4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases
HTML-код
- Опубликовано: 30 июн 2024
- This video considers 4th Amendment pretrial motions to suppress evidence and how they can be used to defend your criminal charges. Visit www.gustitislaw.com for more information about pre-trial motions to suppress and criminal defense attorneys in Bryan-College Station, TX. Follow us on Instagram: / sgustitis
This video discusses when a pretrial motion to suppress evidence can be used to exclude evidence from trial based on the 4th Amendment Exclusionary Rule.
Other Videos in this Series:
1. Introduction to Pretrial Motions in Criminal Defense Cases ( • Introduction to Pretri... )
2. How to Use Pretrial Motions for Discovery to Defend Criminal Charges ( • How to Use Pretrial Mo... )
3. 5th Amendment Pretrial Motions to Suppress Evidence of Criminal Confessions ( • 5th Amendment Pretrial... )
**My Video Production Gear**
Canon EOS Rebel T6i (amzn.to/2NsgwKL)
RODE VideoMic Pro R Studio Boom Kit (amzn.to/2r9rk2E)
Lightdow 12x12 White Balance Reflector (amzn.to/2Df2rf5)
Ravelli APLTA 61” Aluminum Tripod (amzn.to/2NpZ4q9)
Neewer Dimmable Bi-color LED Video Light (amzn.to/2OG3upF)
Stephen Gustitis on Social Media:
/ stephen-g. .
/ gustitis-law. .
/ gustitis_law
Other Relevant Links:
www.bryantexasdwi.com
www.collegestationtexasdwi.com
Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video, criminal lawyer Stephen Gustitis, defines when pre-trial motions to suppress evidence can be used to suppress evidence from a criminal trial. The video also discusses some common situations where the police illegally seize evidence. For example, following an illegal detention, searching without probable cause, and searching with a defective search warrant. The video is #2 in our series on pretrial motions in criminal prosecutions and discusses criminal pre-trial proceedings. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use pretrial motions to suppress evidence to help defend your criminal case. #pretrialmotions #gustitislaw #motionstosuppress #pretrialproceedings
![Megan Thee Stallion - Otaku Hot Girl [Official Audio]](http://i.ytimg.com/vi/USxIYOaIpig/mqdefault.jpg)
I’m a 22 y/o black guy from South Carolina these videos are very helpful cuz I take pride in knowing my rights against the police & knowing how to react the correct way. Thank ya
Of course. Thanks for visiting and commenting.
I’m a 20 y/o mixed male in South Carolina and got got with weed just over the river in Georgia. I need help with my situation because it doesn’t make sense on how things went.
stay woke
It’s important that we know our civil rights. Government hates knowledgeable and educated citizens.
im white lady and believe me thetrs enough corruptiin with police foe any shade of skinGOD BLESS AMERICA and all of us. united we stand
Yooo Gus,
Everything you stated makes me feel at ease my public defender suggested a motion to suppress evidence, after watching your video it gives me hope thank you for that
Thanks for sharing! I wish you the best of luck and I hope the judge suppresses the evidence in your case.
I used to work for my father's Law Firm as an investigator/Para Legal, but after my father retired and passed away I went on to different things and over the years I felt I needed to brush up on my rights and have found your videos very helpful and well made. Thank you for all your help ! One thing my father always told me since I was a pre teen is "a person who defends themselves has a fool for an attorney" I took that bit of advice as gospel and over the years learned it was very true when someone would come in and say they defended themselves and it didn't go well, and unfortunately knowing that after your trial is a little to late. Alway get an experienced Attorney in the type of law that your case requires and make sure that the attorney has a crack team of Para Legals and investigators like myself specialists in the type of law your case requires.
Thanks both for your kind words and your thoughtful insight. I appreciate you visiting my Channel.
Hello, Bob. Sorry to hear about your father's passing. 1 question : Can a police officially file a police report without a Police Case Number ?
Your father was a liar. Most attorneys are.
Practicing pro SE and defending oneself is a cornerstone of the POS democracy you people established. 🙄🪑🤡
Furthermore, I have been mentored by attorneys. They all encourage pro se practice to combat the rampant corruption in American courts. They also say anyone advocating against pro se practice is part of the problem of corruption because it's not even enough attorneys available for hire to demand people have one instead of knowing the law and how to practice pro Se. 🪑🙄
Advice that can be articulated in, @, or around 5 minutes instead of "let it go law" whose every video is 15 to 20+ minutes... New sub on board, thank you!
Thanks for visiting my Channel, Keith!
I am really enjoying you videos, and I see you replying to so many people. I think that is awesome! You better watch out or you'll start to give attorneys a good reputation 😂 Seriously though, people like you, and Steven Drizin for example, make me wish I could be a law student. I think people fail to realize how many lives lawyers change. I'm glad your one of them, and really changing people lives in a good way.
Your words are so kind. Thank you. I don’t see any reason why you could not be a law student. All it takes is commitment. And that applies at any stage of life. I appreciate your visit and please work to make your dreams come true.
Thank you Mr. Gustitis! My attorney filed a motion to suppress due to a violation of my 4th Amendment rights. The case didn't even go through the motion hearing because the state's attorney nolle pros the charges (30 days to three years possible sentence) upon agreement that we allow the state to destroy the property ($200 value) collected by the police.
That is a great result! Thanks for sharing it here.
I was recently pulled over in Idaho because I was going slow driving down the mountain in a blizzard. I was using my dual rear wheel truck, And I had my RV connected to the hitch.
The officer pulled me over and did not explain why he pulled me over but wanted to see inside the contents of my RV. he said if I did not let him see inside the RV he could arrest me for interfering with a criminal investigation.
Meanwhile my truck and my RV don’t have any markings on them. Don’t have any letters on them identifying a business or a DOT. The officer said he had suspicion that I was illegally transporting vehicles.
When he pulled me over, I comply, I gave him my license registration and insurance.
While he was sitting in his car running my information through the database, he took it upon himself to do a Google search of my name which popped up stuff on Facebook that he says gave him the authority to search my vehicle.
Meanwhile absolutely no markings are on my trailer or my truck. I do not have a CDL license because I doesn’t require me to have a CDL license to tow my RV. He proceeded to write me an excess of $3000 of tickets for not having a DOT and not a CDL license.
Meanwhile I didn’t get pulled over for any crime other than driving safe down a mountain in a snowstorm.
I say that violated my fourth amendment by searching my name in Google for no apparent reason and also for illegally searching my vehicle without consent.
He claims that he is a special DOT officer and he has special privileges. I explained to him sir I don’t have a DOT therefore your special privileges don’t apply in this situation.
I am currently now fighting it in court and I’m having to spend thousands of dollars for an attorney and I feel like it’s a very open case. Violated my fourth amendment, he also pulled me over for no reasonable articulated suspicion of a crime being committed.
Am I wrong?
This has been so helpful thank you for doing this
You're so welcome!
I was arrested in my home on accusations of b&e, I asked to see the warrant, cops refused to provide it. They then threatened me in a multiple of ways, and came in my home (were I was hosting company) and handcuffed me and took me out) I asked about some of my belongings and was leaving my phone with my company, under the assumption I wouldn't be able to use it, anyways. They then provided to tell me I can take it with me and have access to it.
I was then taken to the PD and proceeded in. My phone was put in to my personal affects.
Shortly later another officer came in from a separate case filed against me, we ended up talking it's important conversation I mentioned he didn't declared he was going to ceases it on the spot, which he did. , and then proced to tell me I had to open it, immediately.
