I'm Fuked, Need Help Bad, Cops Busted Me

**bermich** · 09-28-2004, 02:51 PM

Im glad we cleared up that probable search crap. It was bothering me.

If this was just a case of finding steroids , Im sure he would be off with probation.
BUT, there is the fact that he is under suspicion of a federal crime. The DA wont be happy about that. Just because they didnt find anything doesnt make the whole thing dissapear. If they got a tip, the detectives usually like it to lead somewhere.

They might not get him for fake IDs but they might put all that weight onto the possession charges.
Kinda like Al Copone. Couldnt get him for murder so they got him for tax evasion. MAXIMUM sentence.

**ChiTownTommy** · 09-28-2004, 04:04 PM

Well eastcoster you think i should tell my lawyer about the cop holding the door open and watching put clothes on?
I have just been asked to show up to the school officals on the fellowing charges,
Possesion of Marijuana
Drug parernalia
Posseion of numerous syringes
Steriods
Estergen Tablets
Multiple pill (winny)
Fake id
Sevral unopend 12oz cans of beer.
I plan on calling my lawyer i don't want to tell the school there mine because i am afraid they can tell the cops i excmedit to it
So what should i do?

**ChiTownTommy** · 09-28-2004, 04:18 PM

I just want to thank everyone who has taken the time to post on this thread and given there advice, spoken the truth and have helped me out.

**Psychotron** · 09-28-2004, 04:19 PM

god you suck at typing tom rofl

**ChiTownTommy** · 09-28-2004, 04:25 PM

Originally Posted by Psychotron

god you suck at typing tom rofl

hey at rays and rods the cops walked in the door and just went right through everything without a warrent or anything or without them saying ti was ok

**Psychotron** · 09-28-2004, 04:29 PM

Originally Posted by ChiTownTommy

hey at rays and rods the cops walked in the door and just went right through everything without a warrent or anything or without them saying ti was ok

the bottom line is they stepped into the door without any permission or a warrant. you're out of luck since you willingly allowed them to search your room.

**ChiTownTommy** · 09-28-2004, 06:13 PM

Originally Posted by MMA

concurrent sentences is the biggest scam. say, if you got 30 days for each charge, your lawyer would try to have you serve all those sentences concurrently, meaning all at the same time...meaning your real time served for everything altogether is 30 days. non-violent first time offendors get these kind of breaks. the DA should be able to see that you are not a hardened criminal, dangerous predator, like our Bermich

and your lawyer may find a flaw with the police search. a lot of that sounded borderline, especially the serving of a warrant in the middle of the night like that. then you're home free.

Disclaimer - i'm only familiar with the laws in my state, things may be different in your area.

everythig in that list your tlaking about is what the school is going to talk to me about on friday not what i am being charged with by the cops, but thanks for all the info, **** i should of asked for the warrents and not have let those pigs in my room, i ****ed up big time

**ChiTownTommy** · 09-28-2004, 08:33 PM

Originally Posted by MMA

kid, don't be hard on yourself, you didn't know. thats why these little tricks the cops use work so well, because most people don't no dick about the law. call it a learning experience.

i went over your posts and realized you had already worked out a pretty good deal with your lawyer. congrats.

yea i am trying but nothing is for sure yet.

**znak** · 09-29-2004, 07:49 AM

Originally Posted by ChiTownTommy

yea i am trying but nothing is for sure yet.

It is not like you had heroin or something. Chill. Things will be alright. You made a mistake. You won't next time.

No need to stress, you are in your lawyer's hands. Just make sure you trust him and then you are AOK to go.

**HeavyHitter** · 09-29-2004, 08:51 AM

Sorry for jumpin in so late... but from what I read, you say you only got caught w/ a fake ID- fine, steroids - comm service, mariJ- comm service... I and half my friends have been caught w/ the same thing and never had to do any time... One of my friends got caught with 3lbs of MaryJ, baggies- (intent to sell) and it was during a huge keg party raid while he was serving to underage kids... ---had to drop out of school for only 1 semester, pay a nice charity fee (not fine), do some classes w/ drug tests and do a ton of community service **No record**. Bro, your not as bad so I wouldnt sweat it!!!

***UNLESS they review your computer and find out that you were making and selling fake IDs.... that can be bad i think!!! are they going to find anything on your comp??

**spywizard** · 09-29-2004, 09:22 AM

Another case in point... you never give permission for a search.. not of your room, and not of yourself..

ever.. if they have a warrent.. they must list what they are looking for..

If you have room mates.. it becomes hard to prove who "owned" them..

and if parties happen there.. someone must have left it there..

