Illegal Entry,Search and Seizure,Invasion of Privacy

[shawnintennesse]

What is the name of your state? Tennessee but falls under Federal law as well.
Hi i'll try to make a long story short.
I live in Murfreesboro,Tennessee 30 miles south east of Nashville.

On January 22,2005 12:30 am Murfreesboro police came to my door for a noise violation.
At that time the police pushed my mother out of the way of the door. At that time came all the way through my apartment. Came into my bedroom uninvited to do so.
I had a small amount of Marijuana in a sealed oreo plastic container. The officer asked me what was in it. I told him if he wanted to know to get a warrant. I said i would see him in 24 to 48 hours.
He left the apartment. Wasnt 5 minuetes he came back in my residence with another cop yelling probable cause.

Saying they didnt need a warrant and that me my mother or gir,lfreind were going to do about it. I was charged with "Simple Possecion of a controlled substance. But not actually arrested.
Also want to add the first officer didnt identify himself and refused to. I never found out who they were until i went to court. He argued in front of the county deputys.
Also flat out said that he illegaly searched the house and there was nothing i was going to do about it. Also want to add. No permission paper was signed. Still they lied to the prosocuter and said that they had permission.
So now i need to know where i stand with this? What would i be looking at?
I also need a good lawyer who would be willing to go on contingancy in the US district court of Middle Tennessee
Please if theres a lawyer out there please help.

 

[BelizeBreeze]

No attorney is going to take this turkey on contingency. Especially in a hillbilly town like Murfreesboro.

And no one is going to give you a valid opinion based on your limited facts.

If you have already been to court was it a preliminary hearing or have you been convicted?

 

[shawnintennesse]

No attorney is going to take this turkey on contingency. Especially in a hillbilly town like Murfreesboro.

And no one is going to give you a valid opinion based on your limited facts.

If you have already been to court was it a preliminary hearing or have you been convicted?

No i cut a deal off.
Because in Tennessee they can put you before the grand jury on a Misdermeanor and the penalty is 11 months 29 days.
I got a retirement.
Which means i go for a hearing in March before the judge to have it dropped off my record.
The limited facts are the whole story. They had no warrant and no signed permission to search thats required by state and federal law.
Also Tennessee's constitution is federal constitution.
Ive been loking for a lawyer in Nashville. Thats where the US District Court is...

 

[BelizeBreeze]

No i cut a deal off.
Because in Tennessee they can put you before the grand jury on a Misdermeanor and the penalty is 11 months 29 days.
I got a retirement.
Which means i go for a hearing in March before the judge to have it dropped off my record.
The limited facts are the whole story. They had no warrant and no signed permission to search thats required by state and federal law.
Also Tennessee's constitution is federal constitution.
Ive been loking for a lawyer in Nashville. Thats where the US District Court is...

I happen to know where the U.S. DIstrict Court is located. In fact, it's within walking distance of the one of the best restaurants in the city, Arthur's.

And that still does not change my answer. First, there is no such requirement of "SIGNED" permission for entry. Second, we cannot litigate from the internet when there is an absence of facts. Third, NO ATTORNEY is going to take this on contingency when there is no money damages.

Get the point now?

 

[shawnintennesse]

I happen to know where the U.S. DIstrict Court is located. In fact, it's within walking distance of the one of the best restaurants in the city, Arthur's.

And that still does not change my answer. First, there is no such requirement of "SIGNED" permission for entry. Second, we cannot litigate from the internet when there is an absence of facts. Third, NO ATTORNEY is going to take this on contingency when there is no money damages.

Get the point now?

Yes i think i see what your saying.
But to take it to suit in District Court in the first place you have to sue for at least $75,000.

If this was Ohio i would have attorneys beating down my door to take this on.

So also what your saying is you dont have the proff in front of you right?

 

[BelizeBreeze]

Yes i think i see what your saying.
But to take it to suit in District Court in the first place you have to sue for at least $75,000.

If this was Ohio i would have attorneys beating down my door to take this on.

So also what your saying is you dont have the proff in front of you right?

If you don't have about $10,000 TO START, then forget it. This case is and was a turkey from the beginning.

 

[shawnintennesse]

If you don't have about $10,000 TO START, then forget it. This case is and was a turkey from the beginning.

Well i dont need $10,000.

That turkey just turned into a chicken..LOL
Ive got video tape of the whole thing now. Didnt realize they recorded the whole thing.
Also without my permission. My girlfreinds permission. Or my mothers.
Also there was no probable cause warrant. There was no warrant of any type. No one was asked for permission for them to come into the house. They just came in..
I know for a fact they have to ask you for permission to record you in your home.
Didnt realize Murfreesboro videorecords everything. So ive got them..

 

[Gadfly]

Do you work for the Star or something. Many of your "I know for a fact" are in fact wrong.

"Noise Violation"?? What was REALLY going on that brought them there?

 

[shawnintennesse]

Do you work for the Star or something. Many of your "I know for a fact" are in fact wrong.

"Noise Violation"?? What was REALLY going on that brought them there?