I felt threatened, as to what he would try and pull. So I did as I was told. The next day when I bounded out he refused to release my phone to me. Another officer claimed that a warrant has just came in for him. . He confiscated my phone over allegations supposedly from my oldest daughter. I finally got a hold of warrant you can tell it wasn't no statement about my kid is full definition in detail of everything about my phone the brand the crack on it everything
As always I enjoy your time and effort to help us with these videos. I have made a few comments on another topic but the problem is. The CACD investigator just made a bunch of allegations. Saying that there was stuff on the cellphone the Sheriff's Department. Never even tried to get a search warrant I still don't understand why they didn't. Then after the alleged confession my so called lawyer was laughing. Saying that they don't need one now they have a confession. So they did need a search warrant so doesn't that make the alleged confession. Fruit of the poisonous tree I wish I had a complete brake down on the 4th amendment.
Regrettably, the cops are permitted to lie to you to elicit a confession. They do it all the time, like "your DNA was found at the crime scene," when is certainly was not. Once the confession is provided to the police, your goose is typically cooked unless there is something legally wrong with the confession. Confessions are not a 4th Amendment issue, they are a 5th Amendment issue. Due Process protects from involuntary confessions. Unfortunately, it seems like they may have you. I'm sorry.
This one of the best videos I have seen on this topic. No this video is the gold standard! How about this as an example for discussion? Police and EMS arrive at a wal mart parking lot where someone has ran into a light pole at a high rate of speed. The driver of the vechicle is later to be found over .08 via a blood warrant. Motion to suppress blood, video, and statements granted due too the officer arriving at the scene after the wreck happened and not having probable cause occurred?
Is this a real-life example? If so, what was the officer's testimony at the suppression hearing regarding his alleged probable cause for the blood search warrant? It seems like a smart cop could easily develop probable cause in this case. The accident itself is almost enough. All the cop needs now is the smell of alcohol and he's got it.
What could be found at an ALR hearing in order for the defending to win his ALR hearing? Would winning the ALR hearing help at a trial? What would the DA be thinking here? The defendant won his ALR hearing. No prior convictions...
Michael: you need to hire a qualified criminal defense lawyer immediately. Don’t waste any time. After the lawyer does a complete investigation of these facts, they can give you an informed opinion about your options. Thanks for stopping by and leaving your comment. I wish you the best of luck with your case.
what "qualifies" a criminal defense atty? --they take the money and throw the case---99.99% of the cases handled by liawyers are a mangled due to ineffective assistance of council.
@@tampafarrier9493 I disagree.
@@GustitisLaw the fact that any "principal/beneficiary(defendant)" ever loses a case in these special maritime commercial venues validate my point.
@@tampafarrier9493 Cases are won and lost based on the facts. The defense lawyers do not make the facts. They only respond to the facts that were made before they ever heard about the case.
@@tampafarrier9493 This is a civil case. You'll need to employ a civil litigation attorney to help you.
Very informative.
Hello, my name is Katrina Erickson and first I want to sincerely thank you for doing what you do. My fiance and I have watched several of them and found them to be extremely helpful, thank you. Specifically having to do with 4th ammendment rights; filing a motion to suppress evidence in criminal cases, etc. My fiance, Michael was pulled over back in January of this year for having one of those tree air fresheners hanging from his rearview mirror. After my fiancé gave the officer his license, insurance and registration the officer told him "we want your vehicle, we're taking your vehicle, you no longer own this car. Then he asked my fiancé to get out of the car and my fiancé asked why, am I under arrest? The officer said no, you're being detained but if you don't get out of the car you will be arrested. He told my fiancé to go and sit on the sidewalk behind the car while another officer wrote him a citation (which he never received). He asked my fiancé for permission to search the vehicle and my fiancé said no, however the officer proceeded to walk his K9 around the vehicle, supposedly the dog alerted, then he walked over and yanked the car keys out of my fiances hand (at that point he was in handcuffs). They're claiming to have found a bag with 7 ounces of Methamphetamine sitting on the backseat behind on the driver's side which I know is not true. His attorney has done nothing to help and to us we feel like he is on the police officers side. I don't know what to do but maybe you may have some suggestions in which case we would greatly appreciate. I sincerely thank you for your time.
Respectfully,
Katrina Erickson
Did your fiancé discuss these important facts with his criminal defense attorney?
@@GustitisLaw No because he's not sure if his attorney is actually working for him or not and I say this because it just seems like his attorney is trying to "sell him up the river"; he just wants my fiancé to hurry up and take the plea deal of 7-15 years. In fact he sent us a message the other day saying that the plea would be taken off the table on July 2 so my fiancé needs to hurry up and figure out what he wants to do. What we want to do is fight, of course but when the Court appoints my fiancé an attorney that just doesn't give a damn; pardon my language, it's really hard to know what to do.I've been trying so hard for months trying to find a lawyer that would hopefully take this case pro bono because unfortunately we just can't afford to hire a lawyer.
@@katrinaerickson7386 If you cannot afford to hire your own attorney, the only other option is having the court appoint one. Unfortunately, lawyers practice law to pay the bills. Not many would accept a complicated case pro bono.
Ms. Sell everything you have to get a good lawyer !! They do take payments. My case was all lies by two people and I was arrested. I first used a court appointed one, then I found one, now I am on lawyer number 3 ! This is the first lawyer that did not try to sell me down the river on a quick plea, first one who actually listened and looked at the facts with my story. This case cost me my life savings, my car, my girlfriend, my job, friends and family. However, I went from 15 years in jail to a possible mistrial !! They have me locked up for 1.5 years now, I am still fighting this case, not guilty i plead, sold everything I have. At least now I am on house arrest instead of jail, plus with what him and I have found that no one else took the time to research, looks like a mistrial!! Lots of duress, lots of fake torture done to me like telling me I was going for brain surgery if I don’t hurry up to settle, denial of my medication was huge, I almost died in jail ! Please sell and research your case along with a good lawyer like the above gentleman here in the video. Do not give up ever !
@@katrinaerickson7386, whenever you get an attorney ask him or her is any incriminating information subject to discovery by the state. Ask if the attorney has a duty to report a past or current criminal act. Then ask if you are protected by attorney client privilege. At the end of the day, attorneys are officers of the court. They are not supposed to advise anyone on how to break the law. With that, to get the best defense your attorney must know EVERYTHING about your case, even if its incriminating. There is a chance that your attorney could get a defendant immunity for one crime in exchange for information for a bigger crime. Many attorney's seek justice, meaning, if they can get your charges reduced or dismissed, then great. But, attorneys are human as well. After reviewing ALL the facts and circumstances of the case, if the attorney concludes that the defendant willfully engaged in criminal activity, he or she will likely attempt do what they can to find charges that fit the defendants actions that provide minimum punishment, then attempt to negotiate some sort of plea deal. If meth was found behind the driver's seat of a car owned and driven by the defendant, there is a steep uphill battle to demonstrate to either a judge or jury that the defendant had nothing to do with it. The best defense here would likely be a motion to suppress, if it could be demonstrated that the officers had no legal grounds to initiate the traffic stop.
This is a *GREAT* video Thank You
I'm glad it helped. Thanks for watching it!
I love your videos by the way.
Thank you very much!!
My dude keep it up wish i could find someone with West Virginia law smooth as silk as my dude here.
Thank you!
