..
if the arrest u in the hallway, then question you as to where the other packages u have received in the last few days are at and u say inside and they as if they can see them and you say yes while handcuffed and NOT having my Miranda rights read to me, can that "consent" be used in court?
in response to the "SWORD OF DAMOCLES" remark.
i've vomitted on a daily basis since this event. i have an anxiety disorder and to tell the truth, i'm a miserable wreck now. Impending doom is a constant feeling when i'm awake. the only peace i get is when i'm alseep, and i've had MAYBE 8 hours of sleep in the last 7 days. the cops have infact succeeded in making me miserable and have NOT in fact made ANYONE safer by doing what they did to me. i also found out that psilocybin (and its production) carry a heavier penalty than meth/heroin and meth/heroin production******************************************.. ( seriously what the ****!!???!!!?? ).
here's a detailed list story of the events i've typed out to keep as records in case this situation doesnt get decided for weeks (or months to years). i'll only post up until they enter my house and search as this is the part of the story where i believe they violated my constitutional rights based on "exigence of their own making" and lack of diligence (aka lack of emergency/exigency). here's also a list of evidence they took.
jars of fungus ( possibly containing psilocybin , i'm not sure as the spores i used were unlabeled)
2 small blue-stained mushrooms (high chance they are psilocybin however i'm not sure because i received them in the mail from a guy who was tarding me spores)
a small plastic container used to grow mushrooms (no illegal mushrooms were ever grown in this container).
a small glass pipe with a small amount of marijuana in it.
here's the story
DECEMBER 12th 2005
Aprox. 3:30pm
There is a knock at my door. I am in the bathroom , and hear a second loud pounding on my door. Seconds later there is a third loud
pounding and the words "Sheriff's Department" are said by the person(s) at the door. I exit my bathroom slamming the
bathroom cabinet shut. I walk to the front door and look through the peephole to see 2 officers. I walk back to my father's room. My father stirs on the couch, as he was sleeping but awakens, I say "Cops are at the door". My father gets up from the couch. I then hear the words "We know you're in there open up now!!".
I walk into my room where the front door is located and i hear "Come in here now" as i turn the corner, and to my surprise my unlocked door has been opened by the police and they have their weapons
drawn and aim at me. They order me to put my hands above my head and slowly approach them. I cooperate and once I get to my door an officer grabs me
pulls me into the hall, orders me to the ground face first and handcuffs me. I am under arrest whether they said those words or not.
(Those words being "You are under arrest" which they didnt say, but being dragged from my apartment at gun point and handcuffed face down on the floor is
being arrested as any "competent" and "non-corrupt" law enforcement officer would agree) They then order my father into the hall also and handcuff him at gunpoint.
We are both under arrest by every meaning of the term.
Aprox. 3:35 - 3:45pm
They sit us both up after frisking us on the floor. The officer who frisked me patted down my front pants pockets, but he however just reached into my back pockets and removed
my keys and wallet. They then sat us up against the wall of the hall. One officer then states "You two forgot to lock your door, we've been doing this a long time, we noticed you at the peephole".
The one of the officers asked "which one of you ran from the cops in Nebraska?", then looks to me and says "It was you wasnt it?". First of all this was a charge brought up against my father which was later thrown out.
He wasnt convicted , this gives them NO right to use that as reason to believe a crime had been committed. This also showed they had looked into us already, showing they had plenty of time to obtain a warrant,
which ultimately makes their EXCUSE of exigent circumstances crumble to utter sun-dried bull****. The officer that seemed in charge then showed me two packages that had been addressed to my house.
They obtained the UN-OPENED package without a warrant. The opened package which they claimed had came open at the post office (which i know isnt true as i saw it delivered to my apartment's main lobby) contained a syringe
of LEGAL fungal spores and water. He then asked me if it was ricin or perhaps anthrax**************.. come the f@*k on. If they believed it to be either of those, would he walk around with it freely, and bring it into a building
in which many elderly people lived? Also would he have even carried it on his person? The average "competent" person wouldn't had touched it without a full biohazard suit, and if the post office thought it was a
biological weapon, they would have contacted federal authorities not the redneck Pulaski County Sheriff's Department. At this point in time, I was under arrest, so I answered all their questions honestly. They asked if i had more
of the syringes in my apartment. I told them yes. This in no way gives them permission to enter my home, and since the arrest itself was illegal anything I said isnt admisable in court. (Well in Pulaski it is because the cops make
their own rules, and ignore all constitutional rights of their suspects) The head officer then said "As long as they arent "magic mushroom" spores then we wont have a problem. (Magic mushroom spores are LEGAL to obtain and possess in Missouri)
He then asked what kind of mushroom spores where in the syringe he held. I told him Agaricus. At the time I honestly didnt know, because I didnt know which package they had which was opened. (If mail is turned over to Law enforcement officials they must obtain a warrant
to search or inspect the contents correct?) He asked if he could see the other syringes i had received in the past. I said "Yes, I can show them to you". They then uncuffed me and my father and lead us back into my apartment. I NEVER said they could come inside,
I stated that I would show them my other LEGAL syringes, I had meant I would get them and show them to him, however I was under arrest and felt that I had no choice but to comply. While I was inside my apartment at this point, I felt that I was being detained
and did NOT have the right to leave or ask them to leave. There was an officer standing next to my bed which is right in front of my back sliding glass door, and an officer standing in my front doorway. I hadnt been read my rights at this point either, but I
had been questioned many times by two officers.
also they questioned me with incriminating questions BEFORE and after they read me my rights. (look up Missouri v. Seibert [ happened in 2004]) it states police cant use the tactic of question a person in custody without reading Miranda rights in an attempt to get an admission of guilt or confession then requestion you again after reading you your rights, and they DID question me again after reading my rights!! (they asked if i had ever grown psilo mushrooms before and i answered "yes i attempted before but failed", then after reading my rights they asked me various questions on how i attempted to grow them and various questions about mushroom cultivation in general )
please any helpful advice is GREATLY appreciated.
