I got caught with some shit, I'm so fucked!

[dcbliever]

MAn, they don't have to search if it's in plain view. As a former popo it's a grey area. They were invited in by the 911 call which constitutes probable cause. A good lawyer can beat it because most cops can't write good reports to save their life

 

[BIGLED]

Never Know

It looks like everyone has very good info. and they are right you would have thought that you would have had a response from the cops by now concerning your stash where I am from alot of firemen and cops use from what I understand anyway.The bro that said you should be ok is probably right because that would be considered an illegal search (no search warrant),so if they do pick you up you should be able to get off on that point alone.Good luck my friend!I just hope they don't try and confiscate your computer somehow in time if they start an investigation.Just a thought.

 

[bhulkman]

Dude youll be fine, I doubt they ll do anything about what they found, and furthermore like some guys have stated, they found it without a search warrant present, so it wont work in court. But def talk to your girl, because as many people have said on here, there not going to go searching your house when called in on an emergency. They prob asked her what you were on, and she showed them, and of course there gonna take it cuz its illegal, and also keep it for themselves......:banghead:
anyways bro u should be good.
also hide your gear a little better, especially from ur girl

 

[manly327]

and one other thing i have always found it best to keep your gear use quiet never telll anyone especially females, girlfriends or wives. you don't know how many times dudes get jammed up when there relationships go sour and the girl squeals remember hell hath no furor like a women scorned....it is a true ass statement!!!

 

[shortyshort]

Im sure the fuzz took your shit and are using it themselves.
5 Vials? Thats like finding a young fella with an Oz. of pot...Im sure they just seized it.
Good to hear your ok !

i think pot is schedule1? n this is 3.. so, 5vials is no where close to ounce of pot. probably more like getting busted with 50vicodins or something.

 

[triathloncoach]

5 vials can get you fucked

It depends on what the prosecuter designates as a dose. If they say 100mg a week is a HRT dose. 5 vials could constitute intent to distribute. But a lightning bolt could strike you as a great white is pulling you under water. Just about as likely.

 

[flex22]

from wut i know they need a warant. ive heard stories of pigs goin in peoples houses for one thing and seeing a drug like coke on a table but not being able to mdo shit bc they didnt have a search warrant. But wut they wiill do is get probable reason to get a search warrant now that they no for a fact u ahave juice/dduse it. Anyways i def am pretty sure ur good to go but now u gotta be careful bc ur prob on watch and they =may be waiting for u to slip up. so dont be a dumbass and second thing that military service u served def saved ur ass my friend lol. Good luck and dont sweat the samll shit especially as long as u dont have prior felonies.

 

[flex22]

when i was using a few years ago(been clean 2.5 yrs now) i had was in a situation where police were 911 was called bc som eone was dying in my friends apt. Well police ambulance firefighters all came and of course took her out which i do not y to get into so do not ask. But anyways they seen needles and wax baggies in the garbage and then other tools used for cuttin and they couldnt do nothin or arrest us on this bc there wasnt a search warranmt. But everything happens for a reason cuz i went from using heroin for 5 rs to bein clean bc that moment woke my ass mup. Moral be smart and learn from ur mistakes

 

[animal eater]

First off, I hope you are alright. Couldn't of been to well if you ended up in an ambulance. Second, I would be very surprised if you were in any legal problems for 5 vials. Clearly they have bigger issues to deal with then that.

 

[h8tr3d]

I know it was asked already..... but..... how the hell did they get into your closet with your stuff there?? That just doesnt make an ounce of sense to me.... keep that shit under lock-n-key bro. Use your head, its not advil here.

 

[BIGW]

here what up they took your 5 vials one or more will use your shit. they will right a report up. they say the vials got broken and were destroy. You will thank everything ok.7 to 9 mt. latter they will come to house and server court paper. you have to get a lawyer it cost you 1500 to 2500. after court you pay your finds, and it goes away,like it never happen. The asshole how took your gear will find you and ask for your source.

 

[strongrhino]

They would have arrested you on the spot. Cuffed you to the gourney. Sounds like some holes in your story and why would your wife show them your stash? You would behind plexiglass right now. Chill. you will be fine the dumb cop probably took the shit for himself.

