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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27076
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My house was raided by sherif deputies, they did not present

Customer Question

My house was raided by sherif deputies, they did not present me with a search warrant until I was booked,when they did show me the search warrant it said they were looking for heroin and methphatamines,I never sold anyone heroin or methphatamines but my
girlfriend did they ended up finding a little heroin and a little methphatamines and took us both to jail what was their probable cause to get a warrant
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


If they had a warrant -- they did even if they didn't show it to you until you were booked -- that means they had enough evidence to present to a judge and which convinced the judge there was probable cause that contraband would be found on your premises.

It's not possible to determine what their probable cause was because I don't know what went on behind closed doors when the police saw the judge. But if I had to guess, they had an informant. In any case, as part of the fighting of this case, you would be able to get the discovery and learn the basis for the probable cause and also to challenge the probable cause and any irregularities relating to the search.

Customer: replied 1 year ago.
Another thing is,the Warrant said "No Knock"But they didn't execute it until I walked out of my condo to talk to a friend of mine,one of the Cops said"we have been waiting 2hrs for you to come out" Why did they have to wait for me to come outside to finally execute their warrant
Expert:  Zoey_ JD replied 1 year ago.

Honestly, your guess is as good as mine. They didn't have to do that.

All I can tell you is that you can explore this at a suppression hearing if you fight this case and want to challenge the search and the probable cause. It may be, for example that they didn't actually have the warrant at the time of the search. That is, some officers were waiting outside of the premises while others where dealing with a judge to get the warrant. So the team may not have known they had a no-knock warrant. Then the timing of the search could raise possible constitutional issues.

This is, of course, just a guess.

Customer: replied 1 year ago.
The date of the Warrant said August 26,well they ended up raiding me on August 27,one officer said "We came here yesterday,We seen you go get your mail"So they could have raided me on the 26th which is the actual date of the Warrant but they didn't,Well on the 26th my Girlfriend was gone all day and didn't return until like 5 am,So I'm guessing that they must of couldn't raid me without both of us being there,and they probably got a tip on the 27th that she was there,but they were uncertain if I was there,that's why they had to wait till I came out to identify me to make sure I was there
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. I left the computer to walk and feed my dogs.

They could have arrested you on the earlier date, but yes, it's entirely possible that that they wanted to be sure to get both of you at the same time. Getting only one of you could allow the other to get and destroy any evidence the police didn't find initially.

Customer: replied 1 year ago.
how do I fight this? I didn't sell anyone Heroin or Methphatamines, My girlfriend had to been dealing with an informant that gave her up,so what are my chances to get out of this?
Expert:  Zoey_ JD replied 1 year ago.

You are being charged along with your girlfriend because the state is assuming, correctly or otherwise, that you are aware of her selling and are assisting her in the enterprise. You don't actually have to be selling the drugs yourself to be charged with and potentially convicted as her accomplice/co-conspirator.

I don't know the facts and circumstances of your case. I have seen cases like yours where on the arraignment day, charges are reduced or dismissed as far as you're concerned and the state just goes after the dealer. I have seen others where the case against each of you will proceed. It will all depend on the evidence the DA thinks he has and what he believes he can prove beyond a reasonable doubt.

So with that in mind, you have to expect that the state may proceed against you. How much you knew about her dealing and whether you assisted her in any way that would make you criminally liable would then be a question of fact for a jury to determine. Or, of course, there may also be an offer on the table for you. Either way, in order to fight the charges, you're going to have to get a criminal lawyer. It cannot be the same one as your girlfriend because that would create a conflict of interest for the lawyer and he would not be allowed to keep both cases.

Customer: replied 1 year ago.
I have 3 address,The one that they raided I don't live there,I actually live with my girlfriend and I could prove that, although the spot they raided was in my name I don't live there and I have proof that 3 of my friends live there,I just go there when me and my girlfriend are mad at each other,and It's 100% fact an informant couldn't tell them I sell drugs but my friend does,so if I could prove all this will I be excluded?
Expert:  Zoey_ JD replied 1 year ago.

It doesn't matter where you live if the prosecutor can establish that you knew of your girlfriend's sales activity and were part of the criminal enterprise. You could still be charged along with her. The evidence may prove to be much stronger as to her than as to you, but if you and your girlfriend usually live together and she sell drugs and the the friends whose houses you visit also sell drugs, the fact that you have 3 different addresses probably isn't going to be enough to eliminate you as a co-defendant.