smiley1782's picture
smiley1782
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-4 Legal issues, advice needed

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I ran into some legal issues, I was being investigated for sum bullshit when the police came to the house. They told me they were looking for firearms and didn't care bout nothing else i had goin on and didn't care bout nothin else. I wouldn't let them search until they agreed that no charges would be filed for anything unless they found firearms. They ended up finding some test and charged me with a felony, straight up lied to me but my lawyer said they can. I have since then got my script for the test and they pleaing it to a misdemeanor for attempt to control an illegal substance . They also took 20 bottles of helios, 4 bottles of yk-11, 4 bottles of mk-677, 8 bottles of mk-2866, 2 bottles of caber capsules, 4 vials of tren blend, 60 d bol pills, 120 pills of halo, 4 boxes of syringes. Anyway I was wondering if I should try to get all the stuff they took back or charge it to the game since I got lucky and they didn't charge me for the rest of the shit. It's a lot of money but I ain't tryn to have them hand it to me and arrest me. Anybody got any advice or been thru anything like this.

The Skipper's picture

You never let them in without a warrant.

pege's picture

take the plea , or the fine and plea out now !!!! fuck the gear ..
a little story here , i got busted on a delivery charge i gave a friend 20 xanax , he left a 20 on a coffee table i didnt want it . he said its for the money i spent on him the night before , anyway about 8 hrs later the state police task force take down my door .. i never touched the 20 , so it was in the same spot. .. anyway the proceeded to my basement and dug up a bag containing like 4000 or more pills .. i went to court , pled guilty served a few months on a simple delivery. .the moral of story is like a year later , while i was upstate doing big time , i get pulled out of the joint and taken for arraignment. , with like 23 counts of possion and 23 counts of possion w/intent ..
here all this time they were getting the pills tested. needless to say they fucked up. and i beat it on double jeopardy ..so dont feel your out of the water yet on this. .. so knowing what i know now id plead to a lesser charge and once sentenced your safe on the other items they all stem from 1 arrest. ....hate to see you think your getting away with this and get banged later. .. i didnt say this to get you scared but. keep you aware. ..plead it down to a fine. something but. get closure on this asap

Roid Noid's picture

I was running some cars to a shop, shop owner wanted some guns i got him some guns, sold him some meth. after 5th car I get pulled over leaving and catch a possession of handgun and dope for sale. grab the little 6 month charge and figure ill be out soon. few days before i get out they roll up with fingerprint box, next day pull me out of cell and put me in red jumpsuit, toss me on a bus isolated from everybody else! Im thinking this is the best shit ever, they got me fucked up and think im someone else! take me to high security cell, everybody asking why im there and im like mistaken identity. That night there was a brief clip of me on TV in chop shop handing FBI agent a hand gun. 750k bail, 32 felony charges, and I hadnt even been to prison before! I know that fucking feeling brother no damn fun! they got me on mine though, 7 year bid....

pege's picture

well i got mine also , not that 1 but. , i got a 10 to 20 i did about the 20 on it also. .. mean time soneone hurts my kid a new voyfriend of old lady. ..well he inappropriately touched my girls and i sbapped his neck..then inside thats when the foi was bog and crazy and i caught my bones there. ...so ended up doing most of everything and some ..so i know the feeling.

Greg's picture

Damn!

Hardly worth bringing up I spent 3 weeks in bouncing from orange, LA, and San Bernardino county jails for failure to appear, and failure to pay fines.

-- Sniff, yeah, I'm a badass.

Roid Noid's picture

you aint getting drugs back! lol....but true story, I got busted for selling dope and they took a vehicle from me worth about 50 grand at the time. said i purchased from dope money bla bla bla. Told my attorney fuck that i want my car back because we were fighting the case on illegal search and seizure. So my attorney strikes up a deal with the police, dont ask me how this all went down but I was allowed to "buy" my vehicle back for 3k and whether I won or lost case they would keep the 3k. OR I could pay them 4k and "buy" my vehicle back and then if I win the case they would pay me 3k back! yeah some bullshit but i wanted my car so I paid them the 4k and got my vehicle, honestly i think they where happy to sell it back to me because they had no place to store it and the case was gonna be tied up in court for some time. ....Well I beat that case and they had to cut me a check for 3k, best damn feeling in the world to roll up to police station in my ride they took and pick up a check they had to pay me back....truth be told it cost me 51k to beat that case, so they got me but a little bit of fuck you felt great! I drove that car around for another 4 years selling dope before finally selling it...

warpAqualung's picture

two golden rules:

· DONT TALK
· Your lawyer is now the most important person in your life, do exactly what he advices

TheFlash85's picture

If its not signed on an official form Infront of authorized authority their word means fuck all, you wanna be the big man/ tough guy learn the law and your rights smh, as if you let them in. I mean ive been fucked in a trial taking a deal, oh plead to this and you get a slap in wrist, took the deal on prosecutions word and judge fucked me for 3 months prison (firearm), needed to get in writing signed and witnesses by lawyer, you obviously got snitched and you panicked/ caved and let them in. Smh that you would keep that much shit anyway. Dont drop the soap. Good luck.

