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  1. #1

    Default Unlawful Detainment

    My question involves criminal law for the state of: Missouri

    My husband believes he may have been unlawfully detained before being arrested. He was on parole at the time, it has since been revoked, and I'm not sure he was, since conditions of probation and parole include agreeing to submit to the requests of law enforcement. Which he didn't. He got pulled over for not signalling, and refused a search of the vehicle. I should mention that a search of the vehicle, with dogs, turned up 100 valium that he as not prescribed. I was unaware of this and kind of think that he has no chance in getting out of this. He had them, he got caught, he's on parole, the best he can hope for, IMO, is a plea bargain. They already dropped the charges from class A to class C.

    He is asking me to help him find a case that he believes is similar to his and the gentleman in that case won. The information he has been able to provide for me has been insufficient and sketchy. His cellmate worked in a legal library during one of his many stints in prison and therefore believes he's an expert. Which is why I am trying to find information first before asking our lawyer. I'm not sure he has been given good information, just has his hopes up and I'm not willing to make a fool of myself in front of our lawyer. I prefer to trust the actual expert.

    How do I find "control cases"? He thinks the name in this case is Bennings. or something similar. They are also telling me to do a search on the phrase...Am I free to leave? You can imagine how many results these two things turn up.

  2. #2
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    1,211

    Default Re: Unlawful Detainment

    Quote Quoting concernedcitizen55
    View Post
    My question involves criminal law for the state of: Missouri

    He was on parole at the time
    That pretty much sums it up. Though I don't have any information on his exact parole conditions, it's pretty standard for parolees being required to submit to searches as a condition of their release from jail.

    I don't know what case it is you're looking for, but no, he wasn't free to leave. Even if he hadn't been on parole, he wouldn't have been free to leave because he was stopped for breaking a law in the presence of a police officer. The officer had every right to stop him.

    Of course, I don't know how the search came about. Did they run his information and learn he was on parole? Did he tell them straight away?

  3. #3
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Unlawful Detainment

    547 U.S. 843; 126 S.Ct. 2193 (2006)(june'06). The court held that a state law that requires parolees to submit to warrantless, suspicionless searches by law enforcement officers at any time does not violate the fourth amendment. The court emphasized that parolees are akin to prisoners in many important respects, and it says that their considerably diminished expectation of privacy against searches without cause does not outweigh the public's strong interest in supervising parolees.

    He agreed to these terms before he was released and failure to abid by them is a clean violation.

  4. #4

    Default Re: Unlawful Detainment

    That's what I keep telling him! That he signed papers agreeing to submit to the requests of law enforement. Needless to say I'm pretty mad at him. He had 11 months left on parole and, as far as I know, 4 years clean on the street, plus 2 in prison, and this was a major screw up. We've been together 4 years and will be married three in a few months.

    What happened was they were about to write the ticket and let him go, when the truck he'd bought nearly a year before at an auction came up stolen. All the paperwork and information on the delay of title etc. was saying that the truck was sold while in probate and shouldn't have been, but the seller was working to resolve the issue within the family. He wasn't charged with that, it wouldnt be the first time a vehicle had been sold hot at auction. The cops knew he was on parole, we live in a small town, and he's pretty well known for more reasons than his record. His whole family is in the car business, including him.

    Also, the same officer had been at our rental property three times in the space of about ten days on supposed calls of noxious fumes, oh maybe two or three weeks beforehand, maybe a month.

    We were remodeling and my stepson had been spray painting some trim in the garage, this is a basement suite I'm talking about, and three times they went through the place, saw that it was being remodeled, was all but empty and still claimed it smelled like marijuana and methamphetmine. My husband and I not only allowed, but asked them to look anywhere and everywhere and nothing was found, nothing was there to find. It only smelled like spray paint and tile glue. I helped with the remodel so I know how bad it smelled. I can't blame the neighbors for calling. We even asked everyone to come down and see for themselves that nothing was going on.

    As far as I know his UA only turned up benzodiazipines and alcohol, our lawyer hasn't said any different and he would have I'm sure. I think his prior reputation combined with the fumes calls helped get him stopped. But like I tell him, if he hadn't been doing anything wrong he wouldn't be where he is. And frankly, I'm a little glad, having valiums can only have been a first step in a path I would not have wanted to follow him on. That said, he is my husband, and I want to help him in any way I can. I think he would probably benefit more from some intensive rehab as he was obviously falling off the wagon, but I can't see where he isn't going to do time.

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