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Busted, need your advice, anything i can do?

nerve

New member
Ok, i'll start at the beginning I don't grow but i read about others grows because it interests me and i enjoy the information. My gf and I were going to get something to eat, we were pulled over for a seat belt violation (i had mine on, she didnt, she was the passenger). After talking to us and getting our information (probably to run it in the system, I have absolutely no police record) he asks me to step out of the car so he can explain what this is about. I say ok, and he tells me he's just giving us a seatbelt ticket for her. I say ok, and then he writes the ticket, while standing there with him, he asks if there are any weapons in the vehicle, I inform the officer I don't own any weapons. He says ok, goes and talks to my gf at the car (she was still sittin in the passenger side) and then comes back and asks if he can search for weapons. There was nothing in the car, so i said ok to make it go faster. After the search where the officer finds nothing he lets us go. We go eat, and go about our lives as usual. About a week and a half to two weeks later, 2 DEA agents and a uniformed officer show up at my door (the same officer that pulled us over and searched us). I walk outside and shut my door behind me to talk to them and find out whats going on. They were trying to give me 0 information until they got in the house. I kept asking what it was about and the only real answer i got was "we can air your dirty laundry in front of your neighbors or we can come inside and talk to you about it". I said "ok, hold on" i am not the home owner mind you, she was napping, we live with my mother and my younger brother. I walk in my door to wake my mother after telling them to hold on( I am not a minor by the way). After i walk in and get about halfway to my steps to go upstairs, they walk into my home and are waiting at the steps for me to get her (which like i said i told them to hold on). Anyway, they take her out on the porch, use some scare tactics on her im sure because she comes in the house hysterical, and informs me that she signed the waver to search (she doesnt know her rights very well, which i wish i had discussed with her at some point before this but too late now). After she had already signed I went ahead and gave them everything I had, 5 dollars worth of pot (about a joint, if i had to guess weight, without the bag, maybe between .8g and 1.1g), my bong, a pipe, my little brothers pipe, and my scales (only charged me with possession of the pot). The entire time though they are acting like i am a drug "dealer" they kept asking "this is it?" "no half ounce, no quarter pound?", mind you, I don't grow, I smoke personally, I do not sell, so affording a half ounce or quarter pound of personal smoke just doesn't happen for me. They basically acted like i was lieing to them the entire time, 1 was "fairly" nice, the other 2 were very rude (especially the one who searched my vehicle the week before). I honestly felt like I was being harrassed and they just ignored me when i said that. They tried to say they had been watching me for a while and that neighbors had called and complained about traffic at my home ect ect. Basically they informed me by saying those things that all they had was here say. There is no traffic here almost at all, i have company maybe once a week and my younger brother does maybe twice a week, how many younger people (20's) do you know who have no company ever? I don't sell pot, never have, never will. I work, and barely leave my house unless I have to, i play on the computer and play games. But I need to know if there is anything I can do at all. I have court in 2 days (they gave me 3 days total from the time they busted me till the time of my court date).
 
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dkmonk

Member
Well I'm pretty sure you can change your court date up to 3 times, so i would advise doing that, also getting a lawyer. The best thing to do is plead not guilty then they will give you another court date usually at a much later time, so hopefully you can get shit straightened out. The one good thing you have to go on is they came in your house (well mothers house) w/o consent. Take my word of advice I've been through the legal system once, and the best thing to do 90% of the time is to plead not guilty, because you have a right to and they can't give you a more severe charge if you do (words from my lawyer).
 
When they pulled you over that night, had you recently left a dealer's house?

Sounds to me like you're hanging out with a guy who's being watched. They assumed all of your visits were business-related, and concluded you were an easy target.

You'd have some leverage if you hadn't granted them consent to search, twice.
 

nerve

New member
No, the night they pulled me over, i left my house and we were headed straight to a fast food restaurant to eat.
 
E

easyrasta

First off dont do anything
and dont say anything.
At the hearing, an attorney will be there and the matter will be continued.
Of course you will plead not guilty at any court date until you agree to adeal
and you will.
Peace
Ez
 

Ickis

Active member
Veteran
Do you have your own room in the house? A room that is just yours and your GF's? If so they needed your consent to search your room. If it is your legal residence and you are not a minor. I guarantee they needed your consent and this was an illegal search. Go to the first hearing and tell the judge. You don't need a lawyer to plead not guilty at the prelim hearing. Go..say not guilty because they searched my home without my consent. See what that wrench does. They will drop the charges for the scant amount they got from you.

Then go to a lawyer and discuss a suit against the police.

If you have some cash and can get a lawyer then get one now. But I'm telling you it was an illegal search. They also talk about it on that poloce video "Don't get busted" or whatever it is. I have a similar living arrangement. I ask my lawyer about this when I saw the video and he said it was true. Even though I own the home my brother-in-law and his wife need to give consent to search there room. If they have a warrant for the house they would need to get a new warrant to search their room.
 

DiscoDuck

Member
you can check the laws in your state on the internet. google simple possession and paraphernalia in your state, you may just be in for a misdomenor (sic) ticket. If you think you'll need a lawyer, postpone the trial date if possible. Get a lawyer with trial experience with pot charges. good luck.
 
that's very weird, im with easybake. The real reason he pulled you over in the first place to find some shit excuse like a seatbelt was because his been watching you and you was probably seen with a known drug dealer that they are trying to bust(use you to get to them). I've seen this plenty of time, they use local cops to pull people over to get information they ussually work with the dea agents.
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
Ickis said:
Do you have your own room in the house? A room that is just yours and your GF's? If so they needed your consent to search your room. If it is your legal residence and you are not a minor. I guarantee they needed your consent and this was an illegal search. Go to the first hearing and tell the judge. You don't need a lawyer to plead not guilty at the prelim hearing. Go..say not guilty because they searched my home without my consent. See what that wrench does. They will drop the charges for the scant amount they got from you.

