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VIP Mod - T1 - got popped and needs legal advice - Please help

  • Thread starter Thread starter Juice Authority
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Juice Authority

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Those of you who been around for a while know Testosterone1. He's a Mod at VIP and a very stand up guy. Recently, he had a little mishap at home and got sick. The wife came home and saw him passed out and puking and called an ambulance. The cops came and found a bunch of gear and took his computer.

Here's what happened. Posted by T1 on Meso.

I'm at Kinkos right now and want to get the facts straight. I haven't slept in 2 days please excuse this post if it doesn't make complete sense.

First all, EVERYONE is safe. And that means EERYONE. All emails were deleted by a close assiociate and all old priority boxes/xpress boxes were discarded quite some time ago. My cell phone is being held my another close associate so if I have your phone number, don't worry.

Here's what happened. Ever since I have been married I have had extreme anxiety and insomnia. So at night I take xanax, tylenol pm, benydryl, etc. to help get some sleep.

Well at 5 am yesterday morning I was still wide awake while my wife slept and felt that I HAD to get some slept. I took another dose of sleeping pills and finally fell asleep. When my wife came home at 4 or 5 o'clock in the afternoon after her nursing classes she found me passed out she freaked and called the ambulance. I was fine, but there were at least 5 or 7 guys looking throughout my apartment; some were EMS, some were police officers.

One policeman found all of my gear and started to read the remannda (sp?) rights to my wife. She broke down in tears and of course I took the blame

They want to wait and talk to me until I am of "clear" mine, as they think the 2mg xanax and the benadryl has got me dazed for days.

I DO NOT feel like these guys had a search warrant and REALLY need your opinion on what I should do. The gear was hidden in a closet BUT the door was opened and to a VERY nosy person they could pick it out.

I know I ned a lawyer to get me of this. I'm in the upstate South Carolina area, if anyone knows an attorney.

If you can help me, PLEASE do so!

Any advice or comments are mudh appreciated.


I love all of you guys and this has taken a huge hit 80-90% of my income was used to put my wife in nursing school, myself in the business masters prograrm, and to generally support ourselves.

RIght Now I'm a nervous wreck and need any and evey body's help.

Thanks,
T1
 
It will get thrown out of court if no search warrant was issued.I doubt if one was as there needs to be probable cause to obtain a warrant.


RADAR
 
First, don't, don't , don't talk to the cops without a lawyer. Oh ya, did I tell you not to talk to the cops without a lawyer.

Normally cops can't search your resident without a warrant. But there are two exceptions that might apply here. The "plain view" exception and the community care taker exception to the warrant requirement.

If the cops are legally in a location and contraband is in plain view, they may seize the contraband. But the illegality of the contraband must be readily apparent. If they see a bottle, and can't read the label, they can't go into a closet to get so they can read the label. It sounds like the cops will be hardpressed to apply this exception.

The other exception might apply. If the cops were there to assist the paramedics, and were asked to look for something that might have poisioned you, that might gibe them the right to look in your medicine cabinet or refrigerator. But I don't know about your closet.

PM me if you want my office number. I practice in massachusetts, but alot of this is based on federal law (4th amendment) but I can probably answer some questions and help you choose a good lawyer.

Once again....DON'T TALK TO THE COPS WITHOUT A LAWYER. They can be tricky mothers. Don't let your wife talk to them. They will lie to you, they will pretend they are your friends. Don't talk to them. Be polite, but tell them you won't talk to them without a lawyer.

They will lie and try to trick you. It is perfectly legal and a routine police practice.
 
Slayer_ said:
First, don't, don't , don't talk to the cops without a lawyer. Oh ya, did I tell you not to talk to the cops without a lawyer.

Normally cops can't search your resident without a warrant. But there are two exceptions that might apply here. The "plain view" exception and the community care taker exception to the warrant requirement.

If the cops are legally in a location and contraband is in plain view, they may seize the contraband. But the illegality of the contraband must be readily apparent. If they see a bottle, and can't read the label, they can't go into a closet to get so they can read the label. It sounds like the cops will be hardpressed to apply this exception.

The other exception might apply. If the cops were there to assist the paramedics, and were asked to look for something that might have poisioned you, that might gibe them the right to look in your medicine cabinet or refrigerator. But I don't know about your closet.

PM me if you want my office number. I practice in massachusetts, but alot of this is based on federal law (4th amendment) but I can probably answer some questions and help you choose a good lawyer.

Once again....DON'T TALK TO THE COPS WITHOUT A LAWYER. They can be tricky mothers. Don't let your wife talk to them. They will lie to you, they will pretend they are your friends. Don't talk to them. Be polite, but tell them you won't talk to them without a lawyer.

They will lie and try to trick you. It is perfectly legal and a routine police practice.

My buddy T1 doesn't post here. Can you PM me with your contact info and I will pass that along to T1. Thanks.
 
Slayer_ said:
First, don't, don't , don't talk to the cops without a lawyer. Oh ya, did I tell you not to talk to the cops without a lawyer.

Normally cops can't search your resident without a warrant. But there are two exceptions that might apply here. The "plain view" exception and the community care taker exception to the warrant requirement.

If the cops are legally in a location and contraband is in plain view, they may seize the contraband. But the illegality of the contraband must be readily apparent. If they see a bottle, and can't read the label, they can't go into a closet to get so they can read the label. It sounds like the cops will be hardpressed to apply this exception.

The other exception might apply. If the cops were there to assist the paramedics, and were asked to look for something that might have poisioned you, that might gibe them the right to look in your medicine cabinet or refrigerator. But I don't know about your closet.

PM me if you want my office number. I practice in massachusetts, but alot of this is based on federal law (4th amendment) but I can probably answer some questions and help you choose a good lawyer.

Once again....DON'T TALK TO THE COPS WITHOUT A LAWYER. They can be tricky mothers. Don't let your wife talk to them. They will lie to you, they will pretend they are your friends. Don't talk to them. Be polite, but tell them you won't talk to them without a lawyer.

They will lie and try to trick you. It is perfectly legal and a routine police practice.

Obviously you have never lived in South Carolina.

They make up laws as they go and that includes warrants. I have 2 cop friends at my complex and they do what they please. Many peeps have been busted to all sorts of things without warrants. Especially since most of the smaller towns have a magistrate and not a judge.

If you live near the Myrtle Beach, SC area I know of two great lawyers. One will even set up a payment plan.

Email me at [email protected] and I'll give ya her info.
 
2BIG4URMOM said:
Obviously you have never lived in South Carolina.

They make up laws as they go and that includes warrants. I have 2 cop friends at my complex and they do what they please. Many peeps have been busted to all sorts of things without warrants. Especially since most of the smaller towns have a magistrate and not a judge.

If you live near the Myrtle Beach, SC area I know of two great lawyers. One will even set up a payment plan.

Email me at [email protected] and I'll give ya her info.

Excellent. Thanks. Much appreciated.
 
2BIG4URMOM said:
Obviously you have never lived in South Carolina.

They make up laws as they go and that includes warrants. I have 2 cop friends at my complex and they do what they please. Many peeps have been busted to all sorts of things without warrants.
Email me at [email protected] and I'll give ya her info.


Cops like to do what ever they want wherever you live. They are taught how to "write reports." They know the law and know how to right reports to make a bad search a good search. Which is why he needs a good lawyer. Its one thing to write the perfect report, its another to stick to it under heated cross examination.
 
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