Part 1 is here:
https://www.reddit.com/useskycaptain144238/comments/bvri0a/why_you_should_never_own_guns_in_the_peoples/ I went back to my cell feeling like I was going to throw up. I had to resign myself to my fate. What I could have not known or maybe did not want to know at the time, was that this is the head space my lawyer wanted me to be in. Ready and willing to sign any piece of paper that came my way. Any deal was a good deal for him. Less work you see.
Then came the waiting. The agonizing waiting, soul crushing, brain drain that is the justice system. They say the wheels turn slowly but dear god man, a little oil on the bearings wouldn’t hurt. The others I was locked up with were less fortunate, some waiting as long as 2 years for a trial. In total I spent 11 months and 10 days in jail.
A week into being in my cell I was given a graphic novel by one of the other inmates who was being released. It was ironically enough “V for Vendetta” maybe not SO ironic considering that almost all of the men incarcerated here fantasized that they could take down the system. In a similar style too V himself I assume. This caused self refection. Was I a criminal? Did I break the law? How could I have? I have the second amendment on my side?! Right? Right? Wrong. I found out fast and hard that the state treats not just just parts, but all of the Constitution like some sort of rag that a group of lunatics wrote 200 years ago. In particular the second amendment was just the rantings and ravings of some long dead mad man, who felt that the people of the United States had a right, nay, a duty to defend themselves and their countrymen from tyranny. Even though every politician in this state had sworn to uphold this document, it was only ever so they could stuff their bank accounts with money.
During my stay at the the local pokey, I was sent to the hospital twice after receiving 2 severe beatings carried out by multiple gang members both times for no particular reason other than to steal what little I had. Fighting back had occurred to me, and heck I had gotten rather good at fighting back in high school, mostly due to a combination of a lack of F’s and my quick cutting wit that much dumber more violent prone people found infuriating. Because of this I had learned to back my mouth up with my fists. I was never one to throw the first punch but sometimes depending on the opponent I was the last. I was, and still am level headed and never quick to anger. Nor have I ever gained ANY sort of pleasure from hurting anyone. Ever. Have I ever hoped that someone would get struck by lightning or get hit by a bus? oh you bet ya’. I digress, The reason I never fought back came in the form of an unusual and interesting visit form an old friend. Get reddy for an M. Night Shyamalan level twist folks, probably followed by a lot of off topic weirdness.
Remember the crazy old man that tipped off the police in the first place? Well here he was, in front of me in jail and in my cell with me, flesh and bone. Honestly It took me a second to recognize him, he was my new bunk mate. Perfect. Here he stood shaking and sweating and avoiding eye contact with me. All I could do was laugh. God I laughed it seemed almost an alien thing to me, after not having done it in so long. I laughed so hard I almost blacked out. I laughed until I could laugh no longer then all I could muster was a giggle that lasted for several minutes.
When I was done I looked at him and asked directly “what are you in for?” he sighed and sat on the bed next to me looking defeated and mumbled “Guns.” I said with astonishment “Guns?” he looked at me and nodded and began recounting his story. “See when I called the police on you, oh and I’m sorry about that by the way, I was jealous, of your guns, I wanted them and I figured if I couldn’t have one, I didn’t want you to have one.” This is where It started to sink in, this man was mentally disabled, he had the mannerisms and speech patterns of a 5 or 6 year old, let alone the sheer level of pettiness that could only be compared to a child’s. With this new information in hand I then asked him “what did you tell the police to make them come to my house?”, this being an unanswered question at this point. He grimaced and said “I told them you where walking around the hallway with your gun, I told them you where going around knocking on doors with your gun I told them this too because I got scared and didn’t want them to find the parts in my house” I laughed grimly and said “How did that go for you” he just slumped down into his chest and exhaled.
I asked him what happened next and he picked up where he left off “they started to talk to the other people in the building about you and they kept saying how you might be a little crazy with because of how you look, and the fact you had women over that looked like hookers all the time” the word “hooker” really stuck in his mouth for a second and his eyes darted too and then away from me “but they kept saying the person they should really be investigating was me”. He looked crestfallen and shook his head in what I could only assume was disappointment in himself.
