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Crim def bros: might take this drug case. Warrant/search issues
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Date: April 21st, 2014 6:23 PM Author: Puce glittery dilemma toaster Dood tells me that he was in a hotel room, when he gets a call from the front desk that his car has been hit and he should come outside to talk about it. Dood opens his hotel room front door and cops are right outside waiting for him . The cops walk into the room claiming they have a warrant to search. He asks them to show the warrant and they do not show him anything. They search his room and take his laptop, some paperwork, and some drugs (not sure how much but I think it was meth)
He tells me that the cops Made up the story about his car being hit and told it to the front desk dude to lure him out of the room. This happened about a month ago and cops are still holding onto the seized possessions. he hasn't heard anything from the court yet, so he still doesn't know what he's being charged with.
Crim def bros: What are your initial thoughts about this? I'm a noob crim bro. Of course I realize its possible that he's completely full of shit and lying to me about this. I just talked to him very briefly about all this so ill get more details later. |
Date: April 21st, 2014 6:28 PM Author: Purple galvanic sanctuary well ... google the fourth amendment bro (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25421871) |
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Date: April 21st, 2014 6:31 PM Author: Puce glittery dilemma toaster ty bro. I have indeed read that amendment. i just like hearing input from the board crim def bros based on their experience. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25421880) |
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Date: April 21st, 2014 7:10 PM Author: Jade Swashbuckling Station Trust Fund Even if the cops didn't have a warrant, theyll come up with some "exigent circumstances" argument or find a clever way to lie about it on the police report. No one will believe your client, who was likely high as fuck on meth or heroin in his motel room when this went down. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422084) |
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Date: April 21st, 2014 7:16 PM Author: Racy half-breed background story dude said it was a hotel, i'm sure it was nice as fuck (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422118) |
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Date: April 21st, 2014 7:16 PM Author: lime excitant double fault native Is this shoplifting crim pumo? (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422113) |
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Date: April 21st, 2014 7:20 PM Author: Puce glittery dilemma toaster Thats right brother (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422138) |
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Date: April 21st, 2014 7:17 PM Author: supple new version stage protip: your client is lying to you (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422119) |
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Date: April 21st, 2014 8:42 PM Author: Puce glittery dilemma toaster Yeah, I'm sure he isn't being 100% honest. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422529) |
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Date: April 21st, 2014 7:19 PM Author: Racy half-breed background story 99% chance the police will say they asked to come in and he said yes. 95% chance that's what happened, and he later changed his mind.
You obviously don't have any of the pertinent details of the story (why were the police knocking on his door at a hotel?), so keep that in mind when you determine how much time/money this will take. |
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Date: April 21st, 2014 7:24 PM Author: Puce glittery dilemma toaster Ty bro. He acted like he had no idea why the cops showed up at his door. I'm sure that is bs, but ill try a little harder to get that out of him when we talk more (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422159) |
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Date: April 21st, 2014 8:45 PM Author: Flatulent histrionic center mexican Friend probably sold some meth to a snitch, cops get warrant, search is good. Tell friend to pepper his angus. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422550) |
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Date: April 21st, 2014 8:50 PM Author: Puce glittery dilemma toaster Wouldn't surprise me brother. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422582) |
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Date: April 21st, 2014 8:49 PM Author: Cobalt black woman pit Protip: DON'T DO SHIT UNTIL YOU GET PAID
The above poaster had it right that he probably gave consent to search the room and that he probably sold meth to a C/I.
Get paid AS SOON AS YOU CAN cuz he's gonna get convicted once the Prosecutors get around to indicting him. |
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Date: April 21st, 2014 8:51 PM Author: Puce glittery dilemma toaster for sure brother. Not doing anything until he pays me (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422587) |
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Date: April 21st, 2014 8:58 PM Author: Cobalt black woman pit That's 90% of the battle, Brother.
Once you get paid, just beg and plead that your client NEEDS drug/accountability court or something.
If that don't work, then just file a MTS.
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Date: April 21st, 2014 9:28 PM Author: Cruel-hearted Spectacular Piazza Sweet Tailpipe Once a search warrant is executed, the searching cops have to leave a "search warrant return" (which is an itemized list of everything they seized) with the defendant, even if the search warrant itself is sealed (e.g., if it was based on a CI buy / informant and the cops want to protect the CI's / informant's identity). Does your client have a search warrant return? If they didn't leave one with him, then there's a problem. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25422803) |
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Date: April 21st, 2014 11:05 PM Author: Puce glittery dilemma toaster Ty. he said he got some kind of list when he went to pick up the keys to his car at the police station. That must be it, but I'll ask him to show it to me.
Did a quick search and seems that my state doesn't require cops to even bring the warrant to the place being searched, so it seems pretty likely that they did have a search warrant and just didn't show it to him.
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Date: April 21st, 2014 11:19 PM Author: Cruel-hearted Spectacular Piazza Sweet Tailpipe Even if they aren't required to bring the actual warrant, they are usually required to at least leave a return that lists what they seized (there has to be a record of it to give back to the issuing judge). I'd be shocked if your state didn't require that since the return requirement is rooted in procedural due process and pretty much universal. A return would at least indicate that there was a search warrant. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25423555) |
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Date: April 22nd, 2014 1:01 AM Author: Pea-brained comical institution how much is he paying you? (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25424016) |
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Date: April 22nd, 2014 1:30 AM Author: Puce glittery dilemma toaster I have to figure out what crime or crimes he is charged with first. I dont have enough info at this point to give him a rate, but I will let you know. (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25424108) |
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Date: April 22nd, 2014 1:32 AM Author: Pea-brained comical institution do you have a website (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25424111) |
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Date: April 22nd, 2014 1:35 AM Author: Puce glittery dilemma toaster No I don't. going to e-mail you in a min (http://www.autoadmit.com/thread.php?thread_id=2548620&forum_id=2#25424124) |