My question involves criminal law for the state of: New York
My friends house that he shares with two other roommates was raided by police about a month ago. Since then he's noticed that most of the stuff confiscated including money, a pda, and console games were not submitted into evidence. He's scheduled for this trial next week, and is set to plea down to a misdemenor from an original Class E Felony charge for posession of Marijuanna, posession of over 8 ounces. Here are the facts from the day of his arrest and the actual arraignment hearing.
1) The officers claim they were able to see that illegal activited (the use of Marijuanna) was visible through the window from the sidewalk, and said this to the Judge at the arraignment. However there is no way at all that this is possible since the front windows of the house are completely blocked by a big bush/tree.
2) The officers entered the premesis, arrested him, his two roommates and a friend without an arrest warrant and without reading him his miranda rights. (Throughout the whole ordeal he or his friends were never read their rights).
3) The officers entered the premesis without displaying badges, and immediately began to conduct a search and siezure of the house without a warrant, and proceeded to hold them in the back of a blacked out van with no windows or seatbelts, driving them around for four hours while they got a warrant for the illegal search and siezure they had just carried out.
4) At the home, the officers illegally confiscated non-drug related items such as video games, a PDA, and personal cash that was held in a lock box (which they smashed open) containing his credit cards and legal documents for safe keeping due to the high volume of traffic at the house due to the fact that his two roommates always had people in and out of the house. Additionally the officers confiscated Marijuanna items such as bongs and bowls, but only declared one of each to evidence although multiple of each were confiscated. Over $600 was also taken and not reported to evidence out of a little over $1100 total. Moreover the officers also stole a legally prescribed bottle of Adderall that my friend uses to treat his ADD/ADHD (i forget which one he has).
5) After conducting their illegal search and seizure the officers one found an ounce and a half of marijuanna, as well as a half grown plant that was not remotely close to harvestable. This marijuanna was intended to be split between him and his two roommates in order to save money by purchasing in bulk. The officers initially charged him with posession of 8 ounces.
6) At the hearing, the officers stated that my friend had said that he has Ketamine (which is untrue), and that his friend had stated he lived in the house for three months, although he was only staying overnight due to a fight with his gf the night before. (Regardless these statements would still be inadmissible due to the lack of being Mirandized.)
7) After the hearing and most recently, the officers had his girlfriend's car on a watch list, and after noticing a badge in her car window, proceeded to call the car owner (her father), and revealed to him over the phone the full extent of the case, as well as my friend's prior record, which amounted to speeding tickets and one disorderly conduct charge from being drunk at a party while he was underage.
At this point he's contemplating pursuing Civil charges against the officers and the precinct. His lawyer for his criminal case, has already stated that this is open and shut, but he is not willing to represent for civil charges. Any advice would be greatly appreciated. My friend and his roommates are good students with excellent grades and no serious priors (except for that one disorderly conduct and speeding tickets) who simply enjoy unwinding after school and work with a little bit of Marijuanna.