 

[HawaiiMuscle]

Im not sure but i think that would be considered illegal search and seizure if it went to court. They have the right to come in your house and help u but nit the right to search your shit. As far as they know u have scripts for the stuff. id say your fine.

Plain view clause, if you have illegal items in open view they can can you if they want.

OP, If nothing was seized, I'm sure you will be fine. Without hard evidence, I dont see how they can get a search warrant from the magistrate. I still clean house just in case.

 

[dudeface]

You are probably ok, but definitely under the microscope.

 

[PeterBobJohn]

question is why were they (police) looking in your closet? if the police get called to your house on a medical emergency they can't search your house. if they come in and your stash was in plain view they can not arrest you for it but they can take it. if it was not in plain sight no search of the house for anything they are there on a medical call not there with a search warrant again i ask why were they in your closet. not allowed to go into your closet on that call. unless of course someone gave them consent to (you or your wife) to search your house.

yes, ''plainsight' is one of the exceptions to a search warrant, if the items were out in the open such as on the litchen table or if your wife directed them to them medicine cabinet to see your medications relevant to your emergency then the items would be admissable as evidence, if they were in a shoebox under your bed and the cop was looking around cause you are jacked then the items are not admissable as they were not obtained with a search warrant.
where were the items?

 

[PeterBobJohn]

MAn, they don't have to search if it's in plain view. As a former popo it's a grey area. They were invited in by the 911 call which constitutes probable cause. A good lawyer can beat it because most cops can't write good reports to save their life

not to flame you bro but probable cause is not the issue here based on what he has told us, the issue is whether or not the items were found and the facts surrounding the finding of the items fall under one of the exceptions to when a search warrant is not required.

 

[PeterBobJohn]

from wut i know they need a warant. ive heard stories of pigs goin in peoples houses for one thing and seeing a drug like coke on a table but not being able to mdo shit bc they didnt have a search warrant. But wut they wiill do is get probable reason to get a search warrant now that they no for a fact u ahave juice/dduse it. Anyways i def am pretty sure ur good to go but now u gotta be careful bc ur prob on watch and they =may be waiting for u to slip up. so dont be a dumbass and second thing that military service u served def saved ur ass my friend lol. Good luck and dont sweat the samll shit especially as long as u dont have prior felonies.

bro coke on the table would fall under the plain sight exception to a search warrant and therefore be admissable as evidence

 

[dcbliever]

not to flame you bro but probable cause is not the issue here based on what he has told us, the issue is whether or not the items were found and the facts surrounding the finding of the items fall under one of the exceptions to when a search warrant is not required.

A search warrant is not required, the 911 call opened the door for entry into the house. If the gear was in plain view it is fair game. I don't know where he was when they entered the house, who got there first? As a police officer you ARE a 1st responder so if the police officer arrived on scene or came in after the paramedics were there and he was in the bathroom and saw the gear laying there then no search warrant is needed. Yes it is beatable with a good lawyer. The intent was not to search the house, it was to respond to a medical emergency, while there they observed the gear, it would also be beneficial to know the state he was in regarding the statutes. I worked in NY and Fl and in those states it can be used to charge him. I know you're not trying to flame but my 10 years experience tells me he can be charged. It's not illegal search and seizure, he even said it was in the open.

 

[greaser]

i dont believe you

even if i did.....

where was "your shit"?????
on the kitchen table????!!!!???

Hahaha fkn Tenny it had to be you

 

[PeterBobJohn]

A search warrant is not required, the 911 call opened the door for entry into the house. If the gear was in plain view it is fair game. I don't know where he was when they entered the house, who got there first? As a police officer you ARE a 1st responder so if the police officer arrived on scene or came in after the paramedics were there and he was in the bathroom and saw the gear laying there then no search warrant is needed. Yes it is beatable with a good lawyer. The intent was not to search the house, it was to respond to a medical emergency, while there they observed the gear, it would also be beneficial to know the state he was in regarding the statutes. I worked in NY and Fl and in those states it can be used to charge him. I know you're not trying to flame but my 10 years experience tells me he can be charged. It's not illegal search and seizure, he even said it was in the open.

dude that is what i said, he can be charged, plain sight negates the need for a search warrant, you and i are on the same page, the items were in plain sight therefore admissable as evidence.
being charged is not the issue, you can be charged regardless, the specific issue here is whether or not the evidence is admissable because there was no warrant