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  1. #1
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    Apr 2009
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    Default Illegal Search and Seizure

    I do not know if this is the right place to post this but I believe it to be close.

    I do a lot of business scouring Craigslist for deals that I may be able to turn-around and sell for profit. I have collected a few things over a year and a half period. A week ago I was arrested for a charge, I was sat into a room where a detective came in and talked to me. He explained to me that there have been numerous thefts in the area and if I had any information about a duffle bag full of electronics in my closet. Obviously, he was trying to get me to admit that I had the things and have me admit that I stole them. I stated that I needed to speak to my lawyer. He then left the room. When I was down in my holding cell he came down before they were going to take me for my overnight stay in Jail and told me "Don't be surprised if there are things missing from your apartment". He then grabbed a business card with his information on it and then sat it on my wallet sitting on a chair just outside the room. Also, as he was walking away he said "You seem like you have your head on your shoulder's, don't worry you will be fine". Whatever that meant... So, I didn't even realize it until I was released but they searched & seized my apartment without me knowing. When they came to my apartment and arrested me for the offense I did not let them in the house. They had no reason to be in the house. When I buy things on Craigslist I stick to e-mail as to hide my personal information and once a transaction is completed I delete the e-mails. Why keep them? I its done and over with. Anyways, when I was released from the Jail I noticed that they had taken exactly every single thing that I had bought on Craigslist including my most recent purchase, a Laptop, that was not going to be for sale. I used the Laptop for listing ads on eBay. Later that same night when I was on my personal e-mail for the eBay account I received an e-mail that was a request to find/change my password. The IP address that I was given listed to the County's internet service provider which means that someone was on the Laptop trying to get my password for eBay. Is that legal? Based on this information, what I am going to be charged with? My most logical guess is receiving stolen property or even concealing stolen property. I did not steal anything and there is no proof to say I did.

    Any input on this is greatly appreciated as my stomach is churning right now and I have not eaten since Saturday. I do not want to go to Jail for buying things off Craigslist. I don't even have any information on the sellers! That is not going to look good I don't think. .

  2. #2
    Join Date
    Apr 2009
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    3

    Default Re: Illegal Search and Seizure

    What email provider do you use?

  3. #3
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    Apr 2009
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    20

    Default Re: Illegal Search and Seizure

    Quote Quoting comtngl
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    What email provider do you use?
    I use Gmail

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Illegal Search and Seizure

    you have left out so much info as well as you may not have access to all the info the police have. As such, it is really impossible to tell you much.

    If the police had enough evidence to convince a judge a search warrant was justified, then the search was legit. If they didn't, then the search would most likely not be legal.


    to arrest you, they must have probable cause (if immediate) or a warrant. In this type of situation, a warrant would most likely be the situation. To get a warrant, they have to present evidence to a court so they will issue one.

    You, basically, have told us nothing about your situation.

  5. #5
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    Apr 2009
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    Default Re: Illegal Search and Seizure

    Quote Quoting jk
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    you have left out so much info as well as you may not have access to all the info the police have. As such, it is really impossible to tell you much.

    If the police had enough evidence to convince a judge a search warrant was justified, then the search was legit. If they didn't, then the search would most likely not be legal.


    to arrest you, they must have probable cause (if immediate) or a warrant. In this type of situation, a warrant would most likely be the situation. To get a warrant, they have to present evidence to a court so they will issue one.

    You, basically, have told us nothing about your situation.
    I will try to Cliffnote it.

    - Police come to arrest me on separate charge that has nothing to do with the seizure.

    - Police were not let into the house upon arrest.

    - While I was at the station, apparently officers were at my apartment seizing property. I spoke to a detective who accused me of stealing the things that were seized (IE: the things I bought on Craigslist).

    - After talking to him once and stating that I wanted to speak to a lawyer because of his accusation, he left. Later on that evening he came down to my holding cell and simply said

    "I'm just here to let you know you know, don't be surprised if there are things missing from your apartment." Then he proceeded to place his business card into my wallet.

    [This lead me to believe someone told police that I stole these things. The only person on the planet that knows that I buy and sell from Craigslist is my girlfriend. Since the charge had to deal with her I wouldn't doubt out of anger she was the one that accused me of it.]

    He then stated; "You seem like you have your head on your shoulders, you will be just fine" then proceeded to walk away.

    - I was then taken the county Jail.

    There should have been no reason that they entered my residence and seized property of any kind.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Illegal Search and Seizure

    it would appear they had to have a search warrant to be able to legally search your house. If they didn't, the the evidence is arguably not admissable. If they did have a warrant, there has to be supporting testimony that supports probable cause of a crime.


    so, have you seen the search warrant? Is there one?



    Whoa! time out. Just re-read your posts.

    where does your girlfriend live?

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Illegal Search and Seizure

    When you obtain legal counsel, the attorney will be able to look at the report and any and all evidence. At that point you will have a better idea of the situation you are in. As was previously stated, if they made entry based upon a warrant, they're golden ... if not based upon a warrant, then there could be trouble absent a good exception to the warrant requirement.

    Consult local counsel.

    Oh, and it is because of the numerous shady dealers that I avoid Craigslist and eBay and advise everyone else of the same thing. I know far too many that have been ripped off on those sites. Not a week goes by that we do not get a report of some sort of scam or theft from one of those sites ... I suspect the fraud is vastly under-reported nation wide.

