the Consitution. We just couldn't afford the lawyer anymore.

Is there anything that can be done?

Can I file a complaint against the cops?
Can my boyfriends convicted be taken off?
Can it be overturned?

I'm not saying my boyfriend is innocent, but the cops who are supposed to uphold the law, broke it themselves and something needs to be done about their behavior. I'm sure that my boyfriend and I could have won our case, had it gone to trial.

 

[CdwJava]

cops knocked on door, boyfriend answered, cops pushed way inside.
-univited-no search warrant-

In the report, why do the officers say they made entry? There ARE reasons why they can come inside without a warrant or consent.

Coersed me under duress to sign a consent to search. (that's when they took the handcuffs off)

Then your attorney can argue that no true consent was given and move for any evidence to be suppressed.

We obtained lawyer, filed a motion to supress based on witness statement (me) grounds- no warrant - under duress - coerced

we couldn't afford to keep paying the lawyer after $4,000 (he orininally charged 3500 then increased it to 8500)

His public defender can make the same argument.

Boyfriend took plea (30 days jail - 5 years probation)

Ooops! So much for making an argument for the coercion. This plea pretty much removed that as an option because he admitted to the possession.

Is there anything that can be done?

With enough money you can try to sue them. but, after a plea deal, it's very tough to come back and say, "I lied - I didn't do it."

You and he can consult an attorney and ask about a civil suit, but I doubt one will take this on contingency, and unless you have a lot of money for a suit up front, it just ain't gonna happen.


- Carl

 

[tsdanir]

Exactly, with enough money!

Thank you! (I can barely afford gas! Let alone an Attorney!)

Thanks.