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.