Arrest, Search, Seizure, Warrant I am desperately seeking advice; police harrassment

[daddylou]

Hello,
I need some advice in regards to a friends situation and case that is currently active. About a month ago he was arrested walking out of the motel. The officers arrested him and charged him with possesion of drugs. I don't understand why theyed give him those charges if there was nothing found on him or in his car. All he had was some money a cell phone, and his car. He was then bailed out and was concerned about his property. The officers kept his money and his cell phone and after being arrested simply gave the keys to his car to a unknown person in which then had to be reported stolen. We called the officer and asked about his property and very rude he responded and said that the money was being siezed because he was a drug dealer. The cell phone was never mentioned and all he said about the car was to report it stolen. First of all how could they say so much of him being a drug dealer if there is no evidence. How is it possible to be charged of a crime without having evidence. His money supposably was seized and no one knows what happened to it. There is no paperwork in regards to anything that was taken from him. Well this is just the beginning. He is on probation from a prior case. About two weeks ago the same officer went to his mothers home and said that he was there to do a probation search. He had no warrant the probation officer wasnt present and he was not given any permission to search. They went in searched every room in the house, through documents, and personal items. Apparently they went to the back and in a shed that contains belongings of several different people they found a weapon which doesnt belong to him but yet they charged him with possesion of a gun. They didnt even leave a card with his name on it or show any documents. The officers simply made remarks about him saying for him to run and not turn himself in. First of all the weapon doesnt belong to him do they have any rights for the search that they did. He then had to appear to court for his first case possesion of drugs which he had no drugs on him just money and the money was taken from him. He goes to court and there went in the same officer and arrested him inside the court for possesion of a gun. He was never given the chance to see the judge so now he has a warrant for failure to appear and a new charge was given to him. They then did another search without a warrant at his girlfriends home. There is so much going for him in such little time the officer wants to get him behind bars and for what reason which is unknown. This man is innocent. The clock is ticking and we need some advice who can we call to make a report or what should we do. We are in need of help answers or some type of information. Thank you.

 

[CdwJava]

Your friend needs to speak to an attorney. He is either the most unlucky and persecuted fellow in town, or he is not the innocent Joe you think he is.

I doubt he is charged with possession of a controlled substance if none has been found on him. The police report will tell what he was actually arrested for, and when the crime supposedly occurred. it could be that the crime occurred some time earlier and that he was just then being arrested for the crime either by probable cause or due to a warrant. of course, since he's on probation, his probation officer may have simply revoked his probation.

As for the search of the home, I don't know about your state but in mine the probation officer need not be present for a probation search. That's the way it is most everywhere to my understanding.

Unfortunately for your pal, he can be charged for anything found in a common area of the premises ... whether he can be convicted is another question. But, he can be charged. And since they can search ANY common area of his residence on the conditions of his probation, the fact that others may have had access to the area is a matter for the court and does not mean it cannot be searched and he cannot be arrested.

If they retained the cell phone and the money it may be because they consider them evidence or assets related to drug sales. As for the car, I doubt they just handed the keys to a passerby. IF they handed them to anyone, it was likely to someone that was with your friend and with his permission. If not, then he has a good claim against the police department and he need to consult counsel to pursue the claim.

He needs an attorney big time.

- Carl