    - Carl

  8. #8
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    Apr 2009
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    Default Re: Illegal Search and Seizure

    Quote Quoting jk
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    it would appear they had to have a search warrant to be able to legally search your house. If they didn't, the the evidence is arguably not admissable. If they did have a warrant, there has to be supporting testimony that supports probable cause of a crime.


    so, have you seen the search warrant? Is there one?



    Whoa! time out. Just re-read your posts.

    where does your girlfriend live?
    I was shown absolutely nothing in regards to a search warrant. I wasn't "surprised" when he even told me.

    My girlfriend lives with her parents about a mile away.

    Quote Quoting cdwjava
    View Post
    When you obtain legal counsel, the attorney will be able to look at the report and any and all evidence. At that point you will have a better idea of the situation you are in. As was previously stated, if they made entry based upon a warrant, they're golden ... if not based upon a warrant, then there could be trouble absent a good exception to the warrant requirement.

    Consult local counsel.

    Oh, and it is because of the numerous shady dealers that I avoid Craigslist and eBay and advise everyone else of the same thing. I know far too many that have been ripped off on those sites. Not a week goes by that we do not get a report of some sort of scam or theft from one of those sites ... I suspect the fraud is vastly under-reported nation wide.

    - Carl
    Thank you for your response, but I guess I am a little confused. If they seized the property and already accused me of "stealing" it why wouldn't they have a charge for it already? As of now there are no charges against me regarding anything with the items they seized.

    I am scared to death about this. I don't want to serve Jail time! My record is completely clean! I have never had any trouble with law enforcement other than a couple traffic tickets.

    Here is something else:

    Upon the items siezed, one was a laptop which was my most recent purchase. When I got out of Jail the next day I was on my e-mail account associated with eBay and got an e-mail notification from eBay stating that someone was trying to either find out what my password was or they were attempting to change it. Being computer savvy, I took the IP address and traced it back to the County's internet service provider AKA the arresting agencies internet service provider.

    Now is this legal? I bought this laptop not to resell it but to use it as a business tool. The only logical explanation I can come up with is that my eBay page was up when they siezed the laptop. Then, they tried changing my account settings and password so that I could not access my account.

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Illegal Search and Seizure

    Quote Quoting NiN
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    Thank you for your response, but I guess I am a little confused. If they seized the property and already accused me of "stealing" it why wouldn't they have a charge for it already? As of now there are no charges against me regarding anything with the items they seized.
    That just means they are still investigating.

    What offenses HAVE you been charged with?

    I am scared to death about this. I don't want to serve Jail time! My record is completely clean! I have never had any trouble with law enforcement other than a couple traffic tickets.
    If you are involved in some shady dealings, you can expect that one day it might catch up to you. Maybe you are not involved with some shady dealings, but a lot of people who act as you do are involved in some pretty unusual - and often, illegal - stuff. Both eBay and Craigslist are notorious sites for the re-sale of stolen property. There are entire networks in place for the purpose of "laundering" property between users two or three times such that the connections to individuals and the property get muddled quickly, even with the cooperation of those companies in trying to ferret out the rats.

    - Carl

    Quote Quoting NiN
    View Post
    Upon the items siezed, one was a laptop which was my most recent purchase. When I got out of Jail the next day I was on my e-mail account associated with eBay and got an e-mail notification from eBay stating that someone was trying to either find out what my password was or they were attempting to change it. Being computer savvy, I took the IP address and traced it back to the County's internet service provider AKA the arresting agencies internet service provider.

    Now is this legal? I bought this laptop not to resell it but to use it as a business tool. The only logical explanation I can come up with is that my eBay page was up when they siezed the laptop. Then, they tried changing my account settings and password so that I could not access my account.
    A lot of supposition, but no facts. Depending on the laws in your state (which I don't recall seeing) they may or may not have a right to access that information if the system is up ... doubtful, but there might be a loophole. If they don't have a warrant, then they are not likely to be allowed access to any sites or to search the contents of the computer, either.

    - Carl

  10. #10
    Join Date
    Apr 2009
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    20

    Default Re: Illegal Search and Seizure

    Quote Quoting cdwjava
    View Post
    That just means they are still investigating.

    What offenses HAVE you been charged with?


    If you are involved in some shady dealings, you can expect that one day it might catch up to you. Maybe you are not involved with some shady dealings, but a lot of people who act as you do are involved in some pretty unusual - and often, illegal - stuff. Both eBay and Craigslist are notorious sites for the re-sale of stolen property. There are entire networks in place for the purpose of "laundering" property between users two or three times such that the connections to individuals and the property get muddled quickly, even with the cooperation of those companies in trying to ferret out the rats.

    - Carl
    Again, thank you Carl. Being a member of a PD I am very glad that you are conversing with me. I understand that Craigslist and eBay may contain shady deals. The charges that I received are Battery (Class (A) Misd) and Disorderly conduct (Class (B) Misd). This is the reason I stated that my girlfriend may have told police I "stole" these items out of anger, knowing my side-business of finding deals and trying to profit from them.

    I am completely willing to pay fines for these...but the Jail time, my freedom, is what is causing me pain right now. Especially since I do not know what is going on in the background.

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