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Recent Motion to Suppress questions

I have my best friend that lives in iowa me and him went out

I have my best friend that lives in iowa me and him went out drinking at club downtown dsm that has cameras outside the building with the clubs in them covering entrances and side walk where people hangout after leaving club or to smoke cigarettes or call ride or something recently added cameras well we were at club drinking by 1:30 I went out smoke cig he stayed inside on dance floor and I needed up helping someone use their phone to get Uber because I wasn't drunk had only couple and it became close to 1:45 1:50 ish so last call was over people leaving I ran back up I had VIP so they let me back in to find my friend couldn't locate him so went back down the main entrance ( there is back entrance too) in corner that wouldn't be as Loud called his cell phone couple times and messaged him he finally answered my third call but wasn't talking to me I heard him saying officer I got punched idk what happened why am I being held and etc.. while I was yelling his name get his attention finally says hey I said where are you he said back entrance and gave meLocation I said I'll be there don't say anything else or talk to the cops at all I'm your ride home and ran to area he said he was and saw some people ( drunks from club ) and others gathered around and ambulance there with a cop car and officer standing infront of my friend and another standing near them but kept walking away to car to the crowed and stuff being busy asking questions or whatever he was doing so I go up to my friend seeing he isn't in handcuffs asked him what's going on like I just got there and suprised by the situation and the fact that his lip had busted and was bleeding he said nothing I got punched knocked out and when I came to it the cops were hovering over me and now I'm here I asked who punched him he said he didn't know someone had snuked him ( meaning getting punched by someone while he was talking to someone else or was doing something else and not in confrontation with guy who assaulted him) and I said why he said he really has no idea I said ok got officers attention who was guarding him asking him same question he said it's being investigated and I asked anyone else in custody or are you guys holding someone else in this incident he said not at moment I said well I'm his roommate was here to pick him up and give him ride home so if he isn't under arrest he should come with me officer said no he can't leave I said is he under arrest he said do u see him in handcuffs I said no so why can't he leave with me and he said it's being investigated step back don't mess or ( used different word ) with investigation and so I started thinking of anything to get officers in the wrong I said has anyone checked his mouth cause paramedics where standing couple feet away by ambulance and could hear everything we were saying and officer said he refused a check up so I asked my friend ( from now calling my friend Matt) if he refused he said no I said he hasn't refused why won't you guys check his injury his mouth paramedics ignoring me I said it again why? While IGot closer to Matt and officer and stuff to get a response the officer turns to me pushes me to the side walk says stand here don't come into street so I pulled my phone out started recording now asking matt hey you want you mouth checked he saying yea I do while you can see the blood run from his lip to almost his chin few inches and a little swollen lip and then me saying he wants his mouth checked I'm recording this while I step closer and close get response and better view on camera not realizing I'm off side walk asking Matt same question and saying why isn't he being treated orLooked at and why are you paramedics just standing there and officer again gets frustrated and pushes me back on side walk says record all you want but this is last warning stay there don't come any closer and I have all this on recording and while all this is going on at a time you can hear the officer ask the other officer so what are we getting him for or something like that meaning what are we arresting matt for because now he is in handcuffs ( handcuffs got put on him right before I started recording) without giving him reason for arrest at time and then walking away with him at end of video saying getting him for disorderly conduct and i said you can't arrest him for that when I was here toPick him up waiting for him to come downstairs from club and he gets assaulted so that is reason you guys show up in first place because he was knocked out lying on side walk or street and without arresting the guy or investing to find person who did this and being on his side as they should have been cause he was victim they make a case on him using disorderly conduct just so they have a arrest so they can say they have done their job . Well after they arrested him they never read him his rights and searched him finding a small amount of cocain .so they end up charging him with disorderly C and possession CS

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Lucy, Esq.

Juris Doctor

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They had the right to arrest me on the warrant even though

They had the right to arrest me on the warrant even though it was a misdameanet warrant and after 10 pm?

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LegalKnowledge

Juris Doctor

37,746 satisfied customers
I was arrested yesterday on my booking card it says, reason

I was arrested yesterday on my booking card it says ,JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: reason for incarceration/ on view bookingJA: Has anything been filed or reported?Customer: I have been charged with drug passion, but there was know reason for searchJA: Anything else you want the lawyer to know before I connect you?Customer: no

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RobertJDFL

Attorney

Juris Doctorate

15,296 satisfied customers
Well my daughter got pulled over. They made her walk the

