I gave permission to search? lying cops

[scootertramp]

What is the name of your state?What is the name of your state?california

A friend was followed onto my 2.5 acre residence into the rear of property. for a traffic stop. While on my private property they started searching around and found a generator nowhere near where they stopped the guy and assomed it to be stolen. they arested me for receiving stolen property and took it. at my arraignment i was released without seeing the judge my friend brought the receipt i had for it, 5 weeks later a warrant was issued and i was again arrested for the same thing , claiming i had changed my story a few times. i had got it from some guys hand written receipt. I have an attourney and we are going to motion to exclude evidence as they had no warrant and to search but now he says that the 2 cops are gonna say i gave permission and its my word against theres . how can they get away with that, shouldnt they have proof of permission? nov. 16th i return with this motion and prelim.

 

[trustknow1]

You might want to read the laws pertaining to "plain site" relating to search and seizure by law enforcement.

What about the officers reason for being there in the first place as it relates to you? How reasonable is it to believe a person would consent to a search of his property request from any law enforcement that just randomly appears at your door with no justifiable reason? Not anybody I know. That is basically what happened in your case.

A good attorney should make this go away. Maybe you have an attorney problem as well.

good luck

 

[BelizeBreeze]

What is the name of your state?What is the name of your state?california

A friend was followed onto my 2.5 acre residence into the rear of property. for a traffic stop. While on my private property they started searching around and found a generator nowhere near where they stopped the guy and assomed it to be stolen. they arested me for receiving stolen property and took it. at my arraignment i was released without seeing the judge my friend brought the receipt i had for it, 5 weeks later a warrant was issued and i was again arrested for the same thing , claiming i had changed my story a few times. i had got it from some guys hand written receipt. I have an attourney and we are going to motion to exclude evidence as they had no warrant and to search but now he says that the 2 cops are gonna say i gave permission and its my word against theres . how can they get away with that, shouldnt they have proof of permission? nov. 16th i return with this motion and prelim.

Now, what about the REAL story?

 

[CdwJava]

Now, what about the REAL story?

Yep ... there has to be more to this. They didn't just follow a guy in for a traffic stop and decide to start poking around the acreage. And SOMETHING led them to believe that the generator was stolen. It's not like they are uncommon - especially in the country.

- Carl

 

[scootertramp]

The guy was speeding down the street with no plates on the motorcycle and passed the cop who turned around and followed him onto the property. Then another cop car shows up. your right, why would th other car show up. I live in lancaster and there are not very many houses in my area. The attorney even had the d.a. come out o the property to see it. it was a big generator on a trailor that a construction yard would use. but it wasnt in plain view from where thet apprehended the guy on the bike. He said the d.a. came as a favor to him. when we were in court the DA suppossedly said to my lawyer that he was trying to convince the cops to drop it but they said they would say we gave permission to search and it would be our word against theirs. now we go with the motion on the 16th. of nov. to ask for exclusion of eviedence. shouldnt there be a signed document that we gave permission, why didnt the police report say we gave permission? now they want to say we did. our lawyer is top in his field in our city, if there is an informant that said we bought a stolen item from someone which is what really brought them to the property and used the traffic stop to obtain access to back of property how would we know?

 

[CdwJava]

The second officer showed up to cover the first officer ... we tend to do that.

It sounds like you'll have to resolve the matter on Nov. 16th.

- Carl