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chronicX357 said:
But what if your garbage was not on the curb and in your yard besides your house?
Got Raided
- Thread starter BIGG GUNNZ
- Start date
But what if your garbage was not on the curb and in your yard besides your house?
G
Golfer18--old
Guest
your ex roommate must have been moving a lot of shit...........
chronicx357
New member
FarBeyondDriven said:
not too sure. that sounds like something that they wouldnt be allowed to do
I'm almost finished with Law school, so I know a fair bit about this, but this IS NOT LEGAL ADVISE (I have to say that). The police can go through your trash that is sitting outside, even if it's in your yard. The only protected area outside of the house is known as "curtilage", but there are a number of factors that must be met. The MAIN test is simply whether he had a subjective expectation of privacy, and whether that expectation of privacy is one that society is willing to accept as "reasonable". A trash can outside of your house almost certainly wouldn't pass the "society accepts as reasonable" test.
If they found syringes and empty gear bottles, that would almost certainly be enough to get a valid warrant. All that is required for a warrant is "probable cause" (a substantial likelihood), and a warrant issued by a neutral and detached magistrate, which it sounds like they had. Since they were tipped by your roomate who sold weed, and found paraphernalia, the scope of the search allowed would be almost unfettered. The warrant MUST state with particularity what they are looking for, and the scope of a constitutional search must be strictly confined to places that those items could possible be (ex. if it's for a stolen piano you can't open any dressers or drawers, etc). Since they were looking for weed or gear, well that could be just about anywhere.
They may not care about your small amount of gear, and they'll surely tell you that, but take eveyone's advise and DO NOT speak to them ABOUT ANYTHING without an attorney present. First thing out of your mouth needs to be an unambiguous, "I don't wish to speak about ANYTHING w/out my attorney present". Then they MUST "scrupulously honor" your request, and anything you say would inadmissible under the exclusionary rule anyway.
I hate to say it, but they were justified to do what they did, at least under the law. But a good lawyer should be able to get rid of this. Just don't get the name of a guy off of TV, or the biggest ad in the yellow pages, ask around and get a good lawyer. Since they didn't find much worth pursuing they may just let you go with a warning, or maybe a small fine. If you're in a big city of a small town might matter too. Good luck. You can PM me if you have any specific questions, I'll answer them of I can. I don't check the board that often though, I'm actually taking finals right now.
If they found syringes and empty gear bottles, that would almost certainly be enough to get a valid warrant. All that is required for a warrant is "probable cause" (a substantial likelihood), and a warrant issued by a neutral and detached magistrate, which it sounds like they had. Since they were tipped by your roomate who sold weed, and found paraphernalia, the scope of the search allowed would be almost unfettered. The warrant MUST state with particularity what they are looking for, and the scope of a constitutional search must be strictly confined to places that those items could possible be (ex. if it's for a stolen piano you can't open any dressers or drawers, etc). Since they were looking for weed or gear, well that could be just about anywhere.
They may not care about your small amount of gear, and they'll surely tell you that, but take eveyone's advise and DO NOT speak to them ABOUT ANYTHING without an attorney present. First thing out of your mouth needs to be an unambiguous, "I don't wish to speak about ANYTHING w/out my attorney present". Then they MUST "scrupulously honor" your request, and anything you say would inadmissible under the exclusionary rule anyway.
I hate to say it, but they were justified to do what they did, at least under the law. But a good lawyer should be able to get rid of this. Just don't get the name of a guy off of TV, or the biggest ad in the yellow pages, ask around and get a good lawyer. Since they didn't find much worth pursuing they may just let you go with a warning, or maybe a small fine. If you're in a big city of a small town might matter too. Good luck. You can PM me if you have any specific questions, I'll answer them of I can. I don't check the board that often though, I'm actually taking finals right now.
ambulancechaser
New member
Somebody read their Katz v. United States and California v. Greenwoord. I agree with what you have said. However, how they obtained initial entry into the home will be, before the warrant was issued, is critical. If it's the trash by the curb, it's not good for you.
I am also a law student, NOT A LAWYER. Anything I say here is for entertainment purposes only.
I am also a law student, NOT A LAWYER. Anything I say here is for entertainment purposes only.
GettingLean
New member
Correct me if i'm wrong, but, since they raided you because your roomate was a major dealer, and fucked you in the process, couldnt you just tell them that the gear was your buddy's? Hey, since he caused this mess, i'd fight fire with fire. Your "friend" put your freedom in jeapordy and he's responsible for this whole f'n ordeal. I would do two things:
1. Get an attorney
2. Tell them the gear belonged to your roomate.......Hey, who are they gonna believe? You or your drug-dealer roomate?
BTW.....do you have a prior criminal record? If not, you are gonna look good in all of this! Best of luck my friend!
GettingLean
1. Get an attorney
2. Tell them the gear belonged to your roomate.......Hey, who are they gonna believe? You or your drug-dealer roomate?
BTW.....do you have a prior criminal record? If not, you are gonna look good in all of this! Best of luck my friend!
GettingLeanloadedguns
New member
your garbage?
i dont think your garbage has alot to do w/ this shit now.
besides unless you had a bill or document in your name in your garbage they would have not enough incriminating evidence
against you to prove it was yours in the first place. no documents, not yours. maybe you did......
but for them to go in to your house is some fucked up shit.
did your room mate have all of his stuff moved out?
and where exactly did they find your gear?
fucken bastards!
good luck bro
loaded
i dont think your garbage has alot to do w/ this shit now.
besides unless you had a bill or document in your name in your garbage they would have not enough incriminating evidence
against you to prove it was yours in the first place. no documents, not yours. maybe you did......
but for them to go in to your house is some fucked up shit.
did your room mate have all of his stuff moved out?
and where exactly did they find your gear?
fucken bastards!
good luck bro
loaded
cinnabar8521
New member
First off your garbage is fare game anything they find can be used for a serch warrant. secound if they do aprouch you ask for your lawer. and every time they ask you something tell you want your lawer. REMEBER DON'T TALK TO THEM THEY ARE NOT YOUR FRIENDS POLICE CAN NOT MAKE DEALS. NO MATTER WHAT THEY TELL YOU.
supertech69
New member
I'd listen to two things & two things only from this post if I were you. Keep your mouth shut & talk to a lawyer. If you are really worried about it, I'd go ahead and also delete this thread. You've got the opinions that you want, there's no longer a use for it. Just my $.02 Good luck Bro. Hope it works out for ya.
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