legalfiction677

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legalfiction677 last won the day on November 6 2017

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About legalfiction677

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  1. There will be plenty of time before your son's case will end in either a trial or plea bargain with the DA,so don't worry about that part.He will be able to consult with his Attorney in time enough to present the case before the Judge. As far as law enforcement "legally" having a right to go through your son's phone again,while he was/is still in jail.I'm not sure why,there would be a need for that,since it's obvious he could not have had access to the phone while in jail,and after this second warrant was issued,it should have come to the police's attention,that it was someone else,the officer responded to in your son's messenger account.Did they in fact,search the phone anyway,or do you know?
  2. And who says,"Crime don't pay," just ask the government.
  3. I totally agree.I don't really know a lot on this particular issue,but it has been my understanding,that when the state results to proceed with a civil forfeiture against someone,it is usually because,that person has engaged in criminal activity numerous times,using there personal property,such as committing a DUI in their car several times,at least that's one aspect of it. Also,it's pretty common with drug dealers,when their caught to seize all monies,and property acquired or otherwise used in the course of their drug operations,which personally,I don't have a problem with at all.I think the states probably make more money on medium to large scale drug dealing operations,than by any other source.The government,state and federal seizes all these cars and house,and then has these big auctions,selling them off. Now given the facts,the op shared with us,I don't see why they would want to seize his car based on a single incident,unless there's more to the story.
  4. In reading your posts,and assuming you have correctly stated all the facts,the officers involved had no right to search the vehicle,and they failed in their investigatory detention of your son,to rule out their suspicions that he had committed any crime,in this case Trespassing. If they had took the time to look at his DL,they would have immediately be able to see,he lives there,and was not trespassing. As far as finding the Weed,in his vehicle.Officers,making a "lawful arrest,"are allowed to do what is known as a "search,incident to an arrest."This search is not a search for evidence,but for the safety of an officer,like to seize any weapons within the suspects immediate reach,but it seems in your son's case,there are two problems,(1)the officer(s) failed to fully investigate,as noted above,and made an "unlawful arrest," and (2) according to your account of events,your son,was already handcuffed,and placed in the officer patrol car,so at that point there was no need for "officer safety." Now in cases where,an arrest is valid,and there's a search incident to that arrest,any contraband,(anything illegal) found,they have a right to seize,and charge the individual,but the arrest itself has to be legal,and it seems in this case,it wasn't. I know you mentioned talking to the Police Chief,and to the Mayor,but you need to file a formal complaint against the officer(s) involved,and consult with a good defense attorney. One other point worth mentioning,if at the time the officers arrived,your son had been smoking pot,and the officer smelled it,well,that was probable cause there to search the vehicle,regardless of the initial trespassing investigation.This is very important,because regardless of weather or not your son was trespassing,if the officer(s) involved smelled pot,and then found more of it in his car,that would have made the arrest legal,but you can expect any trespassing charge to be dropped.
  5. Just who are you,and who is your child that the power of the state,police forces,and the judicial system would all conspite against in such an elaborate plot to kidnap your daughter,and take sole custody of her away from you? I am now sitting at my computer smoking a Cigar,and may i ask you Mam,What exactly have you been SMOKING?
  6. Stranger than fiction,my,oh my,oh my.
  7. Apparently you are guilty of something,not being "attentive" while driving,or else 'reckless driving."Now perhaps whatever prescription drugs you are taking had something to do with it,and you shouldn't have been driving at all while taking them,you probably know the answer to that question,but the officer was in his rights to stop you based on the homeowner's report. Consult with a good defense attorney.
  8. You say,you reported the abuses to cps.Well,they have a duty to follow up on all reports of child abuse made.I'm not sure what's going on here,but if they came out,and seen obvious signs of abuse/torture,they would not being doing their job to further investigate,and have the child examine by a Doctor. On the other hand,if they came out,and didn't see the abuse you have described here,then they have no choice but to believe your son's wife.If you feel that strong that your granddaughter is being abused,and cps is not doing their job,perhaps it would be best to file a formal complaint against the department. Your son lives with this woman,and I find it very strange that,he would be "clueless," as to whether the child is being abused,especially if it is going on with any frequency.
  9. What we are seeing in pic#1,is a picture advertising a fake smoke detector with a DVR hidden camera from off a website,and pic#3,shows a smoke detector,with what looks like a brand starting with the letter"K". Now,I really don't have the inclination to look this up,but I do know,no hidden cameras could have "lawfully" be placed their by the police in the manner the OP has described,just would not happen. Now the OP wants to know if any of this was "legal,but that's irrelevant,because,they didn't plant any cameras.
  10. That's yet another good point,but even if allegations of abuse to his Mother had been raised,some random Police Officer,responding to a 911 call,would have no idea who this man or his Mother were,and already have cameras in his patrol car,ready to install.That's what really don't make any sense given the limited details the OP gave us. It's a "big picture,"with a lot of missing pieces left out.
  11. Why sure,it could be illegal,but given the account of events you shared,this is what you expect us to believe.Your mother,had a fall,while you were camping,and she called 911.Some random Police Officer was dispatched to your residence,who has no idea who you are,and he just so happens to have these "hidden cameras" with him too,and for some unknown reason,he decides to plant them in fake smoke detectors ,and you are totally clueless as to why these cameras were planted. Well,what are the odds any of this could have happen to you in the exact manner that you described?I'm betting on "ZERO."
  12. You told us an unusual story,but it's like one piece of a jigsaw puzzle,so now we know as much as you do,which is virtually nothing.
  13. Hi there.You mention on further down,that she is a member of a "Sabbath Day Adventist Church,"is that right? If so,they have somewhat different beliefs that most traditional Christian,faith based churches,but are still considered "mainstream,"so,as such,they are not a "cult,"just mistaken for one. With regards to your suspected abuse of the grandchild,if your son will not listen to you,you need to take the next step,and report the abuse to child services,as well as call the police and make a report to them too,and you need to do it,like yesterday.This is a serious matter,and you waiting around to talk some sense into your son,only make you a "contributor,"to your grandchild's abuse. Also,Do you not get to see her,and have you ever tried to talk to her to establish that the wife is indeed the one who is abusing her??I do hope you know,that it's not the "Adventist Church,"that is telling/teaching your son's wife to abuse your grandchild.
  14. Oh,your good now.After,responding to you in this thread,I seen where you posted your "update," in the original thread you created which is what I was telling you,you needed to do.You just didn't need to start a new thread on the same issue. anyway,I have responded to your posts in that thread.Thank you for providing us with an update,and please know,most of us on here do try to be helpful,and assist you in addressing your concerns.