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Police Searched My House for One Thing and Are Charging Me with Another

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  • 10-12-2009, 12:54 AM
    rob
    Police Searched My House for One Thing and Are Charging Me with Another
    My question involves search and seizure law in the State of: Delaware

    Ok so heres the deal:
    About a month ago, my roomate and his friend break into this convenience store and steal a bunch of random stuff out of it. I had no knowledge of this happening at the time, and I was at work while this was happening. When I get home from work, theres a bunch of cop cars out at the convenience store (which is on my block) but I didn't think anything of it. I heard that night from my buddies up the street that the place had been robbed. I was suspisious of my room mate and his friend and confronted them about it. They swore they had nothing to do with it, and I believed them. The next day while I'm at work I get a text from my neighbors saying "your house is being raided." they didnt know why though. I was frantic at work, I had no idea why the police were there. When I finally got off work (around 9 pm) I drive home and theres still 3 cop cars out side my apartment so I kept on going. I waited ten minutes, went back, and they were still there. So I stayed the night at a friends house. I called my roomate up and BUG OUT on him. He admits to me that him and his friend did the robbery. So they went forward the next day and confessed to it all. The cops didnt press any charges for a whole month. The police now know that I had no involvment in the burglary. But now they are trying to charge me with possession of marijuana (prolly around 1/2 oz in a cigar box) and drug paraphenilia (scale in my dresser) So anyway, the warrant to search the place was only for MY ROOM. some one told them that it was me and somehow they got a warrant to search my room. A friend told me that the search warrant could be thrown out and all evidence not related to the burglary would be too. I know that they didn't get a warrant from video footage or anything. Im pretty sure there was a informant who falsified information. I haven't seen the warrant yet or talked to the police either. Basically I want to know a) can I fight this thing? and b) how can I find out who lied to the police trying to get me into trouble? Would their name be on the search warrant? Thanks so much guys!
  • 10-12-2009, 04:32 AM
    THEAMAZINGCHAN
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Prolly ?????!!! what do you think this is a phone text board?

    with that being said ..you prolly need a lawyer!
  • 10-12-2009, 04:35 AM
    LawResearcherMissy
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Quote:

    A friend told me that the search warrant could be thrown out and all evidence not related to the burglary would be too.
    Your friend is incorrect.

    If the police have a warrant to search your house for Item X, and in the process of this lawful search, turn up your stash, they are expected to make note of your possession of contraband, and act appropriately - this would include charging you for possession of said contraband.

    I don't know where people get the idea that the police can only seize and charge for items listed on the search warrant, and are required to ignore all other contraband. It's incorrect.

    Quote:

    Basically I want to know a) can I fight this thing? and b) how can I find out who lied to the police trying to get me into trouble? Would their name be on the search warrant?
    a) You can try, but on what grounds? "It wasn't on the search warrant" isn't going to hold any water.

    b) I would expect the name of the informant is Anonymous Source.
  • 10-12-2009, 07:23 AM
    BOR
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Quote:

    Quoting rob
    View Post
    So anyway, the warrant to search the place was only for MY ROOM. some one told them that it was me and somehow they got a warrant to search my room. A friend told me that the search warrant could be thrown out and all evidence not related to the burglary would be too. I know that they didn't get a warrant from video footage or anything. Im pretty sure there was a informant who falsified information. I haven't seen the warrant yet or talked to the police either. Basically I want to know a) can I fight this thing? and b) how can I find out who lied to the police trying to get me into trouble? Would their name be on the search warrant? Thanks so much guys!


    If a CI, confidential informant, was the source that an affidavit was filed under, by and through the govt., the name won't be released except in the rarest of cases.

    If your friends were the source, this may or may not be included, an attorney needs to review the facts, either before your court date or after you plead not guilty, if that is your intent.

    Suppression of evidence from a SW is not the easiest thing to do, as an independent magistrate has already reviewed the probable cause, per the 4th AM.
  • 10-12-2009, 09:25 AM
    THEAMAZINGCHAN
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Quote:

    Quoting LawResearcherMissy
    View Post

    Your friend is incorrect.

    b) I would expect the name of the informant is Anonymous Source.


    seems everyone has the same friend giving dreamily legal advice hu :D

    Anonymous Source is a popular informant. Anonymous Source gets lots of people busted.Anonymous Source is a policeman's friend
  • 10-12-2009, 09:53 AM
    cdwjava
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Quote:

    Quoting THEAMAZINGCHAN
    View Post
    seems everyone has the same friend giving dreamily legal advice hu :D

    Anonymous Source is a popular informant. Anonymous Source gets lots of people busted.Anonymous Source is a policeman's friend

    And an anonymous source is legally useless.

    We can't get a search warrant from an anonymous source. They serve only to give some possible direction to an investigation, but they provide no real legal assistance in an investigation.

    - Carl
  • 10-15-2009, 05:29 AM
    THEAMAZINGCHAN
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    carl do you still use wildcatting?
  • 10-15-2009, 11:59 AM
    cdwjava
    Re: Police Searched My House for One Thing and Are Charging Me with Another
    Quote:

    Quoting THEAMAZINGCHAN
    View Post
    carl do you still use wildcatting?

    Never heard of that.

    - Carl
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