Love your videos, youre doing great work. A few years back i was arrested for felony child endangerment because i had several meth pipes in my bedroom and a baggie containing residue, which was in a house where my children resided. The original reason for the police investigating me stemmed from my stepson being caught dealing weed at his school. One of his freinds had been caught with said marijuana and informed the school officer he had gotten it from my son. With that information they pulled him aside without our parental knowlege or consent and interrogated him, and he admitted taking the weed from us. They came to our residence to do a knock and talk and my wife not knowing any better answered the door and was talking to them on our front step, mind you it was november in wyoming and she wasnt wearing shoes. The officers said that if she didnt consent to a search of our residence she would be detained outside until they aquired a warrant so she admitted to having marijuana and voluntarily gave them her stash, and as the old saying goes shit rolled down hill after that. At the time he was 15, and although i asked the public defendors they would never give me a straight answer if that was legal or not. Been clean for three years now and everything is over and done with but i still am curious.
Whether the police “legally” interrogated your son is not the issue. The police did not use his statement to obtain a warrant. The real question is what exactly did the police tell your wife and what exactly did she say to them. Without that information I can only speculate.
@@drrd4062 the Supreme Court said it was ok. Go figure.
That still doesn't make it right, and everyone knows that plain as day.
We have a defective Supreme Court. Example- qualified immunity. That in itself has eroded our protected civil rights more than any other single proclamation from that defective group of individuals. And the citizens of the United States have no say as to whom is on that panel of politically biased and partisan driven appointment to that lifelong position. It is messed up in so many ways. With absolutely zero oversight. They do whatever they want to do.
🙏🏻🙏🏻🙏🏻🌏✝️ Thank you for this video. A motion to suppress
Thanks, a lot. I really enjoyed the video. I'm Brazilian and, we're about to have lots of changes in our criminal system. There's a new legislation that will be discussed in our Congress, known as "Anti-Crime Package", that, if it's approved, it will change severeal aspects in our Criminal Code. For example, the new legislation aims to allow the 'plea bargain', which is something that's not possible in Brazil nowadays. Once again, thanks a lot.
You are very welcomed! The changes in Brazil you discuss sound very interesting. Do you think the changes will be for the better? I must admit, the U.S. Justice System is one of (if not the) best in the world. I appreciate you visiting the Channel and taking time to watch the video!
@chuck wood What alternative do you recommend? I certainly don't mind your criticism, but I expect you to suggest reasonable alternatives if you do. Thank for commenting.
@@GustitisLaw
If i may,, i think our system is broken.
Imo, it doesnt need relaced but a major overhaul.
The law makers with their "catch all" statutes is a subject of its own.
Police "arrest all" policies, arrest or citation quotas, policing for profit or revenue, lack of accountability, asset forfeiture, improper training and so much more makes laww enfoecement an injustice machine and a seperate topic.
As far as the judicial system;
Manditory minimum sentencing, too much unchecked power to the prosecutor., advantages granted the state to make up for "innocent until proven guilty, policy stating a judge must rule in favor of state when in doubt at pretrial motions, defense attorneys hired by state to defend peepS, life long supreme court judges, for profit prisons, for profit bail bonds, states access to "expert" witnesses, states $, courts as revenue, the list goes on & on & on
Hi I just want to say thanks and what your doing is amazing. I have some questions about illegal search and seizures.
Of course. What are your questions?
This is my events that occurred, driving through the pitch dark moutaons around 11 pm on Feb 20, 2023.from my. Foggy windows, I did t know if what was coming up behind me, I went to turn down Broadway St and it was then he lighted up car behind me turned on his siren and madw a left on Broadway as well, because it was pitch dark, and on Broadway it's all ditches on each side of a one on one road, I kept hand signaling the e car behind me to follow me to a well light area, by putting my arm out the window and motioning them to continue to follow. Half way in Broadway I stopped at a stop sign and went below the regular speed as I continued signalling to follow me. I then pulled into lighted area parked and got out to explain but before I was able to finish my sentence the cop yelled , PUT YOUR HANDS IN THE HOOD, so I complied and then used excessive force to yank my arms and caused me excruciating pain on my left arm, cont....
Please discuss these important facts with your defense attorney to see if they can help your case. Good luck!
I have an ongoing employment retaliation litigation. My attorney missed the discovery deadline (said it was an honest mistake because they were waiting for the judge's decision whether the case had merit) and we dont have expert assessment of damages. What can be done at this point? We are waiting for summary judgement and the trial is set for after a month if we win the summary judgement. The attorney, although continuing to represent, seem to not have much hope, but i still have strong hope because there are tons of solid evidence for everything including employer knowledge, temporal proximity, causation, and motive, despite the discovery. Thanks.
I am sorry I cannot help you with your question. I am a criminal attorney, not a civil litigation attorney. Only a civil attorney in the state where this case is pending can competently answer your important questions.
Like the vid. Subscribed keep it up
Thank you so much for your kind words!
Interested in this fs. Got a dui in August and the arresting officer passed away (R.I.P.), so have heard i can possibly get my charges dropped, due to suppression of evidence, because my lawyer isn't able to cross examine the officer. Any input on this? I know it's a very niche situation, but any info or tips could help.
Your lawyer is the best person to answer this question. But you make a good point about your right to cross examine your accuser. Please talk to your defense attorney about this important issue.
Hey Steve, I recently discovered this channel, and I am blown away with the great information you’re providing. I have a question relating to the scope of a search should probable cause be found or consent be given. For instance, if probable cause is obtained that a person is in possession of a stolen flatscreen TV that is 65 inches in size would it be reasonable for the officers to search a small compartment in the vehicle such as a glove box? Or, would that small area be outside of the scope of the search because it is not reasonable to look for a large item in such a small area? Therefore, I guess my question is the scope of the search clearly defined in concrete terms based on the information that they can articulate as giving them probable cause? Would evidence outside of the scope of the search be inadmissible in court? Are there any supreme court cases that deal with issues like this? Thank you in advance.
Great question. In this case you described, are we assuming there is a search warrant setting forth probable cause or is it a search after probable cause/consent is obtained without a warrant?
@@GustitisLaw Thank you for responding. Can you provide an answer for both scenarios? I am eager to know how the law applies in each situation whether a warrant is obtained or probable cause is established. I assume that if you give verbal consent then the entire vehicle is fair game to be searched, correct?
" I was detained on Trespassing Pretenses and then arrested on a 22210pc felony charge, for being in possession of a piece of doweling for self-defense purposes. But, I told the deputies I did not want them going through my stuff, as they had accosted me without reason on a supposed pedestrian check or something, (it was the 4rth of July and I was at the Public Library's bike rack where I create a makeshift shelter overnight). They dropped the Trespassing charges once they found the doweling...and I'm now out on administrative release awaiting my court date..."
Do you have an attorney?
I came across your website while doing research on a case im currently dealing with where I feel like my 4th amendment right was violated. I had a couple of sheriff’s deputies come out to my house a few nights ago and he said he wanted to talk to me about some stuff that was reported as being stolen and I didn’t have a clue what he was talking about. I asked if he had a warrant and he said no so I told them they needed to get off of my property. About 15 minutes later, my father and I get in the truck and about to head up town but before we could even go anywhere the same deputies swarmed us while we were still on our private property. We get out of the truck and I start to walk inside when one of the deputies called my name to come towards him and he then told me to turn around and that I was under arrest for possession of stolen property. They then started searching the truck, carport and the storage in my carport and seized what they believed was evidence even though I had already told them they needed to leave if they didn’t have a warrant and neither one of us consented to a search. Were my rights violated and do you think I have a good shot at getting all this evidence suppressed? This all happened starting at around 11:30 on a Friday night. The amount of time that went by from the time I asked them to leave the first time they were here and when they came back and arrested me and searched my private property was about 15-20 minutes. From everything that I’ve read and from all my research, it appears that my rights were violated and that I can get this evidence suppressed but I would like to hear what you think. Thanks
It might help to add that I’m in Arkansas.
