Drug Crimes, Substance Abuse Found paraphanalia in bedroom

[rinel269]

My significant other of 12 years had an altercation in our home, she's a severe alcoholic and violent towards herself. I came home from work and she was intoxicated and we argued and she grabbed a knife and threatened to cut her arm, I grabbed her arm and took the knife away and put her arm behind her back. I must have hurt her shoulder doing so, she said I popped her shoulder, took her to the emergency room and they gave her a sling. Two days later I was arrested for simple assault, paraphanalia and possession. They said she didn't call and that someone at her work called them' and that she didn't press charges but the state picked it it up. Judge put a no contact order in place and can't have contact with her. Apparently she went to the bedroom to get some papers and they followed her and seen a pipe on the headboard, like most people would she said it wasn't hers so they charged me with it, and possession for the residue. They searched the whole house including the basement and garage and found a .22 rifle her son had stashed in the basement. I have a felony from 20+ years ago and so does she. They didn't give me a sheet listing everything they seized, but my son told me they found a .22 in the basement. I guess one of my questions is were they allowed to go in my bedroom and finding the pipe can they search my whole property?

 

[disagreeable]

She did not forbid them entrance to the room. It is normal for an officer to not allow a stranger out of their sight for personal safety.

 

[rinel269]

What if LE were standing in the kitchen or dining room and seen it laying on the headboard in my bedroom, could they go in the bedroom and seize it? And in finding it would that give them right to search the whole house or just seize what they seen in my bedroom?

 

[army judge]

What if LE were standing in the kitchen or dining room and seen it laying on the headboard in my bedroom, could they go in the bedroom and seize it?

Yes. That's called "clear view" or "in plain sight".

And in finding it would that give them right to search the whole house or just seize what they seen in my bedroom?

That will be a question for a judge and jury to decide.
I suggest you talk about that ONLY with your lawyer.

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I suggest you prepare for the worst.
If arrested, immediately INVOKE.
Only provide your name, DOB, address; then say, "I wish to invoke my right to remain silent. I want to speak only to my lawyer."
They often try to trick you into answering, but remain calm, smile, and keep saying, I WISH TO INVOKE MY RIGHT TO REMAIN SILENT. I WANT TO SPEAK TO MY LAWYER.
Whatever you do, don't say ANYTHING about ANY of this.
Silence is your friend.

 

[rinel269]

How does expectation of privacy come into play then? I was under the assumption that they needed a warrant to search somewhere the average person expected privacy.

 

[army judge]

How does expectation of privacy come into play then? I was under the assumption that they needed a warrant to search somewhere the average person expected privacy.

Okay, you're getting into a legal argument that may be moot.
You've not been charged, and you're offering TOO much information.
Ignorance is one of the best defenses, as is silence.
In a nutshell, she may have allowed them more leeway than she should have.
She didn't tell them NO, maybe, but she probably didn't tell them to STOP.
I wasn't there, and neither were you.
She's denied ownership, and you should clam up, lawyer up, and stop trying to figure out a way to defend this.
Again, I suggest you discuss this thoroughly with your lawyer and no one else.

These are arguments, or motions your attorney will address.

Was the search illegal?

Only the judge presiding over your case can say, or the jury if this goes to trial.


The best defense is never to allow police to enter or search your home, search your car, unless they have a search warrant. That said, they (the police) have the right, under EXIGENT circumstances to force their way into your home.

It appears, this situation wasn't one of those EXIGENT circumstances.
Somehow, the female assented to the search.
Again, your lawyer should discuss this entire incident with her.
She knows more about this than you do.
Someone at her work called and reported this. Maybe, but that someone learned if this from her.

You're putting TOO much faith and trust in her.
She may have RATTED you out.
Again, until people are under oath at trial, you just don't know how ALL of this went down.

 

[rinel269]

OK, thanks for your input and the advise

 

[mightymoose]

As you tell it I see big problems with the search of the house, but as noted it depends a certain amount on permission she may have granted. I'm also assuming neither of you are on parole or probation.

She did not have to allow the officer to follow her around the house, and she didn't even have to allow him in. This is what happens when you do not speak up and exercise your rights.

Also, her denial of ownership of the pipe does not make it yours by default. Unless you admit it was yours they could lose that charge. She could be lying, it it could have been left behind by the same person who left the rifle.

Don't try to offer any explanation for anything and speak to nobody other than your attorney.

 

[rinel269]

As you tell it I see big problems with the search of the house, but as noted it depends a certain amount on permission she may have granted. I'm also assuming neither of you are on parole or probation.

Big problems? Yes your assumptions are correct?

 

[army judge]

Big problems? Yes your assumptions are correct?

Is (or was anyone) on probation or parole residing in your home with you?

Until your attorney has investigated this thoroughly you have only hearsay available to you.

You don't know if you can trust her or not.

If you're smart, trust NO ONE but yourself.

You want your lawyer to investigate the circumstances surrounding the search, and how her alleged injuries were really reported to the police.

Let your lawyer lead this effort, as you have that darned restraining order hanging over you.

 

[rinel269]

No no one was on probation or parole in the home. And I have no intention of any contact of any kind.