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Old 05-03-2006, 10:34 PM   #1 (permalink)
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Possession of methamphetamine paraphernalia in Louisiana

My cousin was a meth dealer up until he got busted almost a week ago. Well before he got in trouble he and his girlfriend were living together and every time I talked to him he would be arguing with her and finally he decided to move out on the spur of the moment and I allowed him to live with me and my wife. I knew what he was doing to earn a living and I had only one rule and that was to never bring any drugs into my house. When he got arrested he was charged with 3 counts of possession with intent of meth, cocaine, and adderrall. He's been in jail since.
Well I used to smoke meth a lot and I finally quit after years of abuse and was clean for 2 years up until just recently. Most of my cousins belongings are still in my home and as I was packing them up I noticed a small baggie with maybe an 1/8th of a gram and a pipe and I decided to smoke again. After smoking there still remained some residue in the bag and some in the pipe as well. I placed both the bag and the pipe in my dresser drawer and forgot about it.
Yesterday afternoon I heard knocking on my door only to open it and be greeted by 6 narcotics officers who claimed there was an anonymous tip of "major drug deals" going on at my residence. They ask if they can search my home and without thinking i said yes because I have this rule which I mentioned before that forbids drugs entering my home and I have nothing to hide anyway. I totally forgot about the pipe and bag until it came time to search my bedroom. They asked before entering if they were going to find anything and I showed them immediately that I had the pipe and bag which both contained very small traces of meth. They then ask if I have anything else in the house and I explained my addiction/recovery/relapse situation and assured them to the fullest extent of my knowledge that there was nothing else. So now they start digging through my cousins stuff and they finda bunch of unused baggies and a digital scale and neither of which had any traces of anything whatsoever. They then begin the old routine of reading me my rights and assure me I'm going to jail......unless I give them a name. They assure my freedom if I find them just one person to set up to make an illegal purchase from. The shake down lasts for over an hour and everytime they asked for a name I kept explaining that I wasn't a dealer, I had no friends who dealt, and the sole person I could possibly imagine that I could set up was my cousin who was already in jail with possession with intent of meth, cocaine, and adderrall. This is the gospel truth and I couldn't quite re-assure them of my honesty because I'm a "junkie" as one of these gentlemen referred to me as, and all "junkies" are liars. The shake down continues.....
Finally when they realise that I know not a single drug dealer they start back with the threats of jail time, and threatening to take away my daughter which they actually jerked her from my arms 3 different times. Also when they made me sit in my bedroom while they searched the other officers were watching pornography on my computer. Anyway, they never found any cold hard proof of any "major drug dealing" going on so they charge me with misdemeanor possession of paraphernalia and demand that I become a narc or suffer the consequences of "being bubba's b*tch". By this point I'm highly pissed off after having my 5 month old daughter pulled from my arms 3 times, having beared witness to 3 narcotics officers watch pornography on my computer, and being told to sit down and shut up in my own home, oh and also being ridiculed and labelled a "lying junkie" and the threats of calling social services and having my kids taken away. I reluctantly acted cooperative and forced myself to verbally agree to assist them with their request. As of now the officer who issued the misdemeanor summons notice is pretty much holding the misdemeanor charge over my head unless I cooperate and do as they say and "help us help keep you out of jail and tell us the name of your dealer".
This all took place in Baton Rouge, La. and I know nothing about drug laws or criminal laws or whatever other laws might be relevant in my situation but I have never even had so much as a speeding ticket and I'm 27 years old and just getting my first ever criminal charge. I never lied to them and I even showed them the only thing I was aware of in the house. I didn't ask for a warrant all I asked for was an ID which they showed and I let them completely disrespect me in my house.
Sorry for the long post but do I even have a snowball chance of beating this case? Would it be wise to simply let them know that I no longer wish to include drugs in anything I do from here on out including helping them out? Does the fact that they man handled my infant daughter and literally jerked her out of my arms contribute to my defense?
I thank you for reading this and hope someone can shed some light on this for me because I find it to be completely ridiculous. I will take my charge willingly and I see no point in holding it over my head.
Also when he wrote the summons he put the wrong street name for my address. Now I was given a misdemeanor summons that says "In response to a subpoena that will be issued in my name to the address I listed above, I promise to appear as specified on that subpoena". Does his incompetence and not knowing his exact whereabouts help me any? Or will the subpoena be mailed to the address that the officer wrote in the blank thus resulting in the issuance of a warrant for my arrest? Luckily, I have never been in trouble with the law but it bothers me to the point of madness that I have no one to turn to when the ones appointed to protect and serve are doing everything but. I also sense that if I don't do as they say that I'll be in for some harassment and imaginary charges.
Thanks again.

