We finaly won one

[deputydawg]

Finally the courts made a ruling that makes sense! <br />in November 2003 I executed a search warrant on the biggest dealer in my area ending a 4 year investigation. We ended up seizing several pounds of weed, the largest seizure of meth in this county, and a lot of prescription meds. <br />During the preliminary hearing to get the case sent to District Court the state lost based on lab reports not ready yet. The lab is backlogged too far. The district attorney re-filed and on the second go around the state won the preliminary hearing sending the case to district court.<br />The defense filed a suppression hearing back in October. They suggested that 1, the warrant was served with "too much force". This was based on officers entering the residence with guns drawn. At the time I knew of 4 users in the residence with history of carrying weapons and violent acts. 2, the warrant should have been a "daytime" warrant, not to be served at night. 3, the warrant should have been a "knock and announce" warrant. These are areas that have been fought hard in the courts. In the good old days we could get a warrant that did not require us to knock on the door and announce who we were, then wait for the occupants to open the door for us. Now it is very very hard to get a no knock warrant. Courts have indicated that the destruction of evidence alone is not enough to violate the rights and enter a home without announcing first who we are and what we are doing. And the final arguement was that I lied on the application for warrant.<br />Finally last week I got the answer. The judge ruled in the states favor on ALL points. Even the no knock side, we saw someone running as we approached the house and heard them yell "flush it the cops are here". At that point we broke the patio door and entered. <br />Win one for the good guys finaly! <br />Now we move on to trial, so in another about 10 months we should have the defendant on probation for a few months.

 

[SpinnerBait_Nut]

Re: We finaly won one

And that is what burns it for me.<br />Congrats on the win for the good guys, but it really steams me to think about all the work and danger the police go thru to get this stuff to trial, and then the perp get's cut loose with probation.<br /><br />What I know of drug dealers, is that they don't care in the first place and probation is nothing to them, it's just a thank you to the courts for letting them back out to make some more dope. <br /><br />2 types of people I have no sympathy for is drug dealers and drunk drivers.

 

[PW2]

Re: We finaly won one

Here in Northern Michigan the growth industry is building more and more prisons to house mostly drug offenders. It seems the goal is to move metro Detroit to the north.<br /><br />Not everyone is getting probation.

 

[kenimpzoom]

Re: We finaly won one

Good one DD.<br /><br />Aint it sad that the criminals take advantage of the laws made to protect the innocent.<br /><br />I know it makes your job very hard, but those laws are required to protect innocents from the police.<br /><br />Sounds like yall minded your Ps and Qs, so the bad guys can go to jail.<br /><br />Ken

 

[JB]

Re: We finaly won one

Oh for the old, Texas days of, "Git a rope!"

 

[Parrott_head]

Re: We finaly won one

One for the good guys!!<br /><br />Glad to hear the judge used what sounds like some common sense in his ruling. <br /><br />The laws on search and seizure were written to protect the citizenry from over zealous law enforcement. <br />As much as I hate seeing some folks beat the system, we really don't need the kind of justice portrayed in the movie "The Ox Bow Incident". <br /><br />Down in Ada, Oklahoma about 1909 or so there was a situation where four men were in jail for murder . The men hired an lawyer known to threaten the lives and homes of jury memebers to win acquital.<br />The town folk handled the news rather well.<br /> "Four Men Hanging" a suspended sentence

 

[aspeck]

Re: We finaly won one

Congrats DD! Now, have a donut from "Perp's Pastery and Confectionery Centre"! You deserve it!

 

[Fly Rod]

Re: We finaly won one

Originally posted by JB:<br /> Oh for the old, Texas days of, "Git a rope!"

"Right on JB"!!!!!<br /><br />Seems like no matter what state, they give the dealer probation!!! Blame the "Lawyer"!!!! they are the ones that help ruin this country!!!<br />You would think that the judge would lock em up and throw the key away!!! Damn drug dealers ruin the life of to many children!!!!

 

[12Footer]

Re: We finaly won one

What JB said....And ,"whiskey for Deputydawg, and high octane for his Chevy"!

 

[Bass Man Bruce]

Re: We finaly won one

Ditto to all of the above, Drive on deputydawg!

 

[deputydawg]

Re: We finaly won one

Close 12footer, Ford is my first choice, then i'd go for a dodge. But the whiskey sounds perfect.

 

[deputydawg]

Re: We finaly won one

I am laughing hard today. <br />After winning the first hearing the defendant was bragging around town that he paid a high price lawyer and got off. He was bragging that as guilty as he was his lawyer won it, and his lawyer was the best person in the world. <br />NOW he is around town complaining that his lawyer is terrible and whining that he is going to fire his lawyer and appeal based on poor counsil.<br />What a moron! Just accept responsibility and take it like a man.

 

[KaGee]

Re: We finaly won one

Originally posted by JB:<br /> Oh for the old, Texas days of, "Git a rope!"

Ya know, I'll bet they didn't have too many repeat offenders back then!

 

[jtexas]

Re: We finaly won one

No-knock warrants, daytime only warrants, and even if you're right they still throw it out? First time I ever heard such nonsense. "Oh,oh, oh, his gun was drawn, that's cheating! ...whine whine whine...no fair you got to play by the rules." <br /><br />Sorry you got to jump through all those hoops, DD, thanks for stickin with it.

 

[kenimpzoom]

Re: We finaly won one

Can they prosecute the high priced lawyer for taking money gained from drug sales?<br /><br />I dont blame the lawyer though. As long as the police do everything by the book, the judge will find in the police's favor.<br /><br />This is how our system works.<br /><br />I would really suggest to all law enforment to get all evidence on videotape. It is hard to prove the video is lying.<br /><br />Ken

 

[deputydawg]

Re: We finaly won one

I took this guys money, about 2000 in cash sitting around the house. The court made us give it back, but it went straight to his lawyer.<br />I don't have hard feelings against MOST lawyers. They are there to look out for the defendants rights and make sure everything was done with their rights in mind. But this guys lawyer is one of the few crooked ones in this area. I remind all of our guys that the better the case is the worse the lawyer acts. If they can't fight the evidence then they have to fight credibality, the only way to win. He is very good at this and almost landed in jail last hearing over personal attacks against officers on the stand. <br />I really really irritate this lawyer though. I look at him with a smile and calmly answer all his questions. When he really got off the wall on something he was trying to pull I couldn't help myself and started laughing at him on the stand. He really hates me now. Whenever he asks me a stupid question I act like I don't understand and repeat the question back to him. Kind of made him look bad, but the judge gave me a pat on the back for it.<br />And yes on most warrants we have to knock on the door and announce police, search warrant, then give them reasonable time to answer the door. If they don't answer we again knock and announce police, search warrant, we demand entry. if they still won't open up then we can kick the door. Have to make sure they have time to load the guns and flush the dope. <br />it is good the courts are respecting and protecting the peoples 4th ammendment rights, but it is a little overboard.<br />Federal warrants I serve are all knock and announce. With the exception of a new law that came out with the homeland security act. We can do serupticious search warrants. These we can serve without leaving any receipt for property removed or notice of the warrant. These are cool, we wait til the turd is gone break in and rip off is dope without telling him. Then we sit back and wait to see who he blames. Revenge is a great motivation for signing an informant.

 

[ebbtide176]

Re: We finaly won one

lol DD