Illegal search Indiana

[Freedom17]

2 mos ago an old high school friend who lives an indigent lifestyle called me and wanted to get together. I picked him up at a "roach hotel" and brought him over to my patio home. He is an alcoholic and drug user and was very drunk when I picked him up. He has come over before and uses [and abuses] a prescription drug called oxycodone. The last time he came over he appeared to be overdosing since he was asleep and I had a hard time waking him. I told him at that time if he ever came over again he would need to give me his prescription to hold for him so he couldn't abuse...

Long story short... When I picked him up I insisted he give me his prescription to hold for proper dosing as prescribed. Wnen he pulled it from his pocket, he also had a couple of white crumbs which he said was crack cocaine. I also made him give those to me to hold. After coming to my house, I went to my bedroom home office to finish off a couple of things and to check some things. I left him in my living room and about 20-30 mins later... he came in and said something about either I [or him] was overdosing and suicidal and he had called 911

Shortly thereafter the police arrived and I went out to my driveway where my firend was saying "I" was overdosing on heroin and needed help. He was obviously delusional and drunk. Anyway, one of the policemen decided to pat me down and search me and found the crack and oxycodene. I did not say or do anything confrontational or threatening to the officer to justify a search. My friend had done essentially the same thing [from his hotel room] 4-5 days before and was taken to the VA hosp.... where he was treated and released.

Anyway... They found the drugs in my pocket and I was charged with 2 class "D" felonys for narcotics possesion. My friend wasn't charged even though he made the call and the drugs were his and he registered 3.3 on the breathalize...r 2 hrs later.

I know this was an illegal search but the atty i've consulted says the judge is a right wing conservative and will believe and rule in favor of anything the police says.

Do i have any options? They came onto my own property and searched me without provocation. I feel like i live in a police state.

 

[Zigner]

2 mos ago an old high school friend who lives an indigent lifestyle called me and wanted to get together. I picked him up at a "roach hotel" and brought him over to my patio home. He is an alcoholic and drug user and was very drunk when I picked him up. He has come over before and uses [and abuses] a prescription drug called oxycodone. The last time he came over he appeared to be overdosing since he was asleep and I had a hard time waking him. I told him at that time if he ever came over again he would need to give me his prescription to hold for him so he couldn't abuse...

Long story short... When I picked him up I insisted he give me his prescription to hold for proper dosing as prescribed. Wnen he pulled it from his pocket, he also had a couple of white crumbs which he said was crack cocaine. I also made him give those to me to hold. After coming to my house, I went to my bedroom home office to finish off a couple of things and to check some things. I left him in my living room and about 20-30 mins later... he came in and said something about either I [or him] was overdosing and suicidal and he had called 911

Shortly thereafter the police arrived and I went out to my driveway where my firend was saying "I" was overdosing on heroin and needed help. He was obviously delusional and drunk. Anyway, one of the policemen decided to pat me down and search me and found the crack and oxycodene. I did not say or do anything confrontational or threatening to the officer to justify a search. My friend had done the same thing [from his hotel room] 4-5 days before and was taken to the VA hosp.

Anyway... They found the drugs in my pocket and I was charged with 2 class "D" felonys for narcotics possesion. My friend was chared with nothing even though the drugs were his and he registered 3.3 on the breathalizer 2 hrs later.

I know this was an illegal search but the atty i've consulted says the judge is a right wing conservative and will believe and rule in favor of anything the police says.

Do i have any options?

Why do you think it's an illegal search?

 

[41tellthetruth]

Try again

You're going to need a better story than this. I don't believe you neither will the judge or a jury. I do however applaud your imagination and creativity

 

[Freedom17]

I know it sounds like a lie but it is essentially the truth. I also know that I am responsible for anything in my possesion regardless of whether or not it was mine.

The issue isn't my story... but the search itself. Why can the police come onto my property and search me simply because a delusional drunk called 911 and said I was overdosing on heroin or else suicidal. I came out and told them I was fine and there was nothing wrong... There response was to search me.

 

[racer72]

With friends like that, who needs enemies.

 

[tranquility]

he came in and said something about either I [or him] was overdosing and suicidal and he had called 911

So the police came because of an emergency call regarding drugs and possible suicide.

the police arrived and I went out to my driveway where my firend was saying "I" was overdosing on heroin and needed help.

It seems like they have a reasonable suspicion to believe you have some contraband on you.

Anyway, one of the policemen decided to pat me down and search me and found the crack and oxycodene.

That seems a reasonable investigation based on the totality of the circumstances.

When I picked him up I insisted he give me his prescription to hold for proper dosing as prescribed. Wnen he pulled it from his pocket, he also had a couple of white crumbs which he said was crack cocaine. I also made him give those to me to hold.

You were intentionally and knowingly in possession of the drugs.

Good search, good arrest, guilty?

