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  1. #1
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default Possession with Intent to Deliver

    I am in Washington state.

    I am being charged with possesion w/ intent to deliver. But the thing is, on that night:

    The police knocked on the door, I answered it. They introduced themselves as policemen. He told me that my Ex had called them from 7-11 store for a domestic violence dispute, and he said that the fight started because I tried stopping him from flushing the drugs down the toliet. I said nothing. Then they said "If you do not tell us where the drugs are, you are going to jail tonight along with your boyfriend." That scared the crap out of me and in return I said "I don't know where the drugs are." (I really didn't.) He told me to go have a seat on the couch, I did. They came in and one of the officers went into the kitchen, and one went into the back bed rooms (After they asked me if there was any weapons in the house, I said no.) the officer that went into the kitchen saw a scale that was sitting out on the cutting board with a razor blade next to it. You cannot see the kitchen from the door, its behind a wall about 6 feet away from the door. When he saw that, he then said again "Where are the drugs? Find them or go to jail." I offered to help look for them, the officer said Okay. I looked in the living room, and he looked in the kitchen more. He then asked me what the drugs were in, I told him a black bag. He then pulled a small duffel bag off the fridge and pulled them out and asked me if that was them, I said yes. He apparently had already saw them before he even asked me what they were in. I walked over to him and aswered more of his questions about the drugs, that my ex had bought them, and where I thought he had got them, he bought them over the internet and since I wasnt sure exactly where he had gotten them I gave him the envelope that my Ex had got them in.. Then they pretty much left.

    Well, 7 months later I find that they placed a warrent for my arrest for these drugs because my ex in jail said I had given him the money to buy them. I did not. I was wondering if you had any advice on them doing an illegal search, or what they should have done before they came in? In the state of Washington they cannot enter a apartment with out a warrent unless they have probable cause. They are saying the scale was in plain view from the door, which it was not. I have no priors, and never want any. I am trying to fight this. I have a lawyer but he's not doing a very good job. They are basing everything on the police saying "Apon entry we saw the scale." they never mentioned anything in the report that I said they could come in, or any consent forms were signed.

    Any answers would help, thanks..

    Michelle aka xith

    P.S - Oh yeah, the reason my ex called the police in the first place is because he took too much of the drug and blacked out, he did a lot of stupid crap that night.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Probable Cause

    The only thing they claim they could see upon entry was a scale? And they aren't claiming any other exception to the warrant requirement (e.g., exigent circumstances)? Is your attorney arguing that the scale, of itself, is a legal item which does not create probable cause of drug use? In a kitchen, for example, it could be used as a diet aid, for measuring food portion sizes.

    Have they stated where they supposedly saw the scale, such that you could take pictures from the doorway and demonstrate that the location can't be seen prior to entry?

  3. #3
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default

    Thats where it gets confusing. All they have is on the report saying that "Apon entry we saw the scale" which i'm guessing they are going after probable cause. But if I was to show the blueprints it would show clearly that they could not have seen the scale from the front door and they had to have came into the house a ways just to see it.

    I allegedly said "We bought the drugs" after they saw the scale. It even says all of that in the police report. But NOTHING on the report about me letting them in or anything.

    This whole case has been confusing, at my first hearing (For bail agreement and what not) the judge was confused on what I was being charged with since on one computer it said Poss. of a Schedual I (Which is waaaay over what the drug really is) and another said Poss. Of a Schedual IV w/ intent to deliver, and enhancement of being 1000ft of a school zone. So he said he had to clear that up quick, which also made my bail lag around for a while so I spent a extra day in jail.

    I am so confused, and I think everyone else is too. --Hope I answered your questions for a helpful reply to my post.

    xith

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Try to get some details

    There's a cliche that "A good lie has details". So far, this sounds like bad lying.

    Is there an opportunity (e.g., a preliminary examination, or even an evidentiary hearing on a suppression motion) where your attorney can get some specifics from the officer, then impeach the testimony with photographs or illustrations of the apartment which demonstrate the officer's claims to be impossible?

  5. #5
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default

    Right now my lawyer said he's going to Interview the police to see what they have to say. The thing is; If there was evidence that I let them into the house, wouldn't they have put it into the report? I was told by a lawyer that has dealt with a lot of drug crimes that the only reason the DA/Prosecuting attorney is trying to get me to take the plea so badly is because they have something to hide, or they know they don't have a case against me if I attack the way they did the search.

    I'm just doing my own little research on the side, my lawyer is taking his time. I wish I could do more. - I looked over the police report and I did not see anything about them being let into the apartment that night. And in Washington they have to provide evidence that I let them in (Like a signed and dated consent form that I signed) I never signed anything, or said they could enter the apartment, it just happened.

    I am so confused on everything. I hope I answered your questions, I know little to nothing about law, or procedures.

    Thanks for your help.

    xith

  6. #6
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default argh.

    I just found out today that the police said in the report that I LET them into the house. God. If so it's only because they said I was going to jail! They said the jail threat before they even knew I had known about the drug.

    I hate police.

    Any input on this? I mean, I was scared out of my mind about going to jail. Isn't there a law against that, or that can dismiss my entire statement because I was afraid of going to jail?

    Thanks in advanced.

    xith

  7. #7
    Join Date
    Sep 2004
    Posts
    758

    Default Consent Must Be Voluntary

    If the consent to search was coerced, your attorney may be able to argue that the consent wasn't valid.

  8. #8
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default !!!!

    I am so excited, I had to share the news!

    So my lawyer calls the Evidence people, asking to see the evidence on my case. Responce of the Evidence Room official: "Uhm... I can't find it. It's been destroyed."

    !!!!!!!!!!!!!!

    They may have to drop the entire case against me!

    Woot!

    Bahaha,

    xith

  9. #9
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default welp..

    I plead guilty to a poss. of a scale which the judge concluded was used to weigh out the drugs.

    I got a 610$ fine, and 12 months bench probation. So much better then 36 months in state prison..

    I'm going back home tonight!

    Advice to all of those people out there being charged: GET A GOOD LAWYER!! It's worth it!

    xith

  10. #10
    Join Date
    May 2005
    Posts
    21

    Default

    Or how about not doing drugs or dating those who do? Silly me, for thinking this.

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