This was a point of fact though, regarding the other tenants in the building, they where an older crowd who did not appreciate my loud music or the sloppy way I parked my car. Or as I was finding out now the kinds of women I dated. I have and still do have a taste for the dark and mysterious type, in retrospect their clothing choices did leave little too the imagination. But heck I was 21 years old with my own place, the house was always rocking, but still no reason to condemn a man right? Well ok I admit I was obnoxious and I could have been a little quieter and kinder to those folks.
One woman later remarked on the subsequent news article about my case online that she “wasn’t surprised that I was some kind of satanic terrorist bomb builder, hell bent on building weapons of mass destruction, for the express purpose of murdering toddlers and the elderly, because she heard from Betty Lu down the hall who heard from the property manager, that I blew up my toilet on Halloween night” not literally what she said but it was implied. Anyway In my defense regarding the toilet incident, that had NOTHING to do with explosives.
It had everything to do with a “great” decorating idea I had for All Hallows Eve. See I had gotten my hands on dry ice, I was mixing it in to the cocktails to give it that “spooky” witches brew aesthetic that some of the trendy bars do (and yes if your doing your math correctly I was 20 at the time and drinking under age, don’t judge there are far worse things dear reader I’m sure you have done, I won’t tell if you won’t. Deal?) anyway I had a huge surplus of dry ice and whilst draining the alcohol from my body my addled brain decided to completely pack the toilet bowl with dry Ice. Why you ask? Well why not? I ask you. Given the naturally low volume of water that was already in the toilet and the massive amount of dry ice I placed into it, the short version is, I got the porcelain cold enough to freeze the water solid in the trap of the toilet thus breaking out a neat little hole in the side of it. This stroke of brilliance forced my guests to relieve themselves in my sink and shower. Gross? Yes. I know, I was there. Any-who I digress yet again.
Back in the Cell the old man continued by saying “So thats what they did, they searched my house and came up with some gun parts I was collecting to build a gun, they arrested me and now I’m here with you”. This was rich, Karma in action I suppose. Here sat the man who had condemned me, face to face. This was strange, I couldn’t shake the feeling that this was some kind of test. Paranoia has a way of worming it self into your brain when locked in a cell 23 hours a day. I asked him “When did they arrest you” he replied a bit sheepishly “About 5 hours after you, i’ve been in the other side of the jail for 2 months.”
Thats when it hit me, this could not be a coincidence. Out of all the cells in here he was in mine. I felt like I was being watched, like
they wanted to see how I would react. Would I beat him to death? Would I confess things to him? Was he here to gather information on me? Like I said, I could not hold any malice towards this man. He was brain addled, blaming him for his actions would be unfair. But his presence was a good tip off that they either had nothing on me, they they needed more solid evidence. Proof that either I was a dangerous vindictive lunatic like I was portrayed to be or plotting and scheming to do something. After this wakeup call, I realized I was being watched like a hawk, I vowed to never fight back If put into a physical altercation, I would just roll over and take it with the exceptions of rape and being confronted with actual murderous intent. I refrained even more from talking, preferring to remain in my cell and quietly read the books my family had sent to me.
Of the books I requested one was the full writings of Thomas Paine, an English-born American political activist, philosopher, political theorist, and revolutionary, also a copy of the Constitution of the U.S.A.. These books only fueled my fire to get out of the system and initiate change, something I would latter come to find out was a bigger chunk than I could fit in my mouth. “If only I could write a letter to someone and explain my situation” I thought, maybe I would be vindicated. But I could not think of who would care and furthermore If I did know, what was their address? The media sure didn’t care. They where one of the reasons I was not flying under the radar in the first place.
My Father and Grandmother where of great help to me during this time. They visited when they could, and sent me books. An assortment of other friends sent me letters, including my estranged mother in Florida who had done time in prison herself for meth possession. I keep these letters to this day, they mean the world to me and remind me that I can rely on friends even in the darkest of times. If any of you are reading this, Thank you.
My father met up with my lawyer several times. He seemed to think that he was doing right by me. Up until my father brought up the time that he expressed his concerned that I was never read my Miranda Warning, and that my signature was obviously forged on the consent to search form. According to him the lawyer responded in the same manner as he had to me, except going as far as to say “In a case like this, a high profile one, due the nature of the crime and its severity judges are willing to look over trivial matters like this.” Upon hearing this, he tried to hire a lawyer that would take the case but, all of them would either quote him some exorbitant sum of money or would just hang up the phone on him, so he gave up. Who could blame the man?
“Trivial matters like this.” this kills me, even now while writing it.
