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

[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.

How is this "beatable" with a good lawyer?

 

[bobbym17]

amb guys yes tell them everything cuz that goes to the dr.and is confident fire guys could care a less cops ????could do anything so you mean to say were you are when some1 calls for med.help you get cops, amb., and fire that is some service. But if all that true i would say they just gona confi. what they have. like the rest said y are they searchin your house ??you cant slip things in a draw b4 they get there????and if you out she cant???

 

[Emery]

I'd probably be shittin my pants if it was me...

But thats just me.

I sure as hell wouldn't have shit sittin on a shelf, in an open box with the door open!!!

But thats just me too!

 

[xmoo]

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.

cant search, but if its in open view when they have legal access for other purpose its admissable

 

[PeterBobJohn]

cant search, but if its in open view when they have legal access for other purpose its admissable

exactly plain view one of the 6 exceptions when a warrant is not required

 

[calmuscle]

I'm sure your fine bro. If it was an issue they would have been back by now with a search warrent or questioned you and/or your girl further about it. Looks like the popo will be alittle bigger in your neighborhood for the New Year. lol

 

[PeterBobJohn]

I'm sure your fine bro. If it was an issue they would have been back by now with a search warrent or questioned you and/or your girl further about it. Looks like the popo will be alittle bigger in your neighborhood for the New Year. lol

good point that plain view obtained item would be enough to get a warrant signed and that woud be done fast as they know you would be disposing of items

 

[Pit]

well, it's been more than 48 hours now, and I've not heard anything back from the police, I was in the kitchen when they came in and the stuff was in the dinning room in the closet, the fire fighter that saw the shit, was walking around and saw the box of needles so he called other people over to check it out, my wife did not tell them about the stuff. so IDK what's gonna happen but I think they would've came back to search my house for more shit by now. IDk I'm just waiting to see what's gonna happen.

 

[caveman]

Just my uneducated thought. I think with your military background, and dealing with police/fire/emt/ etc... there is a code between them because of the nature of their work. With ur obvious personal stash, ur imediate poor health, plus ur background, i think if u have a God u should thank him and them......that being said, ur under the radar now, gota b smarter now. i would remove EVERYTHING gear related from ur house now, and ya if u use ur computer i would remove it too. You ve been given a second chance, its up to u. good luck

 

[Pit]

Just my uneducated thought. I think with your military background, and dealing with police/fire/emt/ etc... there is a code between them because of the nature of their work. With ur obvious personal stash, ur imediate poor health, plus ur background, i think if u have a God u should thank him and them......that being said, ur under the radar now, gota b smarter now. i would remove EVERYTHING gear related from ur house now, and ya if u use ur computer i would remove it too. You ve been given a second chance, its up to u. good luck

Yeah I know I messed up, by leaving my shit out in the open a mistake that I will never make again, I will lay low for a while, I mean I've never been in trouble in my life this is the first. I wont get my hopes up just yet cause I know they could just come back anyday for me.

 

[dcbliever]

How is this "beatable" with a good lawyer?

Most cops cannot write proper reports with all the facts due to education levels or whatever. Lawyers can pick these apart easy. Yes it is admissable under, again, plain sight rule, search warrant is not needed, the medical emergency opened the door for entry which now opens plain sight. If you stand at the front door and can see illegal activities or products in the house you just obtained your prbable cause for search.

 

[GRAVESY]

imo
if they were going to make an issue over it, i would thinkone of the cops would have come to visit you in the ER.

Maybe your service in the military saved you. They could have just taken it and disposed of it.

 

[tkav1980]

EVERYONE UNDERSTAND THIS, I AM ON PROBATION FOR AN EMPTY 10 ML BOTTLE OF TEST THAT WAS 4 YRS OLD. IT WAS SAID THAT IT WAS "IN PLAIN SIGHT" IT WAS NOT BUT ITS MY WORD AGAINST A COPS. AND 3 OTHERS THAT AGREED WITH HIM. IF IT CAN BE SWABBED YOUR CHARGED WITH POSESSION, DEPENDING ON THE COUNTY AND STATE.

IF THEY WANT YOU IN TROUBLE FOR IT YOU WILL BE END OF STORY.

 

[caveman]

I mean no desrespect...but thank god i leave in Canada. Possesson is legal, its the selling of it that the no no. So if ur not a big player, a LITTLE less of a risk.:ch:eky-sm

 

[kalika]

YEA they don't just find shit unless they are looking.Hopefully they are not waiting for the lab results to come back before they come back.Why in the hell were they looking around you house. They have no right to look around you house. So unless they seen the shit out in the open sight or they have a warrent you have nothing to worry about. There is a law that allow cop to look around your house if they see something out in the open but if they find it will looking there souldn't be anything they can do legally.How long has it been since they come to your house?

never let them in without a search warrant.

 

[dcbliever]

First off, having no business looking in your personals is not a smart staement. He had a medical emergency, 911 was dialed, there is a mandatory response by medical and law enforcement. I don't know what is hard to grasp. He didn't say they started opening up drawers and looking, he admitted it was out in the open. There is no search warrant needed. I worked in this profession, you always take notice of your surroundings and something I still do. They may just be watching him now trying to see what exactly is going on and building a case for a search warrant pursuant to everything not just your home.

I'm not trying to scare you and it probably won't amount to shit. 5 years ago while I was a cop I had the DEA show up to my house with a binder full of info in it about me. I didn't have anything but it's still scary. Lay low, watch your ass, and whatever you have find somewhere to someone to stash it for you. Listen to TKAV, personal experience speaks volumes.

 

[PeterBobJohn]

Most cops cannot write proper reports with all the facts due to education levels or whatever. Lawyers can pick these apart easy. Yes it is admissable under, again, plain sight rule, search warrant is not needed, the medical emergency opened the door for entry which now opens plain sight. If you stand at the front door and can see illegal activities or products in the house you just obtained your prbable cause for search.

Pick what apart? there is nothing to pick apart,
basic report, walking through house on ER call, they are first responders and items were in plain sight,
nothing to pick apart

 

[swolzilla]

I'd say you're good bro.. no worries .. They would be knocking by now

 

[stike]

You got away with a big one.Stay safe like others said.
Hope you are feeling better
Keep us posted if anything happens

 

[strongman12]

I ould stay clear of anything just to be safe..they could have told to cops but i doubt it...better safe than sorry though...