Ozninjaguy's picture

I read this post and all the comments. Firstly - you state that you were/are being investigated for 'sum bullshit' (no details supplied). That means that you have been questioned/interviewed by police concerning said 'sum bullshit' and are now on their radar. According to you, they arrived at your door and requested entry - to which request you acceded. In other words, you gave them authority to enter and search your property. Some of the members here who state that they would never let police enter their house without a Search Warrant should research police powers regarding 'reasonable suspicion' and 'probable cause' as reasons why police can execute a search without a warrant. So - if you had refused entry - they might have pulled either one on you given that you are being investigated for 'sum bullshit.'. I'm pretty sure you must be kidding when you ask if you should try to get your 'stuff' back from the police - obviously, you have prior experience in dealing with the authorities. I personally think that you should just take the one charge on the chin...but even then your story smells - if you now have a doctors script for the Test...how can a charge of 'attempt to control an illegal substance' prosper...since it is now scripted by a doctor - making it a legal substance...your story sounds like a crock to me.

cltleo's picture

Please give me an example of when LE can enter your residence with only RS and not PC. Can you supply case law to back up your knowledge? Example....police have a tip that a house might be used for selling drugs....should they do a knock and talk or just kick the door in because of RS as you would do. I think you would be in Internal Affairs alot violating the 4th amendment

Ozninjaguy's picture

Number 6 on the following list seems fairly popular.

http://www.policemag.com/channel/patrol/articles/2014/02/constitutional-...

KMC's picture
  1. Prevent imminent destruction of evidence. "The need to prevent the imminent destruction of evidence has long been recognized as a sufficient justification for a warrantless search."

I bet a lot of lawyers would have an evidence found,...... thrown out. Then sue the police department and cops involved.

Www.policemag.com is probably a cop website on how to violate citizens rights. Your rights are only worth as much as your willing to fight for them.

ETA: Just because the polo think they have a right to violate your rights ,.........does NOT mean they have.

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KMC's picture

ETA: Just because the polo think they have a right to violate your rights ,..

Should read: ETA: Just because the popo think they have a right to violate your rights ,..

Damn auto correct.

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cltleo's picture

Police can only perform a warrantless search and seizure with PC only....even PC to believe that evidence will be destroyed. If police just needed a mere hunch to enter your residence...then there would be many police entering people's homes.

Ozninjaguy's picture

PC is essentially reasonable grounds - "Courts usually find probable cause when there is a REASONABLE basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). https://www.law.cornell.edu/wex/probable_cause

In Australia a Police Officer merely needs to swear under oath to a Justice of the Peace that there is reasonable grounds for the issuing of a Search Warrant - as well as supplying specific details regarding the property to be searched, the suspected offender, and the contraband REASONABLY suspected of being there. I have personal experience in this process.

You asked me for case law - I have provided two articles - one quoting case law and one referenced. Perhaps you could support your argument with something similar.

TheFlash85's picture

Justice of the peace are nobodies, volunteers who can witness the signing of a statutory declaration, they have no authority what so ever, search warrant for searching premises need to be put to c.i.b- then they need authorisation from a judge. If police or c.i.b were at the premises investigating an offence and happened to see something illegal through the door or window they can enter and search also if they have an arrest warrant for your person they can enter if suspect is inside and search, same with vehicle stops if they suspect illegal articles in car they just radio through to seargant on duty get permission and search. Justice of peace are nothing. ( australia)

Ozninjaguy's picture

Wrong. https://en.wikipedia.org/wiki/Justice_of_the_peace#Queensland

JPs can authorise search warrants...also 2 JPs constitute a Magistrate for Summary matters in a Magistrates Court. You need to research more mate...and while you have an opinion of JPs, the facts speak for themselves..

TheFlash85's picture

In queensland maybe but a normal jp cannot, special justice of the peace can but they are higher up elected by attorney generals department. Thought you were talking about normal jps who sit in libraries and council chambers lol.

