Buddy Got Busted

[UnholyJoker]

JerseyFreak is right...

Here is what most likely happened:

1: Your buddy get busted a year ago
2: Gets a slap on the wrist, probation, et cetera.
3: Starts juicing.
4: Probation officer notices these dramatic gains in your buddies size, et cetera.
5: Administers piss test, realizes it isn't worth the dollars involved to do a juice test, so exercises her right to search his premises, and hopes she will get lucky.
6: Your buddy slacks a bit on hiding his gear, and bango, the probation officer catches him for holding.

----What may happen now----

Your buddy gets hit with violation of parole, therefore getting charged with his previous offense, AND the steroid stuff. I am unfamiliar with the specific laws pertaining to this in your home state, but in Jersey, you get one free shot, after that, you are screwed.

Then I again, I might be wrong. I hope I am.

 

[nycdefender]

I'm not sure if your buddy is as f*#!?d as everyone has posted. I ran a quick search on Westlaw and pulled up the following case: People v. Eiland , 217 IllApp3d 250 (1991). The following is the pertinent excerpt from the decision:

"We therefore see no reason for denying a defendant the right to waive his fourth amendment rights in order to accept the benefits of probation. However, unlike the California court, which held that a search condition of probation that permits a search without a warrant also permits a search without reasonable cause (Bravo, 43 Cal.3d at 609, 738 P.2d at 342-3, 238 Cal.Rptr. at 289), we believe a probationer's waiver of fourth amendment rights extends only to searches conducted upon a reasonableness standard, as any probation condition imposed must be "reasonable" under the language of section 5-6-3(b). Ill.Rev.Stat.1989, ch. 38, par. 1005-6-3(b).
In the instant case, defendant had agreed to allow a search pursuant to what we have determined to be a reasonable condition of his intensive probation. As in Griffin, the probation officers had information from a police officer, Captain Terry Delaney, that defendant was committing a criminal offense and were entitled to rely upon that information. (Griffin, 483 U.S. at 879- 80, 107 S.Ct. at 3171-72, 97 L.Ed.2d at 721.) Additionally, the probation officers knew that two of defendant's urinalysis tests were positive for cocaine and cannabis. The search itself was therefore reasonable **1192 ***238 in that the information the probation officers possessed indicated the likelihood of facts justifying the search. Thus, given defendant's consent and the additional facts known to the probation officers, the justification for the instant search was even greater than in Griffin."

Perhaps based on the offense for which your friend was on probation, such a "consent" search would be an unreasonable condition of probation. If so, then the search would be illegal, and the drugs suppressed in a new criminal prosecution. But your friend can still be violated on probation--since proof of a probation violation is much less that in a criminal proceeding.

Yes, your friend should contact a lawyer as soon as possible.

 

[hugecalves]

Sounds kind of weird to me. Why did your bud let them take the gear? I'm not familiar with the whole probation thing, but it would seem that they would have to know it was illegal before they could actually take it from him.

 

[The Bull]

In most states it is a Schedule 3 Drug...A Misd...

 

[litig8r]

nycdefender

nycdefender:
Was that Ill case a search by Law enforcement at the suggestion of a probation officer or a "home visit/search" by a Probation Officer. I can see the problem with a probationer generally waiving his 4th amendment rights, that is any cop can search his house whenever they want. I don't think you have a problem allowing a probation officer to search a home as a condition of probation. I am interested if the Ill court made that distinction. In Texas, the search by Probation officer would have been fine. The bro would get filed on for violating probation AND the new possession charge. Those sentences could run Consecutively (stacked) at the court's discretion. If he were in my backyard, was already on probation for a felony and got poped with gear, he would be visiting Texas' greybar hotel for several years.

By the way, you have some of the best legal posts I have seen.

1mistake:
I take great joy in kicking the shit outta defense attorneys who think they can walk anyone for anything. The homecourt advantage for a DA is tremendous.

hasta

litig8r

 

[GearCowboy]

If you still need help...

Bro, if you still need help... email me all the information about what they found, what exactly they said before they came in, what your buddy said when they found the gear, etc... My dad is a lawyer, and is a very smart guy so I'm sure he'd be happy to help answer any questions through me.

 

[Not2Big1535]

Seems like 'ol 1PUNCH isnt responding, sounds like hes either bailing his buddy outta prison, or hes getting booked as I type this.

Moral of this mans post: Person on probation should not keep illegal crap in his house. Duh.

 

[1PUNCH]

OK guys THANKS ALOT to all of you guys that gave your oponions and tried to help I really appreciate it. to all of they guys that were replying with shit like dont have gear in your house if your on probation and the DUH 3rd grade bullshit that wasnt appreciated. he knows he screwed up and I told him that alot of guys on this board know there shit so I would ask for help. he still hasnt heard anything back from them so he is pretty much just waiting for them to come and arrest his ass. THANKS AGAIN to everybody that tried to give some advice. 1PUNCH

 

[psroth]

Call a lawyer dude. Anyone here a lawyer?

 

[B_Bull]

First Guys Anabolics are Schedule-3 in all 50 states it is a federal law, second how did he get the gear and do the cops know how he did? If he got through Mail order it is now a federal case (not Good) I hope he keeps his mouth shut until he gets a proper legal advice, also something is up if they did not take him right to jail, this sends a red flag up. third our idea of a personal supply is not the same as the systems they may try to hang intent to sale on his ass. My advice is to stay away from your friend at all cost he is on his own!!