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spotlessmind
Concerned Citizen
Joined: 16 Dec 2007
Posts: 1
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 Posted: Sun Dec 16, 2007 5:19 pm Post subject: illegal home search=Narc or Get arrested. HELP?!! |
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ok.... im facing possession of cocaine(less than a gram i think) possession of percocet, and possession of paraphernalia. 1 felony and 2 misdemeanors
now for the story. It was around 4 am and I was drunk , and arguing with my ex girlfreiends brother very loudly. I live in an apartment complex with POS neighbors below who call the police on everyone for noise. Anyways. I was arguing loudly, and then my ex g/f shows up at my place and we start arguing a bit, however we calm down and were talking on my bed, when I heard a knock knock by NC's finest. They had been called up on a noise complaint they even told my g/f this later on.
She was there all of about five minutes before the police showed up. I open the door because I couldnt see anyone, (I dont even think they knew which apartment it was coming from) and I saw what i thought was only one cop, I stepped outside, closed the door behind me, and when I did that another woman policeman walked behind my back into my apartment. I explained to him it was an argument but everything was fine now and nothing physical was going on. by this time the police woman was already inside my apartment talking to my ex g/f on the couch. I was relieved. The male officer i was talking to,( we will call him officer E.) told me to go to my room while he talked to her. I went to my room and immediately started to hide my scales. The officer walks into my room and saw my arm move and told me to get up because he was suspicious. He finds my scales..then he sees some percocet on the counter. then proceeds to search my room and find items. He took my scales he left a ton of paraphernalia and one percocet in my room. He told me that it would all disappear and gave me his cell phone number and that I had several days to give him a name or work with him. I didnt call him and within a week and a half he called me, asking if I had any information, and I told him I had nothing. He told me he would have somthing for me on my charges friday(luckily he arrested me the following wed) so I didnt have to stay in jail all weekend. This officer E. is an asshole.
Anyways IN ADDITION THEY GOT ME KICKED OUT OF MY APARTMENT COMPLEX..the police changed their initial "noise complaint" to a "domestic dispute" call.....even tho it said case closed we were just arguing loudly...the apartment complex wanted me out. I barley could finish finals on my last yr of college mind you.I only have one more semester then im gone. Greenville, NC is corrupt. When I refused to give him information he not only arrested me two weeks after he found the drugs, with no arrest or taking me downtown at the time he found them..they told the apartment complex I was in a domestic disturbance and got me kicked out by the asshole property managers in town. I had my arraignment and my lawyer is suggesting I take drug rehab to get the misdemeanors dismissed and do the classes and prohbation for a yr, to get the felony dismissed and expungement. This is going to cost an ass load..and honestly I don't believe the cops had the right to step in my place or arrest me two week after the fact. HELP ME...narcdet anyone who knows something..help!
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OnTheBorder
Antiprohibitionist
Joined: 21 Jul 2007
Posts: 42
Location: Inside the checkpoints, along the Rio Grande
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| Posted: Mon Dec 17, 2007 1:08 pm Post subject: |
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I'll defer to narcdet's opinion, but it seems to me that if the lady cop entered your apartment before establishing that it was your unit that had the complaint lodged against it, it would consititute an illegal search. She had no probable cause for entry.
The fact that officer E was pumping you for info, and waited until you didn't produce to charge you, is also suspect. |
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narcdet
Civil Libertarian
Joined: 21 Aug 2007
Posts: 100
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| Posted: Tue Dec 18, 2007 1:41 am Post subject: |
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It really all depends on how they word the report. If they word it to where they entered the apartment because they got called to a heated domestic dispute and they wanted to check on the safety of the other party they might get by with that. This would be called the "exigent circumstances" excuse.
Once the officer came in your room to check on you and saw you hiding something he is probably ok with looking where your arm was. However, once he arrested you for whatever he found there he is only legally allowed to search your immediate area...i.e. the area within your reach. Anything other than that he needed to secure the apartment and get a search warrant.
As for waiting 2 weeks to arrest you...no problem there. He can wait if he wants and simply draw up the arrest warrants and then arrest you at his leisure, which appears to be what he did.
As for getting kicked out of your apartment..that sucks but there is not much you can do about it. Your lease probably has some clause in it stating that if you have encounters of a certain type with the police they have the right to evict you. Many apartment complexes do that.
The bottom line here is that no matter what you do it's gonna cost you. You can hire an attorney to fight it and it may work, but you'll spend big bucks. Again, I am only telling you what I think based on what you have told me. There may be factors here that I am not aware of. |
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