Unfortunately, I cannot give you my opinion because I must know what the cops knew when they stopped and searched the vehicle. Cases must be evaluated in light of ALL the evidence in the case, not just one side.
In the discovery I was assumed to have spoken to a cop from another state about an incident...suppression of this fact is possible? Jurisdiction? Or any advice
I have no idea. All the facts, evidence, and law must be reviewed before a competent opinion could be offered.
GOD YES do one on IMPLIED consent here in Louisiana I got busted because the car door was ajar and he opened the door and began digging while the partner talked luckily I exclaimed “SHUT MY DOOR I DONT CONSENT SIR” still resulted in an arrest but I beat it based on that statement but they were using “implied consent “ as the rouse to search all over 2 miles over
If you won the motion to suppress hearing, then congratulations. That sounds like excellent news!
🌎🙏🙏🙏 Dur process. Thank God I know about informants.
I was in a small town in Northern Michigan, was in an argument at a bar with jail guard,2 weeks later police put me in jail for disorderly and tresspassing while sober drinking ice water,,1 month later police see me leaving a bar,pull me over and yell at me from 15 feet away from my divers window,he smells alcohol, I take all 3 sobriety tests and pass he arrested me and took me to the jail,asked me to take breathalyzer, I ask to speak to my attorney, then request blood test,he claims it's a refusal,blood test comes back ,126 ,I had told state police I was suing the local police for false arrest,I believe if I only had one drink,there is no way I could have that much alcohol in my blood,I am being
framed.
You need to hire a lawyer who is familiar with these cases and an expert in cross examination. Thanks for visiting and good luck.
what happens when, during pre-trial 2 months ago, the DA brought the 'prime witness' (the arresting Deputy. Sheriff, to testify at pre-trial, but instead his friend testifies for him, using the verbal story the Dep. Sheriff told him. The public defender in this case did nothing to object. Jury trial is Feb 1, 2024. Arrest, from a simple 'wellness check' in a parked car on a residential street on 3/15/2020 at 11 a.m. resulted in Dep. Sheriff dragging me out of my car. Can the Dep. Sheriff's friend testify at pre-trial ? Can I file a motion to suppress this testimony AND the incriminating information found after DS drug me out of my car? Thank you for your reply.
I was pulled over a street away from my house at about 11am with my work uniform on for a window tint violation. I had just gotten my windows tinted and had all 4 of them halfway down. He jumped in front of 3 cars to pull me over and while testing my windows, had full view of the inside of my car. He asked to search and I said no and then said he's going to call the k9 unit and that it will be worse on me. I then gave him concent after the threat and he found a weed pipe and a soma which I am prescribed. Is this an example of an illegal search and seizure? Thanks
It sure could be. The stop was probably ok. But your consent may have been involuntary. Discuss this with your attorney who will investigate the facts and give you advice. Good luck!
Question if I have a open case and I have an intervention hearing I don’t have to mention anything about the open case do I?
Who appears at the intervention hearing? If the discussion at the hearing involves "plea negotiations," then anything you say may be inadmissible in court under the rules of evidence. However, I would have a detailed discussion with your lawyer about this.
Nice.
Thanks for watching.
Mr. G pertaining to my Refusal to blow CDL DWI, The open container was a result from a search of my semi tractor I did not authorize. They found my keys and unlocked the door and searched with out my consent. Don't know if my employer allowed consent though.
These are facts your defense attorney needs to know. They can then decide how those facts affect the case. Good luck and thanks for your question.
Thx Mr. G . hope you doin well..BTW I was surprised to see nationally renowned self defense professional witness Massad Ayoob on his own channel for the first time. If you haven't seen his articles they are very good reading for CLE though not accredited but good stuff I threw at my counselor. The best article I found was multiple assailant defense strategy..but he has more.. FYI thx as always. God bless Texas..
is it true that once the search warret is signed they only have a certain amount of time to have it completed and that they should not be back on that primises weeks later?
Depending upon the state law, often the warrant must be served within 3 days, excluding the day it was issued and the day it was served.
How about a “inventory search?” My understanding is that they are allowed to only look without opening any thing to visually see if there are items of value that should be placed on an “inventory sheet” to protect the owner of the vehicle from theft and accusations of theft on the officer and the towing company
Inventory searches are permitted if the police agency has an established inventory search policy. I’ve not heard of “not opening” anything, however.
Hi my name is Larry Lee I am going through something right now I will love to talk to u but not on here I need your help I’ll pay u just for conversation I just need help right now
An officer pulled me over saying my registration was expired. In the police report he said i had a dead tag. this was not true confirmed by the dmv. He found contraband in the car. Is this enough to file a motion to suppress?
It depends whether the officer was acting in good faith. If dispatch told him the registration was expired, even though it was not, it still may be a good stop. My big question was how did the cop get authority to search your car? Please discuss these issues with your attorney. Thanks for your question.
I have a question concerning the knock and announce law. If a person has clear audio and video of the police knocking the door in without a mear tap on the door or any announcement of who they are on a search warrant that is NOT a no knock warrant can the evidence be surpressed under those circumstances? Thank you for your time.
Your question is more complicated to answer than proposed here. The best approach is to share the evidence with the criminal defense attorney handling the case and let them decide how best to leverage it. Thanks for contributing to the discussion here at my Channel.
@@GustitisLaw thank you for your time
In September, my PO was under the impression that i would not be able to finish paying off my fines by Oct 1st so she issued a warrant. When i paid the fines, she scheduled me for my last meeting via telephone and i showed up on time and we both decided that my probation was complete. She forgot to pull the warrant and i got arrested 2 months later for a probation violation ( not even on probation anymore) at a restaurant after an off duty police officer called his buddies and told them that i had a warrant. They found an empty baggie in my pocket with some residue and i was never charged with a PV just Possession and Para. Your thoughts?
Sounds like the police were acting in good faith, based on a warrant legally issued. The exclusionary rule is designed to punish the police for illegal conduct. Does not seem like the police were violating your rights. Consequently, the search was good and the evidence collected admissible. What does your hired criminal defense attorney think about these facts? I would recommend retaining one to assist in your defense.
Almost the same exact thing happened to me. Exept for when I was arrested for "VOP", I was taking suboxone to get off of opiates, and this mistake messed up my sobriety plan. They sent me a check for 200 something dollars lol
police came to my hm for a search they took a large some of cash from me but the receipt that was in the bad with the money they removed and left it Shouldnt the receipt been included with the money ? Also I was given the search warrent after i was being taken to jail your input is is very important to me to attprney i hired has done absolutely nothing for me and told me i need to take a plea bargain i fired him and now am having to represent myself thank you
Unfortunately, since I am unfamiliar with the facts and evidence in this case, it is impossible for me to give advice. You should hire another lawyer to help you. I doubt you are equipped to represent yourself in such a complicated legal proceeding.
Hola Mr Steve I have a few questions. I was at the car wash washing my truck early am around 4am getting ready to go pick up a coworker and go to work when a police officer pulled up behind me. he asked me if everything was okay and i said yah i am just washing my truck (obviously). he then asked me for my id and i gave it to him and was super polite and cooperative the entire time. he then comes up and says i had a warrant from another county for a case that my now previous lawyer said i did not have to be present for which was two days prior. I explained this and he proceeded to put me in custody. I asked him if i could call someone to come pick up my truck so it didn't have to be towed and he said no. He put me in the car and then 4 other officers showed up and they all proceeded to tear through all of my belongings. During this search which i was never asked if they could do they found foil in the center console my coworkers bag which had 6 grams of meth and 6 grams of heroine inside. He had been driving my truck the previous day on the way home from work because i was exhausted and needed to nap and left his bag in the truck since i was going to go pick him up for work the next morning(after i left the car wash). The officer asked if i knew about the bag i told him it was my coworkers and then told me they found the drugs i told him my coworkers name and said lets go to his house and you can arrest him for his stuff. He said no and charged me with possession of both substances and for the warrant.
