Police Break in

Ok, So say I'm not on probation or ANYTHING. Just regular life status. Now, I'm in my backyard with "some" weed. I am asleep on a couch in the backyard, and my friend is awake watching a TV we had put out there.

He shakes me awake and says, "Hey, there's a cop at the door."
I looked back through the window behind us, to the foggy style glass door about...20yrds away. And asked, "Are you sure."
"I see the badge, and gun and Everything."
"Shit, what do I do?"
"I don't know."
"I'm going inside." So I went inside. When inside I flushed an unknown amount of Marijuana. But it wasn't a lot.
(My friend said they came in the backyards about now, and he said "Do you have a warrant? This is private property." They said, "Are you a lawyer? And handcuffed him)
I called my mom and stared talking to her when I heard a voice in the house. I had gone around locking all the doors I could think of before going to flush, but I missed one. So I go down stairs and these guys are in my house, pointing guns at me, and yelling.
"Put the phone down!" "Put your hands behind your head!" Turn around!"
Then they tried to put hand cuffs on me. But I didn't want that to happen so I put my arms down. They told me to put my hands back up, but the same thing happened. Then they yelled, "Calm down or we'll slam you!!" So I let them put them on.
They took me to the backyard where they found 1g of weed, and about 14g of legal "Wild lettuce". They questioned us extensively, then took us both to jail for the same weed, and the same pipe. Then later said they found 14g of weed, and said that was my charge. But I'm pretty sure that was either fully extracted MJ with no THC in it, or they were just talking about the "Wild lettuce".
But we never went to Trial, they tricked me into pleaing guilty by telling me I wasn't pleaing guilty when in all reality I was basically pleaing guilty in the eyes of the court. And I got probation.

But I ended up failing a drug test and ran away. I now live in a state where my misdemeanor doesn't effect me and MJ is actually medical.

This is a statement and a question...
I plan on using this case to go to the supreme court of my home state. These police had NO warrant while raiding an 18 year old kid(adult to the law) to this extent, for the ASSUMPTION that there may be marijuana on my property. They were no better than a common criminal, breaking into my home, and robbing me of my possessions. They broke the law, not me, and the illegalization of Marijuana in my home state should be considered unconstitutional.
Does anyone know anyone in similar situations to me??
Or does anyone know people I should get in contact with?
Or specific places of interest I should go?
I have many plans, and will be traveling to fulfill them, so any suggestions are ok. I'm just looking to broaden my travels, let me know if you know of anything. I lived in Texas my whole life and only lived in California for like 6 months, so I probably can learn about a couple people and places marijuana related that maybe I've never heard of before.

 

enough with the damn links...cut and paste is not allowed

 

It's all cut and pasted from myself though...
Is that still not ok...?

Like I'm not stealing anyone's words.
It's just me from another website I'm copying. So I can talk to some new people, about the same stuff

 

use notepad or something to get rid of those links before posting

 

What did your lawyer say about them coming in the house without a warrant?

 

Ok, thanks

He didn't say shit. I only really got to talk to him once, because he would never show up.
The only REAL conversation we had, was me telling him to leave my case, and get me a new court appointed...

And my new court appointed was an X-Cop and tricked me into pleaing without going to trial or anything.

She told me "you are REALLY pleaing anything" but I was.

 

That sucks. You got railroaded. Same thing happened to me. Charged with a DWI went to court and pleaded to Public intox. I only blew a .06 or less. I should never have got charged!
I've learned that defense lawyers will try to to give everyone a little of something. Prosecutor gets a win, judge gets court fee's. client gets off with a fine. It's a fuckin racket!
Educate yourself on the law and courts and then you can talk to a lawyer and they no that you aren't a push over and will do their job and fight for your rights.
Defense lawyers are prosecutors and judges in training. They all usually went to school together or same fraternity's. They go to each others Christmas parties and screw each others wives. They have their own little world. Its all diplomacy and politics at the expense of us lowly masses.
Live and learn.

 

I think there are certain things you're describing in which you didn't take the correct course of action and these could have some repercussions in your attempts to take the case to the your state's supreme court. First of all, I'm not sure that you have the right to appeal your case if you've already entered a plea, but I'm not sure what your state's laws are specifically.

The first thing I think you did wrong was not allowing the police officer to handcuff you immediately. This isn't a very big deal, but you should always put forth zero resistance when being arrested. Otherwise the smallest things could be reported by a police officer who obviously has no respect for you or your rights as "resisting arrest."

Your next mistake, unless I misunderstand what you're saying, was leaving your state in evasion of the consequences of failing a drug test. In the eyes of the law you agreed to take this charge, and you were thus accountable for going along with the terms of the probation. Evading the consequences could be taken as another charge altogether and it will make your case more difficult if not entirely impossible on the state level.

The other thing I'd like to point out is that if and when you do take this to court, it shouldn't be on the grounds that the state's marijuana laws are unconstitutional. The only thing that you really have the grounds to argue on is the unconstitutionality of the unwarranted search of your property. In an honest legal system, this should be enough to get your charges dropped immediately, however legal systems aren't honest, and in a dishonest legal system there's no way to know which of your rights are going to be respected.

I can tell you for certain that in most cases the police officer's word holds a lot more weight than yours, although the fact that you had a friend there with you and perhaps the fact that you were talking to your mother while it was happening strengthens your case a bit.

