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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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A search and arrest warrant was issued and executed on my appartment.

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A search and arrest warrant was issued and executed on my appartment. Drugs were found and my boyfriend and I were arrested. When the police arrived I was wearing only a bathrobe that did not have any type of closure. When they went to hand cuff me I insisted that I at least be given a shirt to hold the robe closed. There were no female officers present. I also asked to be allowed to put on some pants and to take my wallet (ID, SS card, money, etc.) Both were denied yet I remained completely calm and followed all instructions, despite my near nakedness. Once I was booked into the jail, interogated, and waited some time, I was given a slip of paper with a number and instructions on how to use the automated phone system. I tried for atleast ten minutes to try and get the system to recognize my voice but wasn't succeeding. So I asked the officer at the desk if I could please get some help. I was told in a snotty way that 100's of others can get it to work and they weren't going to put up with any fits so I was taken back to my cell. After being in a holding cell for 3 days, I finally asked (begged) to not be locked in a room all by myself (with no window to outside or tv) anymore. I was moved to general population where one of the other female inmates used her phone calling numbers/ name to allow me to get a phone call out. I called my dad who posted bond and had me out in 2 hours. When I got back to my appartment it had been completely cleaned out. I had nothing left, no I.D., and still no clothes to put on. Were my rights violated?

I would suggest that it appears your rights may have been violated on a couple occasions by law enforcement. First, they clearly could have handled the situation at your home much better. While there is no legal requirement that a female officer be present, it would have been prudent to have done so. Even in the absence of a female officer, they still good have given you some clothes to wear. Then, once at the jail, they should have done more to ensure that you had the ability to place a phone call. This is something that could have been easily cured with just a minor amount of effort on the part of law enforcement.


With these things in mind, I would urge you to consider retaining an attorney for this matter. A competent criminal defense attorney could certainly use these things to your advantage when negotiating a resolution with the prosecuting attorney. While these things do not eliminate any alleged criminal activity on your part, they can still go a long way towards mitigating the damages.

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