But that is the point. We can argue all day about the Second Amendment, you can say that citizens have no actual right to bear arms, and you would be wrong in the worst way. But the 4th amendment is clear; “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This is no “Trivial” matter. What had transpired to me was in fact every violation of this human right.
Ah, but for the quick witted and nimble minded, you will pick out the line “supported by Oath or affirmation”. For this to be of any legal meaning, one must sign an affidavit. From the very pages of a legal dictionary the definition is as follows; “
Affirmation. A solemn and formal declaration of the truth of a statement, such as an Affidavit or the actual or prospective testimony of a witness or a party that takes the place of an
oath. An
affirmation is also used when a person cannot take an
oath because of religious convictions.” In short a phone call from your neighbor is not enough. Here is an excerpt from a text book for training police officers explaining the 7 exceptions to a search warrant:
“Knowing how to legally search a person, place or thing and properly seizing evidence are basic requisites to the investigative process. Officers also must have a clear understanding of when a search and/or arrest warrant is required and when it s not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, papers, and effects. The Fourth Amendment also states no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (Minnesota v. Dickerson, 113 S. Ct. 2130 (1993)1. However, both the U.S. Supreme Court and federal courts have carved out specific, limited exceptions to the Fourth Amendment search warrant requirement, which are commonly referred to as the seven exceptions to the search warrant rule. The seven exceptions to the Fourth Amendment are exigent circumstances, search incidental to a lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles and motor vehicle.Exigent Circumstances” Exigent means emergency, which means under life saving circumstances. Example: An elderly person in a wheel chair is trapped inside a burning apartment. Because lives are at stake, an officer can forcibly enter the apartment without a search warrant to rescue the person. The key: time and public need. The officer doesn t have time to get a warrant, and there s an immediate risk of harm to the public that requires immediate official action.
Another example: a situation in which public safety is paramount. If officers are being shot at, they may have to conduct a search of premises or a building without a search warrant because both the officers and the public are in imminent danger. Likewise, if an officer has probable cause to believe evidence is going to be destroyed, or if an officer is in hot pursuit of an escaped felon who runs into a house, a warrant isn t required. In Mincey v. Arizona (1978)2, the Supreme Court ruled officers don t have to delay a search if doing so endangers their lives or others.
Search Incident to Lawful Arrest In a 1973 U.S. Supreme Court decision (United States v. Robinson, 17 414 U.S. 218)3, the Court stated, It is the fact of the lawful arrest which establishes the authority to search, and we hold that in the case of the lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under the amendment.
The arrest must be valid under law. For the search without a warrant to be valid, the officer must be able to specifically articulate probable cause that the person committed a crime and there must have been an intention on the part of the officer to arrest prior to the search of the person. What is prohibited is the search of a person who is not yet under arrest in which contraband is found and then an arrest for possession of the contraband based on that search. The search of a person under arrest is subject to the areas under that person s immediate control (Chimel v. California, 395 U.S. 752 (1969)4.
Example: The police observe a woman with a purse commit a crime. Officers may search her purse without a warrant. If officers find contraband and/or evidence of a crime in the purse, officers may charge the woman for both the original incident and for the evidence found in the purse.
Good report writing is key here. It s important for the officer to articulate the probable cause factors leading the officer to believe the woman committed a crime and the search of the purse was incidental to the arrest.
Consent Officers and prosecutors face the heavy burden of proof, and searching a person or place with consent always presents problematic legal issues. Officers must prove the defendant voluntarily consented to a search, and there were no threats or promises of any kind.
Officers can search without a warrant if they have consent from a person who has the authority to give it. Probable cause is not required if the consent is knowingly and intelligently given.
In addition, there are several legal issues officers must overcome when conducting interviews, interrogating and taking statements and confessions, including:
- Who can consent to a search;
- What constitutes voluntarily consent; and
- What limitations does the law impose on those conducting the search.
Age is also considered in legally defining consent. A child can t give consent, so you must know the age a person is considered to be a child in your state. Likewise, a parent may consent to the search of a child s room where no rent is paid, but a hotel manager or landlord may not provide legal consent to search unless the room or apartment is abandoned.
In addition, it s difficult to prove a person impaired by alcohol, drugs, a mental condition (psychological and/or genetic dysfunction), injury or a language barrier voluntarily gave consent. In a 1990 decision, (Illinois v. Rodriguez 497 U.S. 177)5 the U.S. Supreme Court ruled a person can consent to a search if the facts available to the officer at the time of entry warrant a man of reasonable caution to believe the consenting party has authority over the premises.