My 1st question is can i fight the stop since i was obviously washing my truck and not doing anything wrong and on private property all alone when he pulled up behind me? 2nd question is, i remember putting our work keys in his bag earlier in the day but didn't look in the bag but may have touched the bags the drugs were in and other stuff in the bag so will they take fingerprints off the bags and try and pin them on me? and my last question is can i get the work keys back which were taken for evidence for some reason(nothing on the keys says they are mine) because my now former job which i was fired from because of all this is wanting to charge me for the keys unless i return them. (added info: i asked my coworker to admit to the drugs and he pretty much laughed at me and said good luck and had since blocked me from any contact with him)
I really appreciate all your help as i have a public defender and will be taking this to the box and trying to prove my innocence considering i have never done drugs a day in my life and was trying to be a good dude by giving my dickhead coworker rides to work so he could save up money for a car...
How has your defense attorney answered these questions? They are the person you should be asking since they have knowledge of both the law and the facts relevant to your case. Nevertheless, if the initial encounter with the police was, indeed, a detention and not a consensual encounter, then challenging the initial detention is the proper strategy. However, I don't know if you'll win since I don't have access to the all important law and facts. I don't know if the police will process the bag for fingerprints (or DNA). If they do, and if your prints (or DNA) are on the bag, then you have a serious problem that must be credibly explained. Lastly, I doubt if you'll get the work keys back, since they are potential evidence in the case. When the case is concluded, they may release the keys back to you, though. Good luck with this important case and thanks for your questions.
@@GustitisLaw I DIDNT HAVE MONEY FOR PRIVATE DEFENCE SO I HAD TO GET A PUBLIC DEFENDER SINCE I LOST MY JOB BECAUSE OF ALL THIS... BUT SO FAR MY PUBLIC DEFENDER HAS TOLD ME THAT I HAVE A GOOD CASE FOR TRIAL AND THAT I SHOULD BRING IT TO TRIAL AND TAKE IT TO THE BOX. I FEEL LIKE I SHOULD DO THIS SINCE THE DRUGS WERE NOT MINE. I WAS JUST HOPING TO GET SOME OTHER INFO AS TOO MUCH INFO AND HOMEWORK IN THIS CASE IS IMPOSSIBLE. I HAVE ALREADY ASKED OVER 30 LAWYERS IN MY AREA IF THEY WOULD CONSIDER DOING THIS CASE FOR FREE FOR ME AND I WOULD BE WILLING TO PAY THEM ONCE I GOT BACK ON MY FEET BUT SO FAR NOBODY HAS WANTED TO HELP ME. I THANK YOU SOO MUCH FOR TAKING THE TIME OUT OF YOUR BUSY DAY TO REPLY TO MY QUESTIONS LET ALONE READ MY COMMENT!!! YOU ROCK!!
So I got pulled over by a cop that followed me from location A, to location B, waited for me start heading to location C, and just decided to pull me over claiming I had swerved in my lane (which I know I didn't do) and made me do a field sobriety test. Which I passed. But they strong-armed me into giving consent to search my vehicle by claiming they were gonna impound my car until he got a search warrant for my car. And I couldn't have him take my car or id lose my job for missing work later that morning. Which I told him that so he told me that if I let him search the car I would be able to make it to work on time. He really had no reason to search my car other than following me from location B (hotel known to house a lot of drug users and dealers) which I feel like he was just profiling me. I never broke any driving laws or anything but when searching my car he found some drug paraphernalia, and then drugs on me when he decided to go to take me to jail. He then booked and released me and took me back to my car so I could make it to work on time. My question is, can I still motion for a suppression of evidence even though I was unjustfully tricked into giving him consent to search my vehicle?
If your consent was not voluntarily given, then a motion to suppress would be the appropriate way to raise that issue in court. There could be other issues, too, like the initial traffic stop. I would discuss these potential challenges with your defense attorney in detail. Thanks for such a good question.
Could say the officers put you under duress when they threatened your job. Thus you felt forced to give consent... I know it's a year ago but for anyone reading "a contract signed under duress is inadmissable in a court of law." Like someone can't put a gun to your head and make you sign over your car, or sign a will. You might have to put forth burden of proof then, I dunno.
This guy's really taken care of me
I hope that’s really true. Thanks for your kind words.
During covid-19 Do the rules change as far as the amount of time you can be held without being charged before being extradited to the state that wants to charge you. If its been more than 90 days what should you do?
The rules have not changed. Hire an attorney to represent the person in custody..
What about “protective sweeps” done by the police when they don’t satisfy the 3 factors in executing the sweep?
If their protective sweep violated constitutional protections, then you win.
Someone I barely know involved me in a case against her for selling/possession charges. my home was searched but nothing was found or taken. my phone was seized with probable cause for messages containing conversations pertaining to possession and use of a controlled substance. I have intentions of hiring an attorney as this is on federal property. do you have any advice for me?
Yes, remain absolutely silent about the circumstances of this case. Speak ONLY to your attorney about it. Good luck and thanks for visiting.
Can one be pulled in traffic and held in custody in police vehicle while a warrant is issued to search home ?
Possibly. It’s impossible to know for sure without reviewing all the evidence in the case.
As well he lied about how he had obtained it and the timing, ECT. This is my first time being in this kind of circumstances, I was appointed a pub defender. While I was in the jail, by the first court date I had a different one. I told her lawyer and two other witnesses of perjuring themselves and I can prove it by other paperwork. What's my knowledge was never brought to the judge's attention. Not somewhere around 9 months later I have another pub defender. I was not notified of the change, I only new of this about a WK or so before we went back to court to set a date for the trial, by jury (2day collaboration). I have not seen nor spoke to any of my children since this started, and I had full custody of all of them. My x had picked them up from school with out notice nore answering the phone. They were previously charged with attempted kidnapping. ECT. . Is that legal? I now have trial by jury coming up in july. Since this has all started I've had a house burn multiple break ins, one end with the burger staying in my home until he decided, i was gonna leave state, after wrecking my carvi hsd told the officers i did not want any one driving, while i was in jail., cars stolen and destroyed, mugged, robbed, and threatened, Numerous times. My kids are part of my defence yet I'm not allowed to be in there presence. I've lost everything. Due to the fact the police refused to even make a report. What should I do, what can I do!? I've all but lost the house I was buying as well. It's insane, just blankin crazy...
What about if an investigator ask you to sign a document so that they can look through your phone in order to see messages between you and plaintive to help you prove things on your side but you never sign the paper but did get tricked into giving them your unlock code on your phone
Never give them consent to take/look through your phone. If they want to look at your phone they will need a search warrant.
Can you file a motion to suppress evidence not listed on a warrant return list under Sec 933.12 ?
I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case.
The cop said he wanted to remind me of a parking ordinance. In my conversion van he Saw me through the rear windows sitting with light on. Moving around. He approached on the left side.placed his face against the window to see the (pipe). Then alerted me with flash light.
Do you have a question?
are there time limits on when you can file these motions to suppress?
Maybe. Sometimes judges want pre-trial hearings held well before trial. Some judges want motions carried to trial. Ask your attorney about the court procedures where your case is pending.
