Threatened With Jail Over Refusal to Sign Inventory

[billygruffsr]

Tennessee
We were home invaded two weeks ago.The police showed up and said that the burglars MO was robbing drug dealers.The officer said that either we had a lot of money or a lot of drugs here.We told him no.Then he said that it would be better for us to turn anything we had over to them now,because the detectives were on their way with a search warrant and would find it anyway.So I handed over about 3 grams of marijuana and a pipe that my girlfriend used for RSD pain.He asked if there was anything else in the apartment and I told him no.They asked to search the apartment and I agreed.They searched the rest of the apartment and found nothing else.They wrote citations up for my girlfriend for the marijauna and the pipe along with an inventory list attachment for a consent to search form.I told them that I would sign the form if I could write on it that we handed over the marijauna and the pipe before I signed it and the officer said I couldn't,and that they would just write that I refused to sign.My girlfriend said she would not sign the citations and the officer said she would just take her straight to jail then.

[525601minutes]

what's the question?

[cdwjava]

Did she go to jail for failing to sign the citation?

Regardless of whether you signed the consent for or not, you agreed to the search: "They asked to search the apartment and I agreed." So, they had consent. I suspect they would have mentioned in the report that you turned the dope over to them before the search, but even if they did not state that the effect is the same - you were in possession of the marijuana.

At this point, if you are charged with a crime, you consult an attorney.

[billygruffsr]

Thank you for your reply.There was marijauna in the apartment.But after the fact I found out that the law cannot coerce search and seizure by saying that a search warrant was on the way and that it would be better on us if we turned it over before.There was no warrant produced.The cops lied and violated our 4th amendment right.She signed the citations,but we learned a valuable lesson about who the good guys are.There is a very thin line between cops and criminals.She is 42 and never been in trouble.Hopefully they will fine her $250 and give her 1 year probation.Next time I will just kill anybody that busts into my house,hide any incrimminating evidence and deny the cops entry.Land of the free my ass!

[cdwjava]

Thank you for your reply.There was marijauna in the apartment.But after the fact I found out that the law cannot coerce search and seizure by saying that a search warrant was on the way and that it would be better on us if we turned it over before.

That depends on whether or not the officers agree that was what they said. If they said that they could have detectives come over and they could get a search warrant, or they were coming and they might seek a search warrant, that would not likely be considered coercive. Explaining what CAN happen is not the same as obtaining consent through a ruse.

Next time I will just kill anybody that busts into my house,hide any incrimminating evidence and deny the cops entry.Land of the free my ass!

Well, we know THAT won't happen ... you aren't allowed to just shoot someone and leave the body in your hallway. The police WOULD make entry.

The BEST solution would be to stop using illegal drugs. That would make the entire scenario co away. And, if the bad guys were seeking drugs, it would decrease the chance of said "home invasion" occurring again.

So, hire that attorney, make a motion to suppress the evidence based upon an argument of no free and informed consent, and see where that goes. You might get lucky.

[billygruffsr]

I don't use illegal drugs.My girlfriend used marijuana to alleviate pain.The best solution is to legalize marijauna for responsible use.I now know that we weren't targeted,they were knocking on doors and she just happened to be naive enough to open it without knowing who was there.I allowed the two perps to live.I could have killed them,disposed of the weed,and made the cops produce a warrant.My girlfriend tested positive for THC at her pain relief provider about two months ago and they said that if she did it again,they would deny her lyrica and tramadol.To "help" her they put her on oxycodone,effexor,methocarbamol and zanax.It is amazing to me that it is "legal" to be zoned out on "scripts",when a herb that has been used for 8,000 years,without consequences would do the job safer.She is pleading guilty and getting it over with.Pot is just a money maker for dealers and law enforcement.(THIN LINE).

[cdwjava]

I don't use illegal drugs.My girlfriend used marijuana to alleviate pain.

There are plenty of LEGAL pain relievers out there. In truth, I imagine she smokes it because she enjoys the high from marijuana not that it is the best or only thing she can use for whatever pain ails her.

If she likes the feeling she gets from marijuana, fine - but there are penalties for using it.

The best solution is to legalize marijauna for responsible use.

Or stop waffling and just make it illegal everywhere. Sadly, it is far more likely to be legalized which is just going to make my job that much more difficult.

I now know that we weren't targeted,they were knocking on doors and she just happened to be naive enough to open it without knowing who was there.I allowed the two perps to live.I could have killed them,disposed of the weed,and made the cops produce a warrant.

Yeah ... okay, Rambo.

Pot is just a money maker for dealers and law enforcement.(THIN LINE).

Money maker? How do the cops make money at making a minor pot arrest? Is there a bounty on pot arrests in your state? Do they get a bonus for arresting potheads? Certainly not in mine! They are such a waste of time in CA that many of us actually curse when we come across it! Possession of marijuana charges waste our time, costs us money and resources for an offense punishable by less than some traffic tickets, and possession is the only crime in the state that is automatically purged (destroyed) after two years.

And the "thin line" reference was lost on me, though I suspect it was meant to be a jab at law enforcement somehow.

[edwards.wb]

Sorry to hear about your incident. It is always best practice to require the warrant before allowing a search.

The police are well within their bounds to attempt to convince you to consent to a search as long as they do not misinform you of your rights.

They can assert that they'll get a warrant unless you consent to a search, but it is always better to politely decline and that they're welcome to return with a warrant. While they may request a warrant, without probable cause, they won't get it; if they do, the warrant will specify where they may or may not search and what they're allowed to search for. I doubt, however, that the fact that you were the victim of a burglary which may or may not be related to another in which a drug dealer was robbed would fly past a judge.

Because you waived your rights, there's little chance of recourse. In the future, though, remember that you'll never be worse off for requiring a warrant before allowing a search.