Drug Crimes, Substance Abuse marijuana intent to distribute/paraphernalia charges

[muck]

Cops kicked down front door to home without a search warrant, searched without consent, found approx 14 grams on myself and a quarter pound or so on my roomate, took an old broken scale from another room, $1200 of my roomates and $300 of my girlfriend's in the dresser drawer. I had 2 outstanding warrants (1 mis. marijuana possession and 1 driving with a sus license) and the cops stated in the police report that they went to the house on a warrant for me, however that is untrue and even so wouldn't anything they found be irrelevant to the warrant? and otherwise it was an illegal search and seizure. I was charged with int to distribute and mis. paraphernalia and my roommate was charged with felony possession over 20 grams, intent to distribute and paraphernalia. Advice, Help?

 

[mightymoose]

The nature of their warrant is certainly something to look in to, but since it was your residence (at least it sounds like it) it is possible that it is legitimate. If they had specific knowledge that you were inside, a judge's permission to make entry is a phone call away.
If they made entry to arrest you on the warrant, but in the mean time made other plain sight observations, then they were free to investigate further on the things they saw in plain view.
You bring up a reasonable defense, but you will have to let the attorneys with access to all the information determine this for you. There are ways that the police actions could be legitimate, and there are ways that it could be bad. A lot will depend on what the police report says, and the exact nature of the warrants involved along with any other informant information they may have had.

Since you were selling, I am going to bet that they had an informant tip and very possibly obtained a telephonic search warrant that you are not aware of yet.... but maybe not.

 

[army judge]

If I were YOU, I'd "lawyer up", immediately.
You might be surprised as to how the police came to know what was in your home.
The ones closest to you, MIGHT have aided the authorities in effecting your arrest.
If it were me, I'd get help for any drug issues I might possess.
Get your life together, and put this behind you.
STOP, just STOP doing anything you shouldn't have been doing.
You can get HELP to assist you in correcting the issues in your life!

 

[muck]

The nature of their warrant is certainly something to look in to, but since it was your residence (at least it sounds like it) it is possible that it is legitimate. If they had specific knowledge that you were inside, a judge's permission to make entry is a phone call away.
If they made entry to arrest you on the warrant, but in the mean time made other plain sight observations, then they were free to investigate further on the things they saw in plain view.
You bring up a reasonable defense, but you will have to let the attorneys with access to all the information determine this for you. There are ways that the police actions could be legitimate, and there are ways that it could be bad. A lot will depend on what the police report says, and the exact nature of the warrants involved along with any other informant information they may have had.

Since you were selling, I am going to bet that they had an informant tip and very possibly obtained a telephonic search warrant that you are not aware of yet.... but maybe not.

Thank you for your reply. There are a lot, and I mean A LOT of outstanding details pertaining to this case. The reason the police were actually at the house to begin with was to arrest my neighbor and search his home. They had him in the car outside (because they had picked him up in a car down the streert) and accidentally entered our home not realizing it wasn't the same residence, but apart of the same commune-style home. There was nothing in clear sight for the police, they immediately came into the home shouting to get down onto the floor, and started to search. They didn't know I had 2 outstanding bench warrants until they had completed the search and had me in handcuffs. They charged myself, my roomate, and my neighbor all for the same items. There are also two other witnesses who were inside the house when it happened. Oh, and neither I or my roomate are on a lease nor own the house, and it's not considered our legal residences.

 

[army judge]

Your neighbor may have 'ratted' you out to make his burden lighter.
Someone said something to direct the police to your home.
From what you say, you have some issues on which to pin your defense.
Nonetheless, do not think that even your best friend would sell you out in the drug culture.
It is done every day!

 

[mightymoose]

I get people to flip on their friends and family all the time. If they think it will spare them some time in jail then they will sing.