If they ask "can we do blood work on you" that's like a search.. answer no.

If they say they have a search warrent.. your response is "give it to me" if they dont' but "Can get one"...

your response "ok,, do we wait here?"

Good luck.. deny everything.. it's like a woman.. if she catches you on top of another woman.. hours, days, weeks, months, years later.. always deny it..

"it wasn't me"

**ChiTownTommy** · 09-29-2004, 05:54 PM

Originally Posted by HeavyHitter

Sorry for jumpin in so late... but from what I read, you say you only got caught w/ a fake ID- fine, steroids - comm service, mariJ- comm service... I and half my friends have been caught w/ the same thing and never had to do any time... One of my friends got caught with 3lbs of MaryJ, baggies- (intent to sell) and it was during a huge keg party raid while he was serving to underage kids... ---had to drop out of school for only 1 semester, pay a nice charity fee (not fine), do some classes w/ drug tests and do a ton of community service **No record**. Bro, your not as bad so I wouldnt sweat it!!!

***UNLESS they review your computer and find out that you were making and selling fake IDs.... that can be bad i think!!! are they going to find anything on your comp??

Steriods arn't community service they are considered a controled substance, the same as heroin and stuff like that it is a 1-7 year charge.

**samoth** · 09-29-2004, 06:28 PM

In the Wisconsin state school system, they can search your dorm room with or without a warrent. The campus police just get permission from the head RA and in they come. That agreement is part of the rider on the housing contract you have to sign before moving in.

**ChiTownTommy** · 09-29-2004, 06:48 PM

Originally Posted by samoth

In the Wisconsin state school system, they can search your dorm room with or without a warrent. The campus police just get permission from the head RA and in they come. That agreement is part of the rider on the housing contract you have to sign before moving in.

yea thats what we have, somthing like that

**EastCoaster** · 09-29-2004, 07:38 PM

Originally Posted by MMA

"the warrant shall be served in the daytime, unless the issuing authority, by appropriate provision in the warrant, and for a reasonable cause shown, authorizes its execution at times other than daytime"

Its my understanding that this is a universal law.

Like MMA said... being that you're a first time offender, you'll probably get a slap on the wrist. When I say slap on the wrist, I mean... drug & alcohol counseling, community service, and a cash fine.

Its not the end of the world.... you're main focus should be tyring to get the felony charges dropped.

**EastCoaster** · 09-29-2004, 07:40 PM

Originally Posted by samoth

In the Wisconsin state school system, they can search your dorm room with or without a warrent. The campus police just get permission from the head RA and in they come. That agreement is part of the rider on the housing contract you have to sign before moving in.

BUT they still MUST have probable cause or it will never stand up in court.

In Tommys case... I dont see clear probable cause. They said that they "heard" he was selling fake IDs. Hersey is not recognized as a suitable defense unless it comes from an informent.

**EastCoaster** · 09-29-2004, 07:42 PM

Originally Posted by samoth

In the Wisconsin state school system, they can search your dorm room with or without a warrent. The campus police just get permission from the head RA and in they come. That agreement is part of the rider on the housing contract you have to sign before moving in.

BUT they still MUST have probable cause or it will never stand up in court.

In Tommys case... I dont see clear probable cause. They said that they "heard" he was selling fake IDs. Hersey is not recognized as a suitable probable cause unless it comes from an informent, which I'm strongly doubting it did.

**ChiTownTommy** · 09-29-2004, 08:25 PM

Originally Posted by EastCoaster

BUT they still MUST have probable cause or it will never stand up in court.

In Tommys case... I dont see clear probable cause. They said that they "heard" he was selling fake IDs. Hersey is not recognized as a suitable probable cause unless it comes from an informent, which I'm strongly doubting it did.

The cops told me they had writen statments saying that i made fake ids thats there probable cause. CAn i ask to see thsoe statments?

**bermich** · 09-29-2004, 11:35 PM

ONCE AGAIN. He ADMITTED to the detective that everything was his. It is a written confession. That is ALL THEY NEED. They no longer need a search warrant. They no longer need probable cause. They have the evidence and his confession that those illegal items seized, belong to him.

PLUS: Like I said, they want him for fake ids. FEDERAL OFFENSE. They are not gonna let him off with probation. They want the fake ids. They want information from him or the DA will make this case stick with time IN JAIL.....

This doesnt sound like something they came upon by luck. They have written statements from someone or someones who turned on him. Im sure there is more behind this than just rushing into his room all of a sudden.

