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  1. #1
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    Default Cop Stated "I Believe " in the Entire Police Report

    California. My police report states "I believe these drugs are mr john doe's" and also states "I seen both men moving around in the car and it appears that the passenger is either hiding drugs under his seat or hiding a weapon" This was prior to the traffic stop with the officers behind us. How do these statements make it in court and will they?

  2. #2
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    Default Re: Cop Stated "I Believe " in the Entire Police Report

    Quote Quoting fochoa81
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    California. My police report states "I believe these drugs are mr john doe's" and also states "I seen both men moving around in the car and it appears that the passenger is either hiding drugs under his seat or hiding a weapon" This was prior to the traffic stop with the officers behind us. How do these statements make it in court and will they?

    Such in and of itself is not grounds to stop you, but you seem to indicate it was a valid traffic stop otherwise.

    If a search was conducted on that basis, such movements or "furtive gestures", of course the statements are admissable, and would have to be to back up any evidence found.

  3. #3
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    Default Re: Cop Stated "I Believe " in the Entire Police Report

    Well i tried not to go in to too much detail because it's a long story.
    But, here it goes. They were supposedly conducting an investigation of ongoing sales of Meth on that day only. They pulled my friend over as i was sitting passenger. They pulled my friend over due to a hit/warrant on the owner of the automobile. They searched the car found meth, scale, etc., and they found paraphanelia too. The owner of the auto gets charged for the paraphenalia and i get 10 felonies for sales, transport, gang enhancements, street terrorism, just because they say i am from a gang and i promise you i am not.

    At the police station I continued to ask for a phone call to contact my lawyer before questions or any searches of my person. Well that request was ignored and the police department went ahead and got a search warrant for my residence without letting me contact my lawyer. And the police got the warrant based on a open/pending case in another county. Am I not innocent until proven guilty, well the ouy of county pending case is now dissmissed.

  4. #4
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    Default Re: Cop Stated "I Believe " in the Entire Police Report

    First off, the police report is not evidence. The officer's testimony on the stand will be what makes it to court, not the report. The report can be used to challenge a statement or reinforce it, but by itself, the report is not evidence.

    Quote Quoting fochoa81
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    They pulled my friend over due to a hit/warrant on the owner of the automobile.
    That could be reasonable suspicion to detain. Courts are split on whether a match on the registered owner is good cause or not.

    They searched the car found meth, scale, etc., and they found paraphanelia too.
    Bad luck for you.

    The owner of the auto gets charged for the paraphenalia and i get 10 felonies for sales, transport, gang enhancements, street terrorism, just because they say i am from a gang and i promise you i am not.
    Then I imagine they will not be able to prove that. Uh ... your FRIENDS don't happen to be associates of any gang, would they? The people that provided you with the drugs and paraphernalia are not associated with a gang, are they?

    If you hang with gangsters you will get painted as a member or associate.

    At the police station I continued to ask for a phone call to contact my lawyer before questions or any searches of my person. Well that request was ignored and the police department went ahead and got a search warrant for my residence without letting me contact my lawyer.
    They don't need to let you speak with an attorney before they get a search warrant. It's very likely they did not want you to dime off pals to go hide the dope.

    And the police got the warrant based on a open/pending case in another county. Am I not innocent until proven guilty, well the ouy of county pending case is now dissmissed.
    It can still be used to help contribute to the probable cause. And, who knows, perhaps they dropped their case because this new case is much stronger. There can be any reason they dropped the other case ... witnesses chickened out, a weak case, waiting for more evidence, etc.

    Consult local counsel ASAP.

    - Carl

  5. #5
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    Default Re: Cop Stated "I Believe " in the Entire Police Report

    They conducted the search yet no drugs or firearms were found. The affidavit says:

    1) was used as the means of committing a felony.
    2) is possessed by a person with the intent to use it as a means of committing a public offense or is possessed by another to whom she or he may have delivered it for the purpose of concealing it or preventing its discovery.
    3) tends to show that a felony has been committed or that a particular person has committed a felony.

    If nothing is found then how can they prove i have committed a felony?

  6. #6
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    Default Re: Cop Stated "I Believe " in the Entire Police Report

    The affidavit is their contention of the facts as they believe them to be. if they found nothing, what's your beef? You got away with it for now.

    Yes, they have a right to seek a search warrant. If you feel they intentionally lied and made up stuff on the affidavit you can hire an attorney and attempt to sue them. Not likely to prevail, but if you have the money go right ahead.

    - Carl

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