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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Drugs were allegedly taken off of my son at the police

Customer Question

Drugs were allegedly taken off of my son at the police precinct. In the chain of custody report, the police officer writes that these same drugs were actually taken from under a sink from an apartment, where the drugs were already suppressed due to a warrantless search. However, he was charged with possession of intent and the drugs were never retested. Is this legal? And is there any suggestions for recourse?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends on context. Was the apartment your son's?

Customer: replied 1 year ago.
the apartment was my son's and he took standing for it. However, the drugs found in the apartment were suppressed as the police entered without a warrant.
Expert:  P. Simmons replied 1 year ago.

Thank you

If the drugs were suppressed, then they can not be used at trial. So what is the issue (or question) please?

Customer: replied 1 year ago.
When the drugs were suppressed at a motion hearing the prosecutor said, she was going to charge him with possession to intent to distribute based on Funkhouser. While the detective was in the apartment looking for someone that may be injured he called for a K9. The K9 came and barked after sniffing my son's car and no drugs was found. Because the K9 barked they said he could legally be arrested. At the precinct, the police allegedly found drugs in his cavity. At the trial hearing for the "intent to distribute" there were no drugs presented from the precinct where they supposedly found drugs on my son. All the drugs presented were from the apartment and had the apartment address on them. Should he have been found guilty? Is there any recourse or action that I can take?
Expert:  P. Simmons replied 1 year ago.

Thank you

You mention he was found guilty. Was this pursuant to a plea? Or did he go through a contested trial?

Customer: replied 1 year ago.
bench trial
Expert:  P. Simmons replied 1 year ago.

Thank you
It sounds like you have a complex question. can you tell me, what is it you are looking for? Are you looking for insight into what the "case law" (you mention Funkhouser...I assume you are referring to the case State v Funkhouser which is case law) that governs this matter?

If not, can you tell me your question?

Customer: replied 1 year ago.
I am referring to State v. Funkhouser. My question is, the drugs from the police station was packaged in and sealed with the drugs from the house. The chain of custody form indicated the drugs were found under the sink in the house where the evidence was suppressed. His attorney advised him that he could not be charged with the drugs because they were never analyzed. But yet he was found guilty, what recourse does he have?
Expert:  P. Simmons replied 1 year ago.


How long ago was the conviction?

Customer: replied 1 year ago.
Last month
Expert:  P. Simmons replied 1 year ago.


Are you planning to appeal the conviction? Or are you looking for insight into the viability of such action?

Customer: replied 1 year ago.
Insight, was the judge correct in his decision. Especially after saying to the prosecutor, " Ms. Blank, you have a big problem, a big problem here. This is the sloppiest police work I ever see." Then pronounce my son guilty. My attorney said, the chain of custody was broken. He even pointed out in court 17 grams found in the house turned to be soap. Also, the detective said, sometimes he package drugs from the same case together. Is it legal to package drug found in different locations together? and why did my attorney say, the drugs from the prescient had to be retested?
Expert:  P. Simmons replied 1 year ago.


To answer this question, I, or any attorney, will need to

1. Spend time with you or your son to get the details. You have given a cursory understand how the law applies to this, a detailed inquiry must be performed.
2. Research the case law (like Funkhouser) to determine how the facts apply.

I can do this. Or any attorney with experience in case law research can do this.

But it will take time...
I anticipate 2-3 hours.
Accordingly, I will send you an additional services offer. If you accept we can proceed.

Expert:  P. Simmons replied 1 year ago.

Follow up, wanted to know if the offer for case law research went through. Let me know your thoughts. I am happy to opt out and allow another expert to assist if you like