**punk_bbuilder** · 09-30-2004, 01:48 PM

Originally Posted by ChiTownTommy

i live on a college campus and it is in the terms of the contract that if they have any reasonable doubt that you are comiting a crime they have the right to search your room., and pot and roids are far from the same thing

Not necessarily dude...You can tell them no and they can call in a warrent. I work for a state university and know how things work. I would have told them to leave and come back with a warrent. If not..then they had no right to search my room.

**EastCoaster** · 09-30-2004, 01:50 PM

Originally Posted by MMA

i disagree. even he confesses, they might not be able to bring up the items if they are illegally seized. "fruit of the poisonous tree" doctrine -

My thoughts exactly.

Here is what we're looking at right now. He's told the police a lot of things which he shouldnt have... we've already covered this. So it obviously too late to back track and refuse possession. Like MMA said... he'd be looking at a whole new set of charges for purjery... and I'm sure his lawyer would never let him do or say anything to the effect.

This case is now revolving around how lawfull the the seizure was.

Originally Posted by MMA

legal standards for a "reliable" informant is fairly high, but someone who bought from you might qualify

Several factors come into play here, different judges go by different rules. What passes in one court, my not pass at a higher court.... thats why we're allowed the oppertunity to appeal cases, the system is inconsistant and we know that.

Its hard for me to picture a kid ratting somebody out over a fake ID... but if this were the case, its up to the Judge to decide how credible is this kid?

Maybe he doesnt like this particular person so he put the blame on him?

How much trouble does this kid get into?

What kind of person is he? Student? Good grades?

Sounds funny, but these are the kind of questions the Judge will throw around while he decides how credible the informent is.

It looks like the prosecution wont have much of a problem proving that you're guilty. You're only hope is to find a flaw in their procedure, which we've helped you a great deal with, from the information available. If your lawyer is unwilling to choose this path, I'd get another lawyer.

I'm about done here.... Good Luck.

**punk_bbuilder** · 09-30-2004, 01:50 PM

Originally Posted by samoth

In the Wisconsin state school system, they can search your dorm room with or without a warrent. The campus police just get permission from the head RA and in they come. That agreement is part of the rider on the housing contract you have to sign before moving in.

Well then its different from state to state...

**EastCoaster** · 09-30-2004, 01:54 PM

Originally Posted by punk_bbuilder

Well then its different from state to state...

From my research, no, they dont need a warrent.... but they must have clear probable cause to violate your privacy. Without it, nothing stands in court.

**ChiTownTommy** · 09-30-2004, 02:17 PM

i don't know were it came up i wrote down a confession, i am saying there probably cause, the reason they had reason to search my room was they had writen testamonys from people saying i was making the ids, also if they do have these can i ask to see them? It is subosivly 5 diffrent people
I never addmited to anything after i was read my maranda rights i mad sure to not say anything at all after taht. before that i said it was but they can't hold that against me in court can they?

**EastCoaster** · 09-30-2004, 02:22 PM

Originally Posted by ChiTownTommy

the reason they had reason to search my room was they had writen testamonys from people saying i was making the ids, also if they do have these can i ask to see them?

Yes, you can ask.... i'm not so sure they have to show you though. Like MMA, they can lie to you all they want till you're in court. If they told you they have 5 statements... I'm willing to bet they had 2 at the most, if any at all.

This is why you dont talk till you have your lawyer.

**ChiTownTommy** · 09-30-2004, 02:31 PM

Originally Posted by EastCoaster

Yes, you can ask.... i'm not so sure they have to show you though. Like MMA, they can lie to you all they want till you're in court. If they told you they have 5 statements... I'm willing to bet they had 2 at the most, if any at all.

This is why you dont talk till you have your lawyer.

yea they didn't make up there mind the cop who came to the dorr said seven, the detective told me he had 5 and some cummputer cop who downloaded my hard drive said they had two. so they probably have 1 cause none fo the cops can get the story stright

**EastCoaster** · 09-30-2004, 02:43 PM

Originally Posted by ChiTownTommy

yea they didn't make up there mind the cop who came to the dorr said seven, the detective told me he had 5 and some cummputer cop who downloaded my hard drive said they had two. so they probably have 1 cause none fo the cops can get the story stright

Did he have a warrent when he downloading your hard drive? Or did you just let him do that too?

**EastCoaster** · 09-30-2004, 02:43 PM

I really hope you say that he had a warrent.

**punk_bbuilder** · 09-30-2004, 04:00 PM

Originally Posted by EastCoaster

From my research, no, they dont need a warrent.... but they must have clear probable cause to violate your privacy. Without it, nothing stands in court.

Yes they must have probable cause....IM an RA and where im located if they want to do a room search and look thru closets and such they are going to need a warrent...but if the resident gives them permission then they can do whatever the **** they want.

