So I went to Jail the other night...

Over two weeks ago. A normal friday night at work till I get a phone call saying my house has just been broken into and robbed. The cops are on their way.
I rush home. I have to beat those pigs to the scene. Well...that didn't happen.
The neighbors say there was two hooded black guys involved and one even "ran like a Kenyan" when they were discovered.

1. The entry point.
Supposedly they used the back sliding door to my apartment to get in, however the police could not get in through the same entry point. The door was locked. Strangely the dog was running around outside. That leaves but one entrance: The front door ( which was also locked ).

2. Violation of my rights
One of the cops takes the keys from my hands and they proceed to clear the house. He beckons me in and explains to me I have the right to remain silent ( and they don't like it one bit when one exercises that right).
I am arrested for simple possession of marijuana and paraphernalia.
They found 2 bongs 2 hookahs and 2 glass pipes and told me that the dogs were comin if I didn't cooperate. I acquiesced and gave up the location to a small amount of weed. However there was up to a half-pound in that house and those fools did not find that, thank the Lord!

3. Illegal Search & Seizure
They konfiscated my pipes and put in the back of the car and off we went!

4. Afterwards
So it's obvious to me that this is a conspiracy at the most personal of levels. I was set up. I bit the bullet for my roommate.
I do not know how to go about this legally, that is the reason for this post. Perhaps someone could give me some helpful council.

Sounds like a grey area to me, not coming from a legal background but I have a bit of common sense I think its sounds like an illegal search based on hearsay.
If you were to go against the law I'd have to say that the police could see from the outset that there was no forced entry at any and all access points, doors were locked , windows locked and all intact and therefore did not need to enter the premises.
They shouldn't have taken your keys off you without asking for you to GIVE them to the police but if they snatched them off you , you could cite for theft of property?, also if there is no forced entry you were available to accompany them to note if anything was amiss or even to calm the dog down or put it in another room if its excitable?
That 'HEARSAY' allowled the police a warrantless search of your premises under the guise of 'searching for burglars' which helpfully not only didn't break in or gain unlawfull entry by forced entry, but also if they did get in locked the doors behind them?
As for the drug paraphenalia, if its for personal use what difference does it make? besides you could say the implements where there for asthetic value? some can be quite pleasing to the eye.
Dope though is a definate no no, hide it better next time, in places not searched first, like behind the cistern ( if its a fasir amount), in a box inside another box if its a small amount etc.
Hope I could help a bit, but not a lot though, people are probably going to say that I'm totally wrong, but if you complain about the police its going to get messy, there'll be people all with varying legal experience from none ( me ) to the slightly better knowledged ( not me).

Two words for ya...
Probable Cause.
Been around for a long time.
Good luck!

First, read this and this.

Second, you need to research your local laws on search and seizure BEFORE your court date. I'm aware that certain states where evidence of a completely different crime is inadmissable if found illegally.

Third, build your own case and talk to your court appointed lawyer or the lawyer you hire. DO NOT attempt to represent yourself, if you feel your court appointed lawyer is doing a crappy job you should be able to get another one.

If this is just a slap on the wrist and a fine it's probably in your best interest to just accept it. If it's jail-time and probation in addition to fines, fight it.

As someone that works for a law firm....

You're "f"ed no matter what you do. You basically invited them into your house by making the call. Anything in "Plain Sight" is fair game.

Even if someone else made the call, it still counts as reasonable cause.

[edit on 11-2-2010 by DaMod]

From now on hide your stuff. Most of the time a pig won't bother with a petty marijuana charge if hes there on other business. But then you have pigs who will. So stealth is always the name of the game.

Maybe you could claim the intruder left the paraphernalia. You have not copped to anything have you?

My advice is always comply when caught but REMAIN SILENT.

Good luck to you.

reply to post by thisisjacob23


That's a complete setup. No burglars and the cops are waiting for you? Thats like them aliens or something, the surreal stuff. There's just no way. And the cops steal your keys?? AND you buy it all hook line and sinker??

Once you got the phone call saying your house had been broken into, you should have stayed at work, because if it's aliens and stuff, then the cops can make up anything.. they'll use a different set of laws.

I just don't see any other way all that stuff is possible, unless you're not telling the whole story.

Originally posted by thisisjacob23
Over two weeks ago. A normal friday night at work till I get a phone call saying my house has just been broken into and robbed. The cops are on their way.
I rush home. I have to beat those pigs to the scene. Well...that didn't happen.
The neighbors say there was two hooded black guys involved and one even "ran like a Kenyan" when they were discovered.

1. The entry point.
Supposedly they used the back sliding door to my apartment to get in, however the police could not get in through the same entry point. The door was locked. Strangely the dog was running around outside. That leaves but one entrance: The front door ( which was also locked ).

2. Violation of my rights
One of the cops takes the keys from my hands and they proceed to clear the house. He beckons me in and explains to me I have the right to remain silent ( and they don't like it one bit when one exercises that right).
I am arrested for simple possession of marijuana and paraphernalia.
They found 2 bongs 2 hookahs and 2 glass pipes and told me that the dogs were comin if I didn't cooperate. I acquiesced and gave up the location to a small amount of weed. However there was up to a half-pound in that house and those fools did not find that, thank the Lord!

3. Illegal Search & Seizure
They konfiscated my pipes and put in the back of the car and off we went!

4. Afterwards
So it's obvious to me that this is a conspiracy at the most personal of levels. I was set up. I bit the bullet for my roommate.
I do not know how to go about this legally, that is the reason for this post. Perhaps someone could give me some helpful council.

So who was it that called the cops?I think maybe next time you should have things put up.I mean you do have illegal items then you want to complain for going to jail?Don't break the law and you won't got to jail.lol

Sorry to hear about your bad luck, but...

Forget about all the conspiracy nonsense for a minute...they responded to an emergency call, you gave them your freaking keys, and they went in and saw all your stuff in plain sight...then you told them where they could find some more stuff that was hidden...WTF !!!

If you were my brother (assuming you're a dude), I'd probably kick your dumb@$$ on principle !!!

Best advice...hire a local criminal lawyer asap and plea bargain your charges down...hopefully it's your first offense...

[edit on 11-2-2010 by polychronopolis]