Most officers carry a legal form with carefully written consent-to-search language people sign to indicate their voluntary consent to the search. However, in a 1973 Supreme Court decision (Schneckloth v. Bustamonte, 412 U.S. 218)6, the court ruled officers don t have to specifically advise an individual they don t have to consent. A person s consent, even if in writing, can be withdrawn at any time and the police must stop searching.
Plain View If an officer is lawfully in a place and has probable cause to believe an item is contraband, stolen, property or other evidence of a crime, the officer can seize it without a search warrant. This is known as the plain-view doctrine.
In Horton v. California (496 U.S. 128)7, the Court reiterated when an officer has a right to be where they are, anything an officer observes in plain view is not the product of a search and is admissible as evidence. Example: An officer pulls over a car during a traffic stop and sees the handle of a gun protruding from under the passenger seat. If the motorist is not in legal possession of the weapon, the officer may seize it and charge the motorist with a criminal offense.
The courts have also repeatedly ruled that officers may use visual enhancement devices, such as flashlights and binoculars. In fact, it s common for cities to have cameras mounted in public places with officers in kiosks viewing television monitors.
Caretaker Function People routinely turn over found property to the police. Officers on patrol also come across found or abandoned property and take it into their possession until its owner can be located.
Officers taking property into their care can search the items without a warrant. Example: If a footlocker is turned over to the police, officers have the right to open it without a search warrant to determine if its contents are dangerous to them or the public or if its contents can identify the owner.
Impounded Vehicles Inventory Can a car towed by the police be searched without a warrant? In 1976 in South Dakota v. Opperman (428, U.S. 364)8, the court ruled that impounded vehicles may be searched and inventoried using the standard police procedures to secure the vehicles and its contents. This is similar to the caretaker-function exception to the Fourth Amendment.
If an officer found contraband or evidence of a crime during the inventory of the vehicle and had probable cause to believe it belonged to the registered owner or an arrested person, the officer has a basis for an arrest. The court has pointed out that the inventory search cannot be used as a pretext for discovering incriminating evidence, and it s best if a department has written policy requiring officers to inventory all towed and impounded vehicles.
If you want to search a vehicle that s part of a crime scene, obtain a search warrant. If a person was found shot to death in a vehicle, after the body was removed, you d certainly want to obtain a search warrant to thoroughly process the car for items of evidentiary value.
Motor Vehicle Exception Fourth Amendment protection against searching motor vehicles without a search warrant has diminished over time. In 1925, the court ruled in Carroll v. United States (2657 U.S. 132)9 that if there was probable cause for an officer to secure a search warrant, it may be impractical because the vehicle was movable.
In a 1981 case (New York v. Belton, 453 U.S. 454)10, the Supreme Court ruled that when a police officer arrests a person in a vehicle, the officer may search the vehicle s passenger compartment, including any open or closed containers, but not the trunk.
In 1999, the court ruled in Maryland v. Dyson (527 U.S. 465)11 that a warrantless search of a vehicle may be justified if an officer has probable cause to believe the vehicle contains contraband, controlled substances or criminal evidence. The court reiterated that although the search is limited to areas where the officer has probable cause to believe an item may be located, the search extends to any container found that might contain the item.
Keep in mind that stopping a vehicle for a routine violation doesn t mean there s probable cause to believe the vehicle contains contraband, controlled substances or evidence of a crime.
Conclusion It has been my experience that obtaining a search warrant is almost always preferable than searching a person, place or thing without one. Officers must keep in mind that just because we re legally able to search without a warrant, it doesn t mean it s the wise thing to do.
References - Minnesota v. Dickerson, 113 S. Ct. 2130 (1993)
- Mincey v. Arizona (1978).
- United States v. Robinson, 17 414 U.S. 218).
- Chimel v. California, 395 U.S. 752 (1969).
- Illinois v. Rodriguez 497 U.S. 177).
- Schneckloth v. Bustamonte, 412 U.S. 218).
- Horton v. California (496 U.S. 128).
- South Dakota v. Opperman (428, U.S. 364).
- Carroll v. United States (2657 U.S. 132).
- New York v. Belton, 453 U.S. 454).
- Maryland v. Dyson (527 U.S. 465).
