California Police forced way into home, search everything, I asked for a warrant, with no reply, after 2 hours they went outside and walked around them all of a sudden said they found drugs ( no true) and now I facing charges for things I've never done. They did produce a warrant after 2 hour when they said they found stuff. please let my friend know at her e-mail thanks.
2007-07-11 09:01:02 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
You are nobody special and the Police will not go through such great lengths for only one person as unimportant as you. Hence, either these police are honest and acted accordingly or they are dishonest and exhibit such behavior on a regular basis. If the latter is true you would not be the first. Several others would have reported complaints against dishonest police and reprimands would be filed in their personnel records.
A Pitchess Discovery Motion will reveal any history and when that history becomes clear, the truth will be revealed. (See Penal Code sections 832.7, 832.8; California Evidence Code sections 1043, 1045; Pitchess v. Superior Court (1974) 11 C3d 531.) I would not wait until the last moment, which may cause you to waive your right to a speedy trial by an additional 3 weeks and 10 days. The Presiding Judge will review the police personnel records out of your presence. Here in California we are really big on personal privacy. (See California Constitution, article I, section 1; Code of Civil Procedure section 1985.3; Civil Code section 1798, et seq.; Government Code section 6254(c).) The Judge will determine whether there is a pattern of repeated misconduct similar enough to suggest the police did what you allege. If the Judge agrees you can use it to impeach them and call upon prior complainants as character witnesses.
A Penal Code section 1538.5 Motion to Suppress may exclude any evidence that is the result of an illegal search and seizure. However, I am unclear if the evidence against you is drugs. You claim there is no truth in the police saying they found drugs but obviously you cannot exclude evidence that does not even exist in the first place. If drugs do in fact exist and are being used against you then such a motion may not be found moot for that reason. Whether such a motion with your particular circumstances has merit, I cannot advise you. Was the warrant to search for stolen property in your garage when the police allege to have found your bathroom cabinet to contain drugs? If successful you may file a demurrer before ever even pleading not guilty. (See Penal Code section 1004.) If your motion is denied or demur overruled, you may have other options leading up to and at the trial.
An Evidence Code section 402 motion in limine for preclusion of police testimony may have an advantage over a motion to strike or other objections. But if not, then feel free to try your luck before a jury. You may also decide to plea bargain for a deal in sentencing in exchange for your guilty plea, or successfully complete a pretrial diversion program in lieu of sentencing. (See Penal Code section 1000, et seq.) But if you have plead guilty to several drug related charges in the past then the District Attorney may decline to offer you neither. As is always in this Golden State you have the inalienable right to a trial by jury.
Local authorities may or may not attempt to deprive you of certain other fundamental rights but they will not dare deprive you of the right to jury trial as guaranteed by the California Constitution, article I, section 16 and Penal Code section 689. For to do so could only result in the people of the State of California demanding the Honorable Governor Arnold Schwarzenegger redress their grievances or be forced to activate the National Guard in civil war. Consider this, you could have brought this issue to the District Attorney, Police Department, Superior Court, Department of Justice, Attorney General, or any other department who employs government agents, but you didn't. You chose to come to a forum of your peers because you know just how valuable a right it is to come before people, ordinary people whether they're from this fine state, this great nation, or the world. Never give in, live free or die!
"And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?"
Thomas Jefferson
Letter to William S. Smith
November 13, 1787
*/End of Line.
2007-07-11 18:15:13 · answer #1 · answered by Superman 6 · 2⤊ 1⤋
1
2016-06-11 11:42:22 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Ok - The police produced a warrant after 2 hours there. Sounds like they had a warrant with them. So now it's not with out a warrant. Your lawyer could look at the date and time it was signed by a judge, however I suspect that it will be valid.
Cops have enough to do without running around planting drugs on people (or their property in your case). Nobody ever admits to having the drugs. The funnest one I saw was a guy getting busted on cops. They pulled a big bag of crack out of his pants pocket. He asks "hey, where did that come from?" Cop says "your pants pocket". Guy says "these ain't my pants" Yeah, right, didn't know it was there. Only caught you on tape selling drugs...
If you want to fight, you need a lawyer.
2007-07-11 09:21:30 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
There is no requirement in California law that the police show anybody a search warrant before, during, or after a search. There are federal rules to that effect, but they are not applicable to a California police officer executing a California search warrant. (People v. Calabrese (2002) 101 Cal.App.4th 79.)
The failure to show you a warrant has no effect upon the validity of the search.
2007-07-11 10:40:33 · answer #4 · answered by Anonymous · 4⤊ 0⤋
Get a lawyer. It seems you are being set up. Someone may have planted drugs on the outside and called the police, or the police may have planted them there after they were unable to find anything in your home.
However, charges should be dismissed even if you were guilty, because of their failure to get a warrant until two hours after they had searched and found something.
2007-07-11 09:10:38 · answer #5 · answered by metamorphosisa 3 · 0⤊ 4⤋
Learn to sing the blues, you're going to the Pokey
2007-07-11 10:40:07 · answer #6 · answered by LEO53 6 · 1⤊ 0⤋
You need a lawyer. It is illegal to search a private residence without a warrant.
2007-07-11 09:05:45 · answer #7 · answered by ? 3 · 1⤊ 3⤋
Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com
2015-02-04 21:23:12 · answer #8 · answered by Joseph 1 · 0⤊ 0⤋