I was pulled over last year with a joint roach in my car. The police officer asked me to step out of the car at which time he handcuffed me immediately and proceeded to open my car door and sit down inside to look for the drugs that he was sure I had because of the fact that my eyes were red. I had been diagnosed with conjunctivitis from wearing contacts for too long, and I was wearing my contacts at the time. At no point did I give consent for the search, and at no point was I mirandized. The police report, however, told an entirely different story. According to that, the multiple marijuana cigarettes were in plain view on the driver's seat (yeah I usually keep my joints on the seat under my ass while I'm driving). So my point is that what the police report says is hard to dispute unless some kind of hard evidence or witness reports from people who weren't being put under arrest.

You do have a case, but you might have considerable trouble with taking it to the supreme court. I'm always in support of people defending their own rights, but there's a reason why it's so rare. To be successful in this you'd quite likely need to hire a good lawyer, and he would need to put in a good deal of work, which would be quite pricey for you. Then there would be problems from the mistakes that I've just gone over, and there's a decent chance that your case will fail and at that point you would likely be facing more probation if not jail time. I think you need to really take time to consider the possible downsides to taking this to court. You should consider contacting the local branch of NORML in your home state for information on good lawyers who are willing to take up this type of case. If you could win it it would be a good step toward setting precedents for this type of situation where people's rights are violated.

Good luck.

 

The plea was of no contest.

And I don't care if I actually change the law with MY case.
I know exactly what I'm going to do, and even if I don't win, MJ politics will be stirred up like crazy in my state

This isn't for years though...

 

LOL.

You blew it, it's way too late to do anything about the cops misconduct. You're responsible for your own legal help, and deciding what advice of theirs to follow. And then you're responsible for being a moron and pissing dirty when your freedom depended on it.

You got a taste of texas and it's politics and "justice" industry, boy.

Oh, I'm pretty sure CO will extradite to TX, EVERYONE will send you back to TX. You're going to be in a traffic stop and go to texas, and then to jail. And if not in CO, when you're going through another state. And texas has no statute of limitations, you're NEVER forgiven, until you die or do your time.

 

So, it was Texas that this happened in? I had a sort of similar situation happen to me, a couple of fatass sheriff's deputies came knocking at my door and held me, my boyfriend, and our friend hostage on our porch until we broke and let them in. They tore my house apart, broke some shit, ripped vents out of the floor, and killed my pet spider. All they found was an assload of paraphernalia and one tiny little bud, not even a small bowl's worth of weed. My boyfriend took the fall for it because we were smart enough to know that it would be a lot easier for three of us to come up with the money to get one out of trouble than coming up with the money to get all three of us out of trouble. We bailed him out of jail before he was even transported from the station to the jail, and he got a court-appointed lawyer and after a few court dates got the charge dropped to paraphernalia, so he pleaded no contest and we ended up having to pay $800 for court fees, lawyer fees, and the fine.

Our lawyer advised against filing a lawsuit because the deputies only did that because the county was seriously strapped for cash as it was. We still looked into it, and it costs $400 (give or take a little) to get the ball rolling in such a lawsuit. You have to pay to even get the paperwork to start the process. It's really pricey. We lost contact with the lawyer who was going to help us with it, so I really can't tell you much more than what I have.

 

being good makes my life so much easier :d

 

:window:

 

Well, if they're busting in places without warrants, then that means you could face the exact same thing one day, even if you don't do anything. All it took for them to decide to come after us was the neighbors telling them we were drug dealers, which was so ridiculously far from the truth. And they may not find anything on you, but I can tell you, when it happens, it rips away any sense of privacy you ever had. I had two cops playing with my fucking vibrator and laughing like two fucking 12 year olds. The problem isn't people breaking the law, the problem is cops executing raids without warrants. That doesn't just affect law-breakers, anyone's sense of privacy can be destroyed and ripped from them.

 

it's no problem...they might break a few things but there's nothing illegal to find here.

plus Id never let them in without a warrant

 

You don't have to let them in when there are 6 or more, and when they are using guns, and excessive force to enter your home...

There was no "Letting them in"
Just "Them coming in"

 

did they have a warrant?..your story is pretty vague

 

Wow! We've been having this exact same conversation with my 'step-daughter who's in an apartment at college. She was recently stopped, searched and arrested for open container and minor in possession of booze. The cop stopped her on foot because her car stereo was loud on private property (his and hers old apartment complex from last semester). They didn't like each other then. He was creepy and flirted with the students. She plead guilty on the first court date(w/out our knowledge cause the arresting cop told her the charges weren't nothing and a little fine) SHe barely blew any alchole. LIke .001 (if that). The judge threw the book at her. Probation, piss tests, fines, drug class fees, suspended license,.
She is a mixed race girl. Has no father in the picture, except me. Raised by old grandparents. Her grandma just died. Works two PT jobs, has A's and B's. No criminal record.
Since then we have searched the net about laws and printed it and had her learn her rights about cops and searches.
Last weekend her and her girlfriends were having a party in her apartment and the cops came knocking. They threatened her with beating the door down. Pleaded with her to open up. Knew her name and threatened her personally. She held her ground and did not open the door telling them if they don't have a warrant they are not coming in. Finally the cops told her to turn down the music and left.
I was so proud of her standing up for her rights. I know she was scared. Unfortunately cops are not peace keepers any more. They are not community public servants. They are revenue generators at the expense of our young people and their future being ruined. What kind of fuking POS does that to young college girls!!!
I'm convinced cops are targeting young people around colleges especially and getting into the house and arresting them. It's a racket!

 

pleading no contest is the same as pleading guilty...everyone who watches Judge Judy knows that

 

In texas smelling weed or basically thinking about weed while looking at you, your car, your house, etc, is probable cause.

The guy loves this political climate, he can reap what his type have sown, far's I'm concerned.