Yeah it was a noise violation from a harrasing neighbour.
As it also states in the first line. Which there is no official city ordinance for in Murfreesboro.
Exactly what i stated in the first place.
These two so called officers are not running on full brights.
If there was nothing visable from the door. Then they had no cause to come into someones house noise violation or not.
They cant just walk in your house and say this is how it is..

 

[BelizeBreeze]

I love them thar hillbillies. Can't read for $hi*

An ordinance stating it shall be unlawful to disturb the public peace by loud or unusual noise, offensive or boisterous conduct, assaulting or fighting another person or profane language. The fine is no less than $3.00 and no more than $40.00.

 

[shawnintennesse]

I love them thar hillbillies. Can't read for $hi*

An ordinance stating it shall be unlawful to disturb the public peace by loud or unusual noise, offensive or boisterous conduct, assaulting or fighting another person or profane language. The fine is no less than $3.00 and no more than $40.00.

LOL Belize..
Which of course they never charged me with...LOL
Not even brought up on the officers complaint. Theres not alot on the officers complaint period.
He never mentions the fact that he was in my house.
Pretty much the only thing his complaint states is he had Marijuana Probable cause.
Of Course he wouldnt mention the fact that that Marijuana was in my bed room under my computer desk. In a plasic Oreo container that he couldnt see through...
And also that he had np Probable Cause warrant either to search for said anything. And if he did. He would have to point out the area in which said items were to be located..

 

[timeteacher]

Search and Seizure

- If your facts are true, you could possibly have a civil rights violation case which can be tried in civil court. There may be an attorney who would not view it as a "turkey. " Violations of civil rights are never "turkeys." They are a serious encroachment of a fast fading freedom in this country. Unfortunately, many attorneys today are not interested in justice, but the bottom dollar, profit and gain. Two suggestions, but no promises as to if they'll pan out. Call the ACLU, file a complaint with the FBI (they handle civil rights violations), write your congressman. It's not much, but the bottom line is to raise hell if you were the victim of an illegal search and entry. Pay $17-$20 a month and join a legal "HMO." Such as ARAG, or Pre-Paid Legal Services. Joining them gets you a free consultation with a real lawyer in your area. Remember, our freedoms were not won because the Founding Fathers sat by and did nothing but calculate the monetary costs and if doing so was economically feasible.

 

[BelizeBreeze]

- If your facts are true, you could possibly have a civil rights violation case which can be tried in civil court. There may be an attorney who would not view it as a "turkey. " Violations of civil rights are never "turkeys." They are a serious encroachment of a fast fading freedom in this country. Unfortunately, many attorneys today are not interested in justice, but the bottom dollar, profit and gain. Two suggestions, but no promises as to if they'll pan out. Call the ACLU, file a complaint with the FBI (they handle civil rights violations), write your congressman. It's not much, but the bottom line is to raise hell if you were the victim of an illegal search and entry. Pay $17-$20 a month and join a legal "HMO." Such as ARAG, or Pre-Paid Legal Services. Joining them gets you a free consultation with a real lawyer in your area. Remember, our freedoms were not won because the Founding Fathers sat by and did nothing but calculate the monetary costs and if doing so was economically feasible.

another commercial message brought to you by the Intelligently disabled.

 

[timeteacher]

Anger Management

Excuse me, but I thought this site was suppose to be productive for those people in need of advice. You seem to enjoy bashing those seeking help from somewhere, but who are not able to afford high priced legal help. The response I provided was not an ignorant response, nor was it bashing someone needing help. Neither was it a commercial venture. It was meant as help for someone asking for suggestions. Ever hear the old saying, "If you don't have anything nice to say, don't say anything at all." You seem to take amusement in someone's plight. That demonstrates someone full of mean, angry, tendencies. Help, or get help. And don't imply things about people you know nothing about. That in itself is ignorance.

 

[shawnintennesse]

- If your facts are true, you could possibly have a civil rights violation case which can be tried in civil court. There may be an attorney who would not view it as a "turkey. " Violations of civil rights are never "turkeys." They are a serious encroachment of a fast fading freedom in this country. Unfortunately, many attorneys today are not interested in justice, but the bottom dollar, profit and gain. Two suggestions, but no promises as to if they'll pan out. Call the ACLU, file a complaint with the FBI (they handle civil rights violations), write your congressman. It's not much, but the bottom line is to raise hell if you were the victim of an illegal search and entry. Pay $17-$20 a month and join a legal "HMO." Such as ARAG, or Pre-Paid Legal Services. Joining them gets you a free consultation with a real lawyer in your area. Remember, our freedoms were not won because the Founding Fathers sat by and did nothing but calculate the monetary costs and if doing so was economically feasible.

First, thank you for your genuine opinions. And i know its Illegal Entry and Search and Seizure.
They want you to belive that Tennessee has a set of laws that arent governed by the Goverment. But thats not so.
But Tennesee's constituion is the same as the US.
But Tennessee's come more front on Illegal Entry and Search and seizure. Tennessee is popular for this kind of stuff. And people let them get away with it. But im not from Tennessee.
I'm from Ohio. And this country is this country!!!
And yes theres no doubt it was an Illegal search and seizure.
I just today was at the poilice station.
This is a cop that has done this before...