Then go to a lawyer and discuss a suit against the police.

If you have some cash and can get a lawyer then get one now. But I'm telling you it was an illegal search. They also talk about it on that poloce video "Don't get busted" or whatever it is. I have a similar living arrangement. I ask my lawyer about this when I saw the video and he said it was true. Even though I own the home my brother-in-law and his wife need to give consent to search there room. If they have a warrant for the house they would need to get a new warrant to search their room.


They didn't search his room and find anything. His mother gave consent and he voluntarily gave him his stuff. If he'd have told them not to search his room and they did, then the search would be illegal.
 

nerve

New member
sounds good. Thanks for all the advice and if there is any more keep it coming lol. JJ is right though, I was unaware that since that was mine and my gf's room that they needed my consent for it (figured since home owner gave consent that was that). Now i know though. I'm gonna try to get a lawyer tomorrow, and see what options I have. I am very interested in what Ickis said, anyone else that can confirm i may have enough for a suit against the police? I'm not out for money or anything i just really feel after all this that my rights have been violated and i feel like they were harassing me, especially since they searched my vehicle, found nothing, and then came to my house after finding nothing in my car the week prior.
 
Y

yamaha_1fan

God O mighty, this is getting so old. You answered the door, YOU had control. Why the hell would you wake someone up that is going to give consent? You should have told them you were not the homeowner, she was asleep and you could not give consent. They CANT force you to wake her up.

She signed a consent form, you voluntarily gave up the weed. I think you are SOL

Go to court, plead not guilty and get a lawyer. You will get a slap on the wrist, some probation, thats it.
 

Ickis

Active member
Veteran
If you didn't say the words..."You can search my room" it was an illegal search. They stupidily didn't ask you. You don't have to know your rights not to give them up. They have to know the law. You might not have said "Don't search my room" because you didn't know. But you didn't say, "You can search my room" so it is an illegal search.

They don't have a case if you don't let them.

There is a difference between standing by thinking they had a right to search your room and not stopping them and giving them pernission and saying "you can search my room".

I'm not going to drone on about this. I am totally, 100% right. Do what you want with this information. You already messed up. Now make it go away.
 
L

Lune TNS

A little off topic, but I think it might be a nice gesture to calmly explain this to your connect... obviously they are on to him and it might be a good time for him/her to lay low for a bit...
 

kmk420kali

Freedom Fighter
Veteran
Lune TNS said:
A little off topic, but I think it might be a nice gesture to calmly explain this to your connect... obviously they are on to him and it might be a good time for him/her to lay low for a bit...

Sound advice--
:wave:
 

nerve

New member
no they didnt arrest me, I don't think they had enough since i had no money and only like 1.2g at most (i could be wrong, i dont know, just guessing).

Everyone already knows man lol. My town isn't super small but it's not huge either.

oh yea. also forgot to mention, someone told me that this morning one rolled past my house real slow. then someone else told me that later in the day one on a motorcycle rode past slow. (same day)
 
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Y

yamaha_1fan

Ickis said:
If you didn't say the words..."You can search my room" it was an illegal search. They stupidily didn't ask you. You don't have to know your rights not to give them up. They have to know the law. You might not have said "Don't search my room" because you didn't know. But you didn't say, "You can search my room" so it is an illegal search.

They don't have a case if you don't let them.

There is a difference between standing by thinking they had a right to search your room and not stopping them and giving them pernission and saying "you can search my room".

I'm not going to drone on about this. I am totally, 100% right. Do what you want with this information. You already messed up. Now make it go away.

After she had already signed I went ahead and gave them everything I had, 5 dollars worth of pot (about a joint, if i had to guess weight, without the bag, maybe between .8g and 1.1g), my bong, a pipe, my little brothers pipe, and my scales

After his mom signed the consent, he handed it over so there goes that whole "its my room arguement"
 

Ickis

Active member
Veteran
Lune TNS said:
A little off topic, but I think it might be a nice gesture to calmly explain this to your connect... obviously they are on to him and it might be a good time for him/her to lay low for a bit...

WOW! In the heat of the moment we all forgot to do that. I agree totally.
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
Ickis said:
If you didn't say the words..."You can search my room" it was an illegal search. They stupidily didn't ask you. You don't have to know your rights not to give them up. They have to know the law. You might not have said "Don't search my room" because you didn't know. But you didn't say, "You can search my room" so it is an illegal search.

They don't have a case if you don't let them.

There is a difference between standing by thinking they had a right to search your room and not stopping them and giving them pernission and saying "you can search my room".

I'm not going to drone on about this. I am totally, 100% right. Do what you want with this information. You already messed up. Now make it go away.

You are totally 100 percent wrong.

The police didn't go into his and his girlfriends room. They asked for his mother and asked her if they could search the house. She said yes. This gives them rights to all common areas. They then asked him if he had anything and he voluntarily handed it to them. It had nothing to do with his room. Even if his mother refused them permission to search, and they asked him if he had anything and he gave it to them voluntarily it would be legal evidence. His room has nothing to do with it.

I do agree on talking to your dealer/dealers. Something got them on your tail. Did they ask any questions about anyone? Another thing it could be is someone else that knows you got busted and were offered a deal and made you out to be a dealer. Something's going on....
 

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