Several weeks latter they moved me to what they called the “annex”, basically an office building converted into a mini jail. This is where they put their low risk prisoners. There were multiple inmates in each dorm, all the doors to the dorms were never locked. At some point before I got there, they had covered the windows so you could not see out of them. According to one of the guards, this was due to an incident that had occurred, where one of the inmates wives would stand in the street and expose herself to him while he was standing at the window.
Too compound this misery, we were not let outside at any point. According to the facility staff, their reasoning was that there were no facilities for it. So here I sat tired, beaten, broken, and driven mad from literally walking up and down the hall of this building for 16 hours out of 24 in a day, not able to see the outside, breath fresh air or as fresh as one can get in Newark NJ anyway, but it was all I could do.
After several months of this, there came word that my lawyer was coming to see me. The day came and I was led to a meeting room, in my right hand I held my copy of Thomas Paine’s Rights Of Man. In my left my case file. I was totally unprepared for what was about to happen next. He entered the room with a smile the first time I had seen him do so and plopped a pile of paperwork on the table. “I have good news! your judge and prosecutor where changed and he is willing to cut a deal”. I was not happy with this, I wanted the case thrown out on the grounds of illegal search and seizure.
I expressed this to him yet again to no avail. He just said “listen, this is a good deal, 5 years probation and a psyche evaluation. Thats it.” He sat back in his seat and continued “You could be out of here in the next couple of days, you could be back home” I became despondent, then I processed the information and it strengthened my resolve. I blurted out “why would they give me such a great deal, unless they hoped I would take it and avoid trial.” he was nonplussed by this, and retorted “As your legal council I am telling you to take the deal, if you want to take this to trial it will be another year at best, on top of that you are most likely going to loose”. I never took into consideration even the thought of loosing, it wasn’t possible in my own mind. But when I showed the court evidence that there was wrong doing on their part. I was going to be sentenced for a minimum of 35 years. He was right. I was wrong.
None the less I continued to try to rationalize this, “I didn’t kill or hurt anyone nor was I planning to, and they didn’t find any evidence that suggested I would, and furthermore in all of the interviews the FBI did with my friends, family and co-workers, they could not find one person that had any doubt of my sanity or morale standing, not one.” this was met with silence.
Looking back at all I had been through, the corruption, the deception. I knew it in my heart. I was going to loose if I took this to trial. So slumping down in my chair I said “ok we do this your way, for the record I am not happy with it.” he sighed “you are making the right choice, your charges will be downgraded too 2, failure to register a firearm and the improper storage of dangerous chemicals, think of it like this, you complete the probation and 5–10 years down the road after your final day you get your record expunged.” This is unique to NJ, for certain offenses your criminal record can be sealed all the way up to the federal level. All for a hefty fee of course.
A week passed and I had my day in court. While being held in the cell adjacent to the courtroom the prosecutor came in to speak to me. He was nice, an older gentleman from the midwest as I can recall. His tone was that of sympathy, and I’m still not sure whether this was some sort of ploy to get me to agree to the deal but I had already signed the papers so probably not. Regardless of that he explained that there was media outside and because of that he explained “We can’t just throw this case out you know, the media is still keen on seeing you convicted.” and thats when it all came crashing down around me.
He knew, this man knew my rights had been infringed. He knew that If I had gone to trial I would have been acquitted on the spot, but I was just another conviction under his belt. And is this was not the case, the fact that he would only seek a conviction based on the medias expectations, this shows the state of affairs in the NJ justice system. He also informed me that they had abruptly changed the time of my sentencing, so that the proceedings could take place in relative peace. Without the presence of the media. Who latter reported on my sentence.
It proceeded without incident. I was sentenced to 1 year of time served, 5 years probation with the condition that I submit myself to a psyche evaluation within the first month of my release. I still was not happy with the outcome. I remain convinced that due process had not been applied to me.
I reported for probation. On my first day the officer assigned to me stared in amazement at my file. He had apparently in his 20 something years of doing his job, never seen someone with my charges ever receive probation. He openly and vocally mocked me and even went soo far as to call me “the next unabomber” to the other officers he brought in to his office to gawk at me. They all laughed at my expense. Unbeknownst to them I was just a harmless goof ball, and their accusations really did cut to the bone, but I held my tongue. I have had and will always have thick skin you see.