Last edited by batonrougevoodoo; 05-03-2006 at 11:12 PM.
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Old 10-31-2006, 02:34 PM   #2 (permalink)
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there is hope

the fact that they got the wrong address helps you. they had no right to come into your home and search. even if you let them search they cannot use evidance that was not yours. if your cousin will say the things were his that would help. i would talk to an attorney about them touching your child, they had no right. you should have called their bluff. you need to tell your attorney about all that happened and the charges may be dropped. make sure you tell him about the fact that they took your child out of your hands and threatened you with taking her. they had no right. good luck.
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Old 11-02-2006, 02:58 PM   #3 (permalink)
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Quote:
Originally Posted by satanschild37
the fact that they got the wrong address helps you. they had no right to come into your home and search. even if you let them search they cannot use evidance that was not yours. if your cousin will say the things were his that would help. i would talk to an attorney about them touching your child, they had no right. you should have called their bluff. you need to tell your attorney about all that happened and the charges may be dropped. make sure you tell him about the fact that they took your child out of your hands and threatened you with taking her. they had no right. good luck.

I am afraid I firmly disagree with you. If the home owner let the police into the house, they DID have a right to be there. And, as far as the handling of the child, it would be the word of a (alleged) drug user/dealer against the police officers at the scene. Flimsy. Very flimsy.
As far as the poster offering reassurance that he wants nothing to do with drugs---rest assured the police hear this from virtually ANYONE that is arrested. Vows of complete sobriety, promises of rehab and treatment, etc. It means nothing. Besides, the police aren't the ones bringing the charges. They just gather evidence.

I am also not sure what you mean by "they cannot use evidence that wasn't yours". The reality is--it was in his home and even in his bedroom drawer. The fact that additional contraband was found in someone else's belongings---it was still in the posters house. Now, had contraband ONLY been found in the other person's belongings, then maybe he could plead ignorance.

The law routinely employs a "reasonable" doctrine. Reasonably, the poster could be responsible for all the contraband found in his home, especially since he has admitted prior knowledge of the other persons drug history, use, and sale of contraband. It could be argued it is reasonable to assume that allowing a known drug dealer/user to live in your home introduces your foreseeable liability by your taciturn acceptance of such activity.

Furthermore, the police don't decide what property belongs to which person in the house. The other person could argue it was the posters contraband and he merely HID it in the other persons belongings.

On all these grounds, I respectfully would disagree with you.
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Old 08-04-2008, 02:14 AM   #4 (permalink)
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They dont have any right to come to your home and search. Even if you let them search they cannot use manifest that was not yours.
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Marvin

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Old 08-04-2008, 05:08 AM   #5 (permalink)
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Originally Posted by marvinchill View Post
They dont have any right to come to your home and search. Even if you let them search they cannot use manifest that was not yours.
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Marvin

First of all, your powers of deduction are worse than your legal prowess, AND your SPAM. This posting was from years ago and you are absolutely legally incorrect---the police DID have cause to be in this mans home. Probable cause abounds. And, how do you expect them to determine what belongs to which person in the house? HE SAID it was in his dresser----that, dear, IS pretty convincing.

Obviously, you didn't even read the posting, you just slapped up an insipid answer with a SPAM link.

GO AWAY.
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