**samoth** · 09-30-2004, 04:28 PM

Originally Posted by punk_bbuilder

Well then its different from state to state...

Yeah, it seems to be. In the time I have been here, there has been at least on incident of someone telling the cops 'no', or saying they can't come in without a warrent... didn't work. They just got a second offence of obstruction. The police get a key from the university in 10 minutes.

Part of the contract we sign here states what our 'rights' are. If we want to live on campus, we have to sign that agreement.

Students should always read the fine print on any legal document they sign, especially for living quarters. This thread shows legal rights to vary considerably from state university to state university.

**ChiTownTommy** · 10-01-2004, 04:46 AM

Originally Posted by EastCoaster

Did he have a warrent when he downloading your hard drive? Or did you just let him do that too?

Well when i was in jail he asked if they could search it said no, he was persitant saying that i should let them after a few time of me telling him no he said they were goign to get a warrent and the put me back in the cell and he said he would remember that when the judge asks if i was cowoperative

**ChiTownTommy** · 10-01-2004, 04:50 AM

Originally Posted by MMA

not to make tommy feel bad, but i hope this thread is educating a lot of people about what NOT to do.

MAn i can't feel anyworse and i also hope people are laerning from this so they don't make the same mistakes as i did

**craneboy** · 10-02-2004, 07:19 AM

if this is your first offense dont sweat it even if its a felony you will only get probation or at the worst county jail time like a year max

**EastCoaster** · 10-02-2004, 11:56 AM

Originally Posted by ChiTownTommy

Well when i was in jail he asked if they could search it said no, he was persitant saying that i should let them after a few time of me telling him no he said they were goign to get a warrent and the put me back in the cell and he said he would remember that when the judge asks if i was cowoperative

Ok..... in the future.. once you say I'm exercising my right to refuse questions without my lawyer... they CANT ask you questions like this, all there fun comes to an end.

I'm a little confused though... did you or did you not give him consent to get your computer?

**ChiTownTommy** · 10-02-2004, 12:00 PM

Originally Posted by EastCoaster

Ok..... in the future.. once you say I'm exercising my right to refuse questions without my lawyer... they CANT ask you questions like this, all there fun comes to an end.

I'm a little confused though... did you or did you not give him consent to get your computer?

i didn't give consent to take it but they had it at the police station i also didn't give them consent to look throught it but they said the got a warrent to go throught it

**ChiTownTommy** · 10-02-2004, 12:02 PM

I do have some good news, i appered infront of the wschool offical we talked for awhile and i didn't get kicked out campus like orignaly thought. for school i have to go to a alchole class and a drug class, along with 30 hours comunnity service for the school. I will be talking to the pa soon before i go to court the 14th

**R.Gotti** · 10-02-2004, 12:12 PM

Originally Posted by ChiTownTommy

I do have some good news, i appered infront of the wschool offical we talked for awhile and i didn't get kicked out campus like orignaly thought. for school i have to go to a alchole class and a drug class, along with 30 hours comunnity service for the school. I will be talking to the pa soon before i go to court the 14th

Anyways what s your major.

I hope is not criminal justice.

**ChiTownTommy** · 10-02-2004, 12:25 PM

Originally Posted by R.Gotti

Anyways what s your major.

I hope is not criminal justice.

ahha your a regular comedian
no it is landscape arcatechture, i want to start my own company in due time
i was going to be a english teacher.

**bermich** · 10-02-2004, 12:59 PM

Originally Posted by ChiTownTommy

I do have some good news, i appered infront of the wschool offical we talked for awhile and i didn't get kicked out campus like orignaly thought. for school i have to go to a alchole class and a drug class, along with 30 hours comunnity service for the school. I will be talking to the pa soon before i go to court the 14th

I didnt know the school could accuse you and sentence you like that before you are actully convicted of the crime.

Im laughing about the cop saying he is gonna tell the judge you were uncooperative. LMFAO. The judge could give a **** less. The judge RARELY makes decisions anyway. If it is a plea bargin which 80 percent are, the DA says what goes and the judge oks it. The judge doesnt make the sentencing. He will give you a speech about staying in school and not to hang out with drug users or the people who got you into trouble Thats all the judge does....

**EastCoaster** · 10-02-2004, 01:45 PM

Originally Posted by ChiTownTommy

i didn't give consent to take it but they had it at the police station i also didn't give them consent to look throught it but they said the got a warrent to go throught it

How do you know they had a warrent? They have to give you a copy! This sounds really fishy! I hope you're not paying your lawyer too much bro... cause it doesnt sound like he's doing a whole hell of a lot.