I was directed to attend a month of bi-weekly therapy sessions with a psychologist, with the express purpose of determining my morality and mental stability. After completion of this I was given a clean bill of health by the doctor, who filled out a report on me, and she even wrote in her closing statements “If anyone has a right to responsibly own a gun it is him”, an addition I believe that was unnecessary, but was a boost to my self esteem.
I completed my probation, got married, and landed a good career. But this ordeal has done damage to me. I now have a fear, and distrust for police even when they are in line at the coffee shop in front of me, even meeting a cop out of uniform makes me uncomfortable. My trust in the system has all been stripped away and I will spend the rest of my life constantly looking over my shoulder. I have panic attacks when people knock on my door and honestly avoid answering it all together. So in conclusion don’t bring your firearms to NJ in fact if you want to exercise your rights maybe find another state that will respect them.
submitted by I went back to my cell feeling like I was going to throw up. I had to resign myself to my fate. What I could have not known or maybe did not want to know at the time, was that this is the head space my lawyer wanted me to be in. Ready and willing to sign any piece of paper that came my way. Any deal was a good deal for him. Less work you see.
Then came the waiting. The agonizing waiting, soul crushing, brain drain that is the justice system. They say the wheels turn slowly but dear god man, a little oil on the bearings wouldn’t hurt. The others I was locked up with were less fortunate, some waiting as long as 2 years for a trial. In total I spent 11 months and 10 days in jail.
A week into being in my cell I was given a graphic novel by one of the other inmates who was being released. It was ironically enough “V for Vendetta” maybe not SO ironic considering that almost all of the men incarcerated here fantasized that they could take down the system. In a similar style too V himself I assume. This caused self refection. Was I a criminal? Did I break the law? How could I have? I have the second amendment on my side?! Right? Right? Wrong. I found out fast and hard that the state treats not just just parts, but all of the Constitution like some sort of rag that a group of lunatics wrote 200 years ago. In particular the second amendment was just the rantings and ravings of some long dead mad man, who felt that the people of the United States had a right, nay, a duty to defend themselves and their countrymen from tyranny. Even though every politician in this state had sworn to uphold this document, it was only ever so they could stuff their bank accounts with money.
During my stay at the the local pokey, I was sent to the hospital twice after receiving 2 severe beatings carried out by multiple gang members both times for no particular reason other than to steal what little I had. Fighting back had occurred to me, and heck I had gotten rather good at fighting back in high school, mostly due to a combination of a lack of F’s and my quick cutting wit that much dumber more violent prone people found infuriating. Because of this I had learned to back my mouth up with my fists. I was never one to throw the first punch but sometimes depending on the opponent I was the last. I was, and still am level headed and never quick to anger. Nor have I ever gained ANY sort of pleasure from hurting anyone. Ever. Have I ever hoped that someone would get struck by lightning or get hit by a bus? oh you bet ya’. I digress, The reason I never fought back came in the form of an unusual and interesting visit form an old friend. Get reddy for an M. Night Shyamalan level twist folks, probably followed by a lot of off topic weirdness.
Remember the crazy old man that tipped off the police in the first place? Well here he was, in front of me in jail and in my cell with me, flesh and bone. Honestly It took me a second to recognize him, he was my new bunk mate. Perfect. Here he stood shaking and sweating and avoiding eye contact with me. All I could do was laugh. God I laughed it seemed almost an alien thing to me, after not having done it in so long. I laughed so hard I almost blacked out. I laughed until I could laugh no longer then all I could muster was a giggle that lasted for several minutes.
When I was done I looked at him and asked directly “what are you in for?” he sighed and sat on the bed next to me looking defeated and mumbled “Guns.” I said with astonishment “Guns?” he looked at me and nodded and began recounting his story. “See when I called the police on you, oh and I’m sorry about that by the way, I was jealous, of your guns, I wanted them and I figured if I couldn’t have one, I didn’t want you to have one.” This is where It started to sink in, this man was mentally disabled, he had the mannerisms and speech patterns of a 5 or 6 year old, let alone the sheer level of pettiness that could only be compared to a child’s. With this new information in hand I then asked him “what did you tell the police to make them come to my house?”, this being an unanswered question at this point. He grimaced and said “I told them you where walking around the hallway with your gun, I told them you where going around knocking on doors with your gun I told them this too because I got scared and didn’t want them to find the parts in my house” I laughed grimly and said “How did that go for you” he just slumped down into his chest and exhaled.