There was a report of a suspicious arson on a private property. Police arrived and I seen them and I approach them with respect and ask how could I help you? Officer exit the vehicle enter to a private property and detain me without any reasonable. They ask for ID I said no and I said do not search me and I still got search and my ID was taken out my wallet and I was placing handcuffs. No fire department came by for the report. I requested for sergeant to arrive and one of the officers got his phone out and started to talk to someone and I said I'm requesting your watch Commander. You have to call him through your radio not through your personal phone what are you doing? I got ignored but if I ignore them they get mad. The only time the fire department arrived was when I requested for paramedics. Due to high blood pressure caused by the police. I have so many police harassment I already filed a claim with the city like three times already filed a complaint with the department. What should I do
Here's an example what happened to me back in 2016 because of statue of limitation I couldn't Sue but they have a prior with me. Google unjustified beating by Montebello after this video go on RUclips judge tosses Montebello claim. I've been getting retaliation and being harassed a lot by the PD. Mental abuse so nasty
What is the grey area surrounding Miranda, when being detained for investigation. What are the conditions that give a reasonable person cause to expect Miranda during detention?
Miranda ONLY applies when a person is "in custody" and being "interrogated." All detentions are not custody. All questioning is not interrogation. That's why you need an attorney to figure this out.
I was arrested for possession when the substances were found underneath my car, I was charged with possession of a controlled substance. Does this is constitute as possession even though nothing was found on me?
If the prosecutor can prove you intentionally or knowingly exercised care, custody, control, or management of the drugs, then yes.
if the police knock on your hotel door and ask to search when you refuse they officiate an eviction on that basis can i ask for evidence seized to be suppressed ?
Without a thorough understanding of the facts and circumstances surrounding your case, it's impossible for me to say. I'd discuss this important matter with your defense lawyer.
If pulled over for a bad tag light, and have a recently created warrant for failure to appear for missing court for nothing more than to have a court fee doubled. And told No they can't search your vehicle and do anyways, is that a justifiable search or probably cause? Over a warrant that isn't related to drugs or weapons?
They can probably search your vehicle incident to a lawful arrest. But have your lawyer take a good look at it.
So question? Is it legal for your landlord to break into your home while you’re at work find contraband and then call the police to get a search warrant? Or would that be illegal search and seizure because my landlord broke into my home without my consent?
Most leases permit the landlord to access the premises at their discretion. You'll need to read the lease.
what sort of rules and or guidelines come into play when it involves your electronic information being obtained without your knowledge or consent? such as emails, text messages, stored files on your computer, etc. Do they have just free reign to look and take what they want because technically because you agree that the info isnt really your but the companies to which service your using to do what they will with it?
That is a great question. Electronic information comes in many different forms. Whether the information is protected under the 4th Amendment depends on whether society recognizes a "reasonable expectation of privacy" in that information. For example, the government needs a search warrant, or your consent, to search the contents of your phone because the courts have determined the expectation of privacy exists. However, with information in the possession of 3rd parties, like your email carrier, the expectation is rarely recognized. That's why the government can subpoena that information from the 3rd party that possesses the information. I hope this helps.
So if a alleged victim calls the cops and claims they see a piece of property on a site where people sale property and the cop on the case ask them for a serial number so he can authenticate the accusation. If the victim cannot provide serial number , will the officer still have probable cause at the point to conduct a knock and talk which leads to a arrest and search
Is it possible to get proof people that were involved in my case cohearse or persuaded into doing it by payment or removal of charges
I don't know. What does your defense attorney think?
The cops came into my home while i was gone no one else was home either. But i was home moments before when they claim to be watching me. I've been charged with several felonies and there were more people living there to. The being charged with 310g of meth it was some form of liquid with traces of meth but i had never seen it. What's your advice on this
My advice is to remain absolutely silent and hire an experienced criminal defense attorney tomorrow. The attorney can decide whether the police entry into your home was legal and whether the evidence seized is admissible. They will also determine whether the police can prove you KNEW about drugs. Keeping your mouth shut will prevent you from incriminating yourself to friends and to the police.
🙏🙏🙏🌎 I did motion to suppress the evidence.
Good luck!!!
I've not been in any trouble since 2015 after graduating from drug court. I was going through a really bad place in my life, my relationship was ending, I lost my job, and stopped taking my depression medicine. I shoplifted 2 shirts way to small. I was in a fog and don't remember taking them now the d.a wants to give me 2 yrs in prison. What defense can I use? Help me please
I have no idea. Only after independently investigating the evidence could I express an informed opinion. It sounds like you need to hire a well qualified criminal lawyer to defend your case. I wish you the best and thanks for visiting my Channel.
@@GustitisLaw WITH WHAT MONEY?????...dafuq kinda bullshit is this ?
I got pulled over and I have a suspended license with driving privlages but I went off course. I was driving fine. Is this good to file a motion to suppress? Thanks so much 😊
And what kind of plea should I plea?
They didn't seize anything. And I don't have a lawyer yet. Would a public defender be ok?
I don't know. I have not reviewed the evidence which is necessary before making this decision.
Can a person be sent to prison without a jury/judge trial?
Yes, they can, if prison time is part of a plea bargain agreement.
What do you think about a search by DNR getting a search warrant for a home for cell phones as evidence for a tree theft case that wasn't really theft?
I have no idea. Since I have not independently reviewed the law and facts related to the case, it's impossible for me to render an opinion about it. Sorry.
Hello Steve, my question is about a friend of mine. He owns a property in a state he does not reside in but has immediate family that leaves there so he goes back and forth to visit all the time, it’s two hours away from where he does reside. He has past felony charges already but has been out of jail for over 8 years. The property he owns drugs were being sold out of it by people he didn’t know and someone that he did. Swat came and they did have a search warrant. There were informants but a lot of misinformation in the paperwork. My friend is also wheelchair bound and on medication. He was being accused of knowing the individuals selling drugs in his house. They have no evidence of him selling drugs. Can you point me in the right direction to help get him out when he can appeal??
Where is your friend now? Does he have a lawyer representing him the criminal case?
Gustitis Law he is in WV just received a sentence to 121 months has to do 80% of it so 6.5 years. He had a lawyer but I believe more could have been done honestly. My goal is to come up with as much information as I can reading through the Bill of Rights/Constitution/ and law books on drug cases...He has a horrible childhood story and comes from a wealthy family line of felons...He was also molested from the ages of 5-12, has watched 5 of his friends and family be murdered in front of him and 2 were by cops. His mother was raped by his father and it’s just a lot of terrible imprints that are stapled to his mind. I want a new lawyer for him and I want to take the time to research what I can where I can and help decrease his sentence.
A police officer was investigating a friend's house I was visiting seen my car and got a search warrant for my house.
There's probably more to the case than this. Have your attorney review the affidavit used to obtain the search warrant. Good luck and thanks for your visit.
