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I AM CHARGE WITH POSSESSION FOR SALE! my appt is a 1 bedroom no big at all. almost impossible for me dont hear them knock tedoor

Van Nuys, CA |

im not a american citizen and last summer i got a DUI wich means im on probation.
recently the cops came to my house having a search warrant with them!
they started the operation at 7. they waited for my roommate to get out of the house(he gets picked up to go to work) the police waited for my roommate to get in the van.. they stopped the van after a few blocks they took my friend out of the van pointing him with guns.. he doesnt look like me at all.. and in the description of the suspect(me) it says clearly how i look and he doesnt look like me at all!
my roommate barely speaks english and they handcuffed him and took his key for the appartment and drove back to my appartment they didnt announce themselves.. in the first preliminary hiring the police officer said he did..

like i said my appt is 1 bedroom impossible to missed a hard knocked from the police. when they came in i was asleep in my bed. they told me that if i dont help they were gonna take me and my roommate.. my roommate is really young and i didnt wanna fuck his life.. i told them were the drug was(1.9 grams) and they found baggies, a scale and few phones.. one of them has messages of me dealing with some people.. i declared to the police man that i was selling it.. that i did it for a few months only and that i didnt have much costumers, that i did it because i recently lost my job.. i said all that because i didnt wanna make my friend go tru all of this. now the search warrant has a wrong date when it was signed, also in the statement the police officer never wrote if he knocked or not.. it also says that he used the key to get in my appartment, my friend told them that i was at home sleeping in my room. also like i said they told me that if i dont accept all those things they were gonna take my friend..

Attorney Answers 3

Posted

I am not sure what you are asking. There is no question here. It sounds like you have a lawyer if you went through a preliminary hearing. You should talk to him or her. You seem to focus on the failure to knock at your apartment door. A knock may or may not be necessary depending on whether your roommate gave permission to the police to come in. Even if the police don't knock it makes little difference in the criminal case. Knock-notice is a requirement but there is no remedy anymore for a violation.

You and your roommate have immigration consequences to think about as well as the criminal case.
The search warrant and the affidavit that supports the search warrant are important to review.

There may be a Miranda issue, meaning whether your statements to the police were taken after being advised of your rights to remain silent or before. There is a remedy of exclusion of your statement if Miranda is violated.

Please communicate with your lawyer about all of this.

Every case is different. Specific facts of your case must be applied before relying on an answer to a general question. The answer given here is a general statement of the law on the issue that you presented in your question.

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Posted

I am not sure what your question is, but it sounds like you confessed quite a bit and they found a scale, as well as messages of you engaging in sales. I suppose you want to know if the error-filled search warrant is enough to have your case dismissed. The answer is no, as long as the police rely upon it in good faith, which is quite likely once the police find something.

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Posted

Some search warrants require a knock notice but many do not particularly in drug cases where the evidence could be destroyed while the police are waiting for you to answer the door. Time to lawyer up.

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