I asked him what happened next and he picked up where he left off “they started to talk to the other people in the building about you and they kept saying how you might be a little crazy with because of how you look, and the fact you had women over that looked like hookers all the time” the word “hooker” really stuck in his mouth for a second and his eyes darted too and then away from me “but they kept saying the person they should really be investigating was me”. He looked crestfallen and shook his head in what I could only assume was disappointment in himself.
This was a point of fact though, regarding the other tenants in the building, they where an older crowd who did not appreciate my loud music or the sloppy way I parked my car. Or as I was finding out now the kinds of women I dated. I have and still do have a taste for the dark and mysterious type, in retrospect their clothing choices did leave little too the imagination. But heck I was 21 years old with my own place, the house was always rocking, but still no reason to condemn a man right? Well ok I admit I was obnoxious and I could have been a little quieter and kinder to those folks.
One woman later remarked on the subsequent news article about my case online that she “wasn’t surprised that I was some kind of satanic terrorist bomb builder, hell bent on building weapons of mass destruction, for the express purpose of murdering toddlers and the elderly, because she heard from Betty Lu down the hall who heard from the property manager, that I blew up my toilet on Halloween night” not literally what she said but it was implied. Anyway In my defense regarding the toilet incident, that had NOTHING to do with explosives.
It had everything to do with a “great” decorating idea I had for All Hallows Eve. See I had gotten my hands on dry ice, I was mixing it in to the cocktails to give it that “spooky” witches brew aesthetic that some of the trendy bars do (and yes if your doing your math correctly I was 20 at the time and drinking under age, don’t judge there are far worse things dear reader I’m sure you have done, I won’t tell if you won’t. Deal?) anyway I had a huge surplus of dry ice and whilst draining the alcohol from my body my addled brain decided to completely pack the toilet bowl with dry Ice. Why you ask? Well why not? I ask you. Given the naturally low volume of water that was already in the toilet and the massive amount of dry ice I placed into it, the short version is, I got the porcelain cold enough to freeze the water solid in the trap of the toilet thus breaking out a neat little hole in the side of it. This stroke of brilliance forced my guests to relieve themselves in my sink and shower. Gross? Yes. I know, I was there. Any-who I digress yet again.
Back in the Cell the old man continued by saying “So thats what they did, they searched my house and came up with some gun parts I was collecting to build a gun, they arrested me and now I’m here with you”. This was rich, Karma in action I suppose. Here sat the man who had condemned me, face to face. This was strange, I couldn’t shake the feeling that this was some kind of test. Paranoia has a way of worming it self into your brain when locked in a cell 23 hours a day. I asked him “When did they arrest you” he replied a bit sheepishly “About 5 hours after you, i’ve been in the other side of the jail for 2 months.”
Thats when it hit me, this could not be a coincidence. Out of all the cells in here he was in mine. I felt like I was being watched, like
they wanted to see how I would react. Would I beat him to death? Would I confess things to him? Was he here to gather information on me? Like I said, I could not hold any malice towards this man. He was brain addled, blaming him for his actions would be unfair. But his presence was a good tip off that they either had nothing on me, they they needed more solid evidence. Proof that either I was a dangerous vindictive lunatic like I was portrayed to be or plotting and scheming to do something. After this wakeup call, I realized I was being watched like a hawk, I vowed to never fight back If put into a physical altercation, I would just roll over and take it with the exceptions of rape and being confronted with actual murderous intent. I refrained even more from talking, preferring to remain in my cell and quietly read the books my family had sent to me.
Of the books I requested one was the full writings of Thomas Paine, an English-born American political activist, philosopher, political theorist, and revolutionary, also a copy of the Constitution of the U.S.A.. These books only fueled my fire to get out of the system and initiate change, something I would latter come to find out was a bigger chunk than I could fit in my mouth. “If only I could write a letter to someone and explain my situation” I thought, maybe I would be vindicated. But I could not think of who would care and furthermore If I did know, what was their address? The media sure didn’t care. They where one of the reasons I was not flying under the radar in the first place.
My Father and Grandmother where of great help to me during this time. They visited when they could, and sent me books. An assortment of other friends sent me letters, including my estranged mother in Florida who had done time in prison herself for meth possession. I keep these letters to this day, they mean the world to me and remind me that I can rely on friends even in the darkest of times. If any of you are reading this, Thank you.