Me and ex split up Dec 2020 from that time until Aug 2022 we shared custody with zero issues or arguments. Then she moved in with boyfriend who started constantly arguing with her about how much time I had my son. So one day she decides to tell me she is going to with hold my son from me to make her boyfriend happy and prove a point to him. That did not go over well. I made zero threats no acts of violence in fact I tried to reason with her. Seeing the train wreck coming I go to the court I apply for emergency custody say nothing but the truth and get denied. Little did I know she had already gone to the court made a bunch false accusations and was granted a no contact order ex parte making me sound
like a complete physco completely lied under oath. Me n my fiance decide to go have lunch one day when we return. 2 ct state troopers show and inform I being arrested for violating court order Me n fiance at the same time what are talking about because up until that point neither one of us had any idea of the court order so even though THE LAW STATES order is not enforceable until proper service is completed meaning a state Marshall puts in my hand. So I get arrested after repeadly telling the officers I had no idea what they where talking about the officer tells me if I telling truth tell court they will throw it out. The exact opposite happened even though I got a print out from clerks office showing service of process never completed they ignored that fact and put a protective order on me. My ex didn't give to Marshall until after I had already got arrested n went I got served 4 days after court I go to court date for the order and proved she lied I was never a threat court orders I see my son that very afternoon we go back to court couple weeks later for custody I get granted primary residence she gets weekend visitations. A couple days later an alleged non threating abusive text comes from my phone. So what happens a warrant for my arrest is issued for violating protective order. I turn myself in court appoints me a public defender who I show everything to right down to 5 days earlier I was given custody of my son. I go in front of judge for arraignment and public defender says nothing in my defense. As the prosecutor calls me a threat to society and my bail is set at $75000 remember there's no violence no abuse no threats and 5 days earlier I get custody of son over states " victim " I'm disabled had major heart like 3 months before all this began I have a internal defibrillator inside me so my income is limited what any Xtra money I have goes to paying my bond payment 250 month And I'm on my second public defender I don't why they are called that because they have not defended me at all. I actually spent the night in jail she went filed for emergency custody thinking I wasn't getting out not only did I get out but she was ordered to give my son back. So some one I know with a history of violence gets arrested for violating protective same crime want to know what his bail was $15000 non surety another case boyfriend keeps girlfriend hostage for 3 days an assaults her multiple time during that period wanna know what his bail was $100000. Then you have me no threats no acts of violence no threats all stems from lies that I proved and I get $75000 bond what in the hell is going oh the guy who got 15000 bond got arrested again for assault if I didn't make bond I probably would have lost my son so instead of paying a real attorney I'm stuck with public defender who I feel couldn't care less and a monthly bond payment the sad thing is I have all the evidence and no cares..I still have custody as fight the criminal justice system. Thank you for you time
What if the search and seizure warrant wasn’t signed by a judge, but instead a court attorney/referee from Family Court? Will it still hold up in court, or be dismissed? Thanx in advance.
I don't know. That question is a matter of state law. I'd find a lawyer in that state to answer your questions. Though, even if your case was in Texas, I would not be in a position to answer your questions since there are many things I must know first.
@@GustitisLaw Thanx for the feedback! I truly appreciate your videos.
@@GustitisLaw I thought that search warrant laws were the same across the US. I thought that only a judge and magistrate can sign a warrant. I guess I’ll keep checking. Lol. Again, thanx!
My friend and I were stopped by county police on I-80. The police passed us twice then slowed down so we could pass it again. My friend was driving and getting nervous because she was young and had her baby in back seat. I was concerned because I heard of imposter police before and thought that was strange behavior exhibit by a reasonable and prudent police officer. My friend had gotten stuck behind a semi but passed it as soon as the traffic passed it. We were somewhat close but at a safe distance to avoid a collision. After she passed the semi the police put on their lights and stopped us. We are of Mexican decent but are citizens. I felt we were picked out for that because there were other vehicles on the road. He asked the driver if she knew how close she was to the semi and she wasn’t sure. He had her go to his car for what he said was a warning ticket. She was back there 20 to 30 minutes. When he came back to talk to me he said he smelt marijuana and started searching car and found some weed and THC we had. He handcuffed me but never read me my rights. Another office read me my rights on way to jail but that was after extensive questions by the cop and the cop that came after. Are these good facts for a motion to suppress and why?
These might be good facts. The police needed reasonable suspicion to stop your friend. Without reasonable suspicion, all the evidence they acquired could be suppressed from admissibility in court. If there was good cause to stop, and if the judge believes the police when they testify they smelled marijuana, the resulting search and seizure would be legal. Regarding your Miranda rights, it's difficult to tell since I don't have access to the police audio. But in general terms, once a person is in "custody," if the police want to interrogate them AND use their statements against them in court, Miranda rights must be read prior to the interrogation. You should have your criminal defense attorney examine all these issues while they are reviewing the evidence.
I was pulled over a few days ago for "being to close to a truck in front of me" he asked to search my vehicle, I said "No of like to get going I'm late for work." He then called for a K-9, the K9 unit drove past us circled around then they found 2 substances under 1 gram each, do I have any possible defense?
Yes, please talk to your defense attorney about these facts to determine whether an illegal detention occurred. Good luck.
Got stopped & searched & arrested because a employee at the gas station called saying I was intoxicated while pumping gas the police came & arrested me. But in the paperwork it said an elderly person called saying they seen me with a large amount of weed. Should I take it to trial.
I have no idea. Only after a detailed investigation and evaluation of the case can a lawyer provide such an opinion. The accused person in this case should remain silent and hire a qualified defense attorney immediately.
I rented my friend a motel room and a few hours later he asked me to sit in the room and wait for him to get back from a family member of his and then 30 mins later cops bust in and claim to have found meth I never seen the drugs so I dont know if the drugs were ever there.plus I have witnesses proving if ad when a drug deal went down I was not present.but my attorney said these witness statements wont matter is this true?
I don't know. I would need to examine all the law and evidence applicable to the case before I could express an informed opinion. I appreciate your visit and your question.
I have a question why every time the person has court they change lawyers and public defender like the toss it over
I’m sorry, but I have no idea. Business is not conducted like that where I come from. I appreciate your question, though.
My cousin just got a charge and I want to help him find a lawyer and learn about his rights.
What about any statement or questioning after verbal body cam captured excercising of 5th and 6th amendment
Then it sounds like you have them in a corner.
Wow wish my lawyer could have provided such infinite reassurance as you just did with 10 words. I might not have had to torture my subconscious playing it all back every single night for 300 days wondering how the hell it got this far. Wonder if I can sue them for actively working against my interests. Thanks sir. Best wishes.@@GustitisLaw
@@GustitisLaw Any objective person would have thought so. However My pub defender only came to trial to take up space and consume oxygen. Oh and to write me notecards about how enammered he was with the cock nosed prosecutor. Tha'ts ok though. He has been relieved and the 35C motion is nearly complete. I gave him the ability to win overwhelmingly and he couldn't even refute a single claim, submit any evidence, nor call one witness. I 've had a bad feeling about him for a year now. GOod thing I documented every one of his lies, failures, and criminal negligence to his oath.
I stand alone, I guess I knew it all along. Yeah I knew that they were wrong.
Serious inquiry for you when able. Is the state of this countries criminal justice system from police stupidity to public defender case overload, as atrocious and broken as I have been subjected to? I have at least 5 gross civil rights violations and i've lost a year of my life for being male. 10 minutes of investigation could have spared me all this when I told them to view the 12 cameras footage and see the truth of who was hurting who. How can an experienced police officer be so pathetically incompetent. I have to think that he knows her and it was personal. If not then I want to move to russia.
I've heard if they have no reason to pull me over that I should file a motion to suppress. Is it a good idea?
It could be. What did they seize? Have you talked to your lawyer about these facts?
They didn't seize anything . I don't have a lawyer yet . Is a public defender ok to get .
Hello it's Jessica again.they didn't seize anything.and I don't have a lawyer is a public defender ok to get.and what should I plea if I'm gonna file this motion.
Plea NOT GUILTY. Hire a qualified defense attorney. I guarantee you don't know how to manage this situation on your own. Good luck.
I got pulled over outside a house that they had a warrant for. They charged me with drugs in the house. How is this possible?
I have no idea. They developed evidence somehow or a judge would not have granted the warrant request. Remain silent and hire a qualified lawyer immediately.
What about K9 searches and how long you waited? Also if police intend on making you wait for K9 from the moment they pulled you over?
Their intent is not relevant since this is an objective standard. But the length of time they make you wait MAY be relevant. Your attorney must review these facts to be sure.
@@GustitisLaw Thank you. If the officer was about to give your license back without citation for misfuctioning tail lights, but dog finally shows up does that interfere with the time frame? Or if the k9 wrote on report they showed up 10 min before their cameras showed true arrival time?
I left from a verbal altercation, then police saw me. i denied consensual conversation then was threatened to be put in handcuffs if i kept walking an said they are investigating a "possible" domestic grandmother called an said grandson and girlfriend were "fighting" and i fit the description (wearing black) but no report of physical contact is that reasonable suspicion for a crime or probable cause? do they have have to articulate more than that?
They certainly might have to articulate more. Since I don't have access to the reports and evidence, it's difficult to accurately assess this situation for you. However, when you hire your own defense attorney, they will dive deeply into these facts and help you determine the best course of action. What evidence did they acquire against you as a result of this possible illegal detention?
Let’s say I had a gun loaded with no firing pin. Without the firing pin it can’t fire therefore is it a prop? Or Can I still be charged with illegal possession of a firearm ?
I have no idea.
Is a picture of myself holding a glass pipe taken by a ci and given to the da probable cause to get a warrant to search the house where i lived?
My brother has this, on his case they gave him 40 years in prison,charges or trafficking. but never found any drugs? or any amount close to that. Nothing makes sense, they gave back money and cars back to his wife, She even lost her home that was worth only 50K she couldn't pay the mortgage, with 5 children.They have motion to suppress pen register wire trap and trace device is denied and motion to suppress wiretrap, hes been in prison now 15 years and they had denied an appeal, we are in Fla and need help for lawyer assistance asap.
I don't practice law in Florida. But if he's already been in prison for 15 years, he probably has exhausted any direct appeal possibilities. Nevertheless, I would look for a writ of habeas corpus attorney in Florida and consult with them about whether a collateral attack upon the conviction is feasible. Good luck and thanks for your visit.
Hey Stephen Jose here quesiton was how long do u have to wait to file another bond hearing or can a skilled criminal defense attorney possibly get a defendant outta jail at any point in time? Thanks
The lawyer presents these issues to a judge. The judge has the authority to get the person out of jail, not the attorney. If the judge denied relief before, and circumstances have not changed, don’t expect the judge to do anything different the next time. If there are changes in circumstances, then they might have a chance with the same judge.
@@GustitisLaw circumstances?
Financial, personal, family, employment, legal, health, etc. These would be presented at the first hearing. If you try again later, without any change in circumstances, why would you expect a different result?
@@GustitisLaw makes sense males alotta sense thank u sir can u make a video o dealing with bitter ADAs and what to do if the judge attacks ur family member instead of hearing a case
@@GustitisLaw o and make a video where u explain how to tell if the DA is bluffing or not
Telling an officer you are disabled having TBI both legs have instability issue from the military even one leg had pins plates and screws installed after shattering an ankle 7 months before the stop plus I am overweight . Officer was well aware of this still asked after I did not want to. So I tried until my leg hurt so bad I said no more. He then said on the search warrant I failed the FSTs and drew my blood. Would the FSTs being thrown out invalidate the warrant?
Not necessarily. The problem is the officer did not know whether you were telling him the truth or not. It's not their job to determine truth. It's their job to gather facts. The truth is someone else's problem. The prosecutor.
@@GustitisLaw disabled veteran license plates and the cops looked at my leg and my cane in the back seath I thought it was pretty obvious with my disabled card in my wallet
@@matthewswann5443 I'm not sure what you'd like me to comment on.
If I were pulled over for a traffic violation and had my vehicle searched, (with no consent nor reasonable suspension) and they find a firearm, assuming I’m found innocent of possessing that firearm on the basis of unlawfully search and seizure, would I recover the seized firearm? Does this sort of situation have the same out come with drugs instead of a firearm?
If you are asking whether you get your gun back after winning a motion to suppress, I'd say that depends upon whether you are allowed to possess a firearm. Other than that, I'd guess you get the gun. If the drugs are contraband, like marijuana, cocaine, meth, and the like, you will never get those back since it's illegal to possess them.
Whoa does duck duck go provide confidentiality on here mr g?
Does duck duck go provide security on here mr G?
@@ronadkins6215 I don't know what you are talking about. Everything that is posted here is on the Internet for the entire world to see.
@@ronadkins6215 No. This is not a confidential setting. No attorney/client relationship is established and everything posted here is on the world-wide-web.
I subscribed. I was arrested and illegally pulled over but had an active warrant in another county. I was not driving but we were pulled over and he came to my side. He ran my name for some reason without me committing any offense. Is that legal.
Probably. How do you know the stop was illegally?
I was called on by a Karen saying that I was driving reckless and I looked tired. I was already pulled over in a BP parking lot eating. So here comes the police. They didn't witness me driving. She smelt beer and I had drunk a couple beers earlier. I had proper insurance and license. I then told them I had a bad neck back and shoulders. I told them I couldn't walk a sobriety because of my back and balance problems. The police then told me to turn and face their car where excessive force was used. I had to go from the police station to a hospital because I had pain from my back to my chest. I didn't have a heart attack but I had whiplash. I am a fragile woman with chronic pain and on several medications. I am now going back to a chiropractor. My license were suspended that night the first thing they did was tow my car after they searched it. Could you please give me some advice. They didn't site me for reckless operation or even a moving violation. They went by the callers call. So why not give me a reckless op because the Karen definitely told them I was going to crash. I am 57 yrs old and have never had a DUI
I cannot provide help or advice since I've not independently investigated all the facts and circumstances surrounding the case. Not to mention I've not been hired to represent you. Talk to your lawyer about your questions. They are in the best position to give you informed advice. Good luck.
after i declined a search of my car the dog showed up and gave a hit by the trunk. That's what have them what they called probable cause ..after an extended search of my whole car they opened my hood of the car and found some bs. Is looking under the hood thing legal?
It might be. Please discuss this case with your defense attorney. They will have access to the facts and law applicable to the case and can then give you advice about how to defend yourself.
Quest for you what’s does Division Assignment mean?
I do not know. I'm sorry.
My brother overdosed and was revived with narcan by the EMT. He was severed a warrant for "possession of a narcotic" about 5 weeks later. He was brought to the hospital by ambulance unconscious. The state of Indiana used the use of narcan as probable cause. He never signed anything at the hospital and was released to his own care. There was no officer present. We are currently waiting for the discovery from this charge. Looking for some guidance....
Is your brother represented by legal counsel?
@@GustitisLaw he has a public defender who is also a stand in judge. She has not returned our calls. My brother has filled a motion to supress pre se and I have requested all medical records and a copy of the log showing dates and times his labs were released.
* pro se
What about interrogations using a telephone? Are they legal to do?
Yes. And they don't have to read Miranda.
I quoted 1.46 OhioApp 3D 245. 253 (State v Young) and 438 U.S 154 (1978 Franks v Delaware) bc no Pc existed for cop to initiate traffic stop. Turned into pursuit and pursuing cop terminated pursuit after 55 seconds on city roads and another agency picked it up. Car crashed. Split in 2 and no diver but conflicting reports that passenger was and wasn’t ejected
I am not familiar with Ohio law, consequently I cannot respond to your comment. I apologize.
The police circumvented the eviction to get around our 4 th amendment .They asked to search even before we knew why they were there when i refused. The hotel management stepped up and said we were going to have to leave .Dont police have to stay within the scope of the original investigation until its conclusion or witness undeniable contraband in plain view? (Mincy v Arizona)
Without a thorough understanding of the facts and circumstances surrounding your case, it's impossible for me to say. I'd discuss this important matter with your defense lawyer.