Well my daughter got pulled over. They made her walk the walk an the breathalyzer which they made her do 2 times..JA: What state are you in? It matters because laws vary by location.Customer: Then he took her to the hospital for blood work but cuffed her before going to hospital with out reading her her rights... Before they went to the hospital her searched the car never ask!! An took pills from her pocket book! Then accused her of dealing.. he shouldn't​ have went through her stuff. Then he left her pocket book an phone in the car to be towed! This doesn't not sound right to me. An there are many more issues that do T seem correct w this eitherJA: Has anything been filed or reported?Customer: This happened in PAJA: Anything else you want the lawyer to know before I connect you?Customer: Nothing has been file as of yet. He said 2 mths before we would get anything. There was another cop there also an the cop that stopped her would not give her his name. He also gave no for number. An I picked her up from the hospital so she was never finger printed or anything

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LegalKnowledge

Juris Doctor

37,746 satisfied customers
My husband is currently in jail for a pocs charge from 2008.

My husband is currently in jail for a pocs charge from 2008. His bond is 100,000. I have an attorney that I have paid in full the $5000 he charged. I looked on his website and it says that he bonds out clients he is representing in criminal cases. Shouldn't he be able to bond out my husband?JA: What state are you in? It matters because laws vary by location.Customer: texas. heis in Johnson county jailJA: Has anything been filed or reported?Customer: motion to suppress and discovery and they were going to file for bond reduction but my atty is dragging his feet. they set him for court for april 20JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,230 satisfied customers
Man went to had a couple of drinks. Was feeling sick, stuck

Man went to Hooters had a couple of drinks. Was feeling sick, stuck head out window to vomit. While doing so veered to left hit van on its side. Police Officer #1 arrived questioned young man who said had two drinks. Man was handcuffed and placed in police unit. A while later Police Officer #2 arrived discussed case with P/O #1. Does not appear he interviewed defendant. On video you can hear Officers boy say they were not certified to conduct field sobriety tests. They had truck tolled away. No Miranda warnings were given. Defendant transported to jail. Later blood test result showed a .25 alcohol level. Question: under these facts do I stand a good chance to have case dismissed on a motion to suppress based on fact neither Officer was certified to perform a FST?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,230 satisfied customers
Defendant is charged with Poss of Controlled Sub in 2003.

Defendant is charged with Poss of Controlled Sub in 2003. Prosecutor files Allegation of Prior Conviction of Felony(Nebraska). In a later motion to Suppress Evid STATE admits that the disposition of the Nebraska case is unknown at time. DEF told his counsel he was not a conv felon. State offers pleas to Defendant that incorporate he is felon. Defendant was not aware that Prior is being included in Plea(s) offers. On the 1st day of trial STATE dismisses the Alleg of Prior and offers a new plea to defense counsel. Defense Counsel tries unsuccessfully to contact defendant regarding plea and whereabouts. Defendant did not show up to court for any portion of trial. Defense Counsel objects to trial in absentia but offers to judge that he is in contact with defendant (Def never spoke to defense) Defendant Found guilty in absentia. (only 5,000 of the 75,000 secured bond was forfeited) Defendant was never sentenced. Defendant arrested in Dec 2016 for Bench warrant for case and new charges) What is the likelihood that defendant can appeal the verdicts? Is this ineffective counsel considering defense never motioned to remove allegation even though in a motion he states that Defendant is not a felon? Wouldn't the defense counsel have a motive to lie about being in contact with defendant?

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Hammer O'Justice

Attorney

Juris Doctor

4,852 satisfied customers
I never received t information of the affidavit for a search

I never received t information of the affidavit for a search warrant. it was sealed. I believe my 4th amendment was violated..can a Los Angeles law enforcement officer search my home with a Los Angeles search warrant. I never received my discovery.. I had a paid defense attorney. but I believe he dropped the ball. and allowed the prosecution pull the wool over my eyes.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: californiaJA: Has anything been filed or reported?Customer: yes.. the case is still going on.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm on another case ontop of the first. the first is on the back burner.. why would a judge hit me with taking away my 4th until the preliminary ?

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Chris T., JD

Lawyer

Doctoral Degree

7,614 satisfied customers
My husband was at home when a police officer knocked on his

My husband was at home when a police officer knocked on his door. The officer was at the wrong house and wanted our neighbors house instead. While the officer was at our residence he smelled marijuana. He obtained a search warrant for the property my husband was at and found less than a quarter ounce of marijuana. (I use the marijuana to help my MS though only the oil kind is legal for this in Wisconsin but is too hard to obtain in the state) The search warrant describes the house we live in (but don't own) but also says it is for my Husband's property.Is the smell of marijuana at the wrong house enough to get a warrant?If the house, though described in the search warrant, but not property of my husband still legal to search?

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Dwayne B.

Juris Doctor

38,180 satisfied customers
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