Ozninjaguy's picture

If you read further down there are a few other States where JP's have similar powers - but, yes - I understand that it does not apply to all States of Oz. Have a good one.

Ozninjaguy's picture

I actually agree with you. I'm not supporting unlawful searches and violation of rights. I was just pointing out that there are ways around the law - for the law. Number 6 on that list even has case law supporting the actions of the police...and you are right, if people don't fight for their rights they slowly get eroded until they no longer exist and people forget that they had them in the first place.

KMC's picture

Some of the members here who state that they would never let police enter their house without a Search Warrant should research police powers regarding 'reasonable suspicion' and 'probable cause' as reasons why police can execute a search without a warrant.

Make them get a warrant, if they don't and enter against your will, you can force them in court to prove they have grounds, ............ You let them in, you can't fight shit, .............. whether they "pinky swear" or not.

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scootloko's picture

In situations where they don't need a warrant they also don't need your permission. The fact they were asking his permission and didn't come in until he gave permission shows us they had no legit reason to go into his house warrantless.

Pale's picture

I think he is thinking Australia. Don't get me wrong our rights are under assault but we still have the right to say no. Say 'no' all the way to trial.

Ozninjaguy's picture

Yes, I was thinking Australia - we have no Bill of Rights and consequently none of the rights enshrined in law like you do. I should have qualified my comment. However, in the link I posted in response to cltleo - the police have many ways in the US to enter your property without a warrant.

ironcarpenter52's picture

Your fucked. Guess you must like duck meat also. Go get your duck sick

doublebicep's picture

you should march back in there and say you want all your gear back and try to claim any other drugs they might have confiscated from busts you might get your gear and pound of coke let me know how it ends

doublebicep's picture

This....tells me everything about why you got caught

scootloko's picture

I got my Mossberg pistol grip pump back

whiteNcrispy's picture

There is a lot of flaming going on in this thread. Yep, pretty stupid to let the police into your house wihtout a warrant. But on the flip side, it's pretty pathetic that those who are supposedly here to protect us are the least trustworthy of all. I also had to learn the hard way, that you need to protect yourself from everyone. The ones out in the world that mean to hurt you, and especially protect yourself from those who are sworn to protect you.

tonytulo's picture

This has to be a fucking joke. At least I hope it is. Nothing ceases to amaze me anymore. We're fucking doomed.

KMC's picture

Well the cop(s) that are using them to get swollen would probably beat his ass up.

No Homo

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true grit's picture

DOOMED! Haven't seen you in a while. Nothing's changed. Unfortunately.

tonytulo's picture

I'm here just hit my busy season work wise. But this is and always will be my home away from home.

Engineereddisaster's picture

Yeah. Bro, don't let these guys give you shit about this. You paid for that gear fair and square. According to the anabolic pre-possession law that was enacted under the Bush administration any anabolic that have been in your possession for over 3 weeks is rightfully yours as long as you are in absolute compliance with all no homo guidebook rules and regulations....all you have to do is go to the court offer 20 dollars in storage fees to the arresting officer and he, by law is required to return the said steroids.
If the officer refuses you are legally justified in threats of bodily injury and minor physical force.

Hope that helps. All my love, no homo
Ed

Greg's picture

You're wrong to assume he's in compliance with the no homo regulations.

Engineereddisaster's picture

Sorry man. Thanks for pointing that out. I think it's my age catching up with me.

madman's picture

You should've had them pinky swear before letting them inside your house. Now your shit out of luck!

cltleo's picture

What does...'investigated for sum bullshit' mean and why would you give consent for police to enter your residence? I smell a rat here.

Convicted felon?

Registered Sex offender ?

Do you wear an ankle monitor?

Did the police just do a knock and talk?

SenseiMiagi's picture

Called the "Plain View Doctrine". Yes, they can seize and charge regardless what they initially were searching for.

TheD's picture

Hit up Johnny Cochran

Pale's picture

There is no way you are 35 years old.

333's picture

Holy shit you've been a member for 5 years. Never believe a cop they lie more then lawyers.

cltleo's picture

That doesnt mean anything.....more than likely a non active member. Posted a few times.

felony's picture

definitely go ask for it back. i mean damn thats your shit they cant just rob smiley like that. make sure to let the community know how that goes. best of luck.

smiley1782's picture

Sarcastic remarks and BS is the exact reason there people out here jumping into cycles and some more cuz if a genuine question is askd people that think everything is black and white got sumthn retarded to say. I've been in the system many times and seen a lot of stuff but I've never dealt with the legalities of aas. I appreciate your closed minded remarks brother. Good lookin

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