I guess you can try and sell defense of others as to why you took possession of the drugs. And, it might fly if you destroyed them during the

20-30 mins

you had them in a room away from him. How long does it take to flush them?

 

[Freedom17]

One more thing... the atty I spoke too acknowledges it was likely an illegal search but says the judge will not rule in my favor because they found drugs. he says I would have a better chance on appeal to get it thrown out but that will cost me... in the meantime... I'm facing 3 yrs in prison

 

[Isis1]

I know it sounds like a lie but it is essentially the truth. I also know that I am responsible for anything in my possesion regardless of whether or not it was mine.

The issue isn't my story... but the search itself. Why can the police come onto my property and search me simply because a delusional drunk called 911 and said I was overdosing on heroin or else suicidal. I came out and told them I was fine and there was nothing wrong... There response was to search me.

because 911 was called. they were invited. probable cause. they had reason to believe illegal drugs was in the vicinity. they found them. by your own admission, you were in possession of the drugs. they were in your pocket. you put them there. who holds drugs for someone anyway??? i wouldn't have bought that story from my kids. i doubt a judge will either. but back to the story. you had them in your pocket. shouldn't have.

 

[Freedom17]

Yes i had plenty of time to get rid of them but that wasn't the issue. He had spent money on them [he couldn't afford] and said he needed to either sell them back or use them when he got back to his room. I just couldn't bring myself to throw them out even though i should have.

My understanding is that in order for a police officer to search someone [on their own property] is they must have reason to believe they are threatened or in fear of being assulted. That was not the case and they searched me simply because they suspected drugs were in my possesion which is illegal on ones own property without a warrent

 

[Isis1]

Yes i had plenty of time to get rid of them but that wasn't the issue. He had spent money on them [he couldn't afford] and said he needed to either sell them back or use them when he got back to his room. I just couldn't bring myself to throw them out even though i should have.

My understanding is that in order for a police officer to search someone [on their own property] is they must have reason to believe they are threatened or in fear of being assulted. That was not the case and they searched me simply because they suspected drugs were in my possesion which is illegal on ones own property without a warrent

they were brought to the residence on the notion that someone was in danger.

a "dying" drug addict confessed drugs were an issue and you had control of them. so, in an effort to help the drug addict, they wanted to know WHAT drugs. you had them in your possession. the drug addict ratted you out. even in his state.

 

[Freedom17]

They weren't invited by me or called by me. OK lets assume the drugs were mine and I bought them... The issue is my rights to privacy on my own property. I was totally cooperative and when they patted me down first had no reason to believe i had a weapon.

I found the follwing info on a civil liberties website:

What do I do if police search me?
If police detain and search you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.

When are police allowed to search me?
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed. If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal. Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.

I did not consent to the search and there was no reason for them to believe I was armed or a threat to their safety... before they serached me and found drugs, they asked to search my home and I refused... I think this is the reason they frisked and searched me.

I understand 911 was called and the police had cause to suspect drugs. but police wasn't called and they had no probable cause for a search warrent and took it on their own to conduct an illegal search.

The bottom line is... do the police have the right to come onto ones property and search the property owner for drugs without a search warrent??

I really appreciate the feedback and dialogue. THANKS!

 

[CdwJava]

Here's what you do, then. You direct your attorney to make a motion to suppress (if it is not addressed at trial, then it will not be an issue on appeal). He will argue why the search was illegal, the prosecutor will argue why the state had probable cause. You will then have your decision.

Depending on what was said in the 9-1-1 call, what you did or said, and what the officers observed, they may very well have had probable cause to search you for contraband. Since none of us here in internet-land were present or know the police account of events, we cannot say with certainty they were wrong. We can all see that there is a very realistic probably the police had probable cause for the search, and we can all see that you were knowingly in possession of controlled substances.

Your story is bizarre, to say the least. It makes one wonder about your own decision making process.

 

[Freedom17]

I am not disputing I'm guilty of drug possesion... no doubt about that.

However, did the police violate my 4th ammendment rights by seaching me, in my own home without a warrent.... and with no drugs or contraband within their view prior to the search.

we're not talking about being out in public or being pulled over in a car.... that is the difference I'm trying to determine... if there is any. I'm not a criminal or drug addict and they had no reason to believe that prior to my friends call to ER 911.

 

[You Are Guilty]

If your sole distinction, as it seems you're arguing, is that you were in your home vs. in say, your car, then you are pissing into the wind. Ignoring that you said you were in your driveway, which presumably, like the rest of the world, is outdoors, reasonable suspicion and probable cause do not hinge on whether you are inside the door or outside it.

Good luck at trial.

 

[tranquility]

I bet the totality of the circumstances will make the search legal.

For reference, see:
http://www.youtube.com/watch?v=uj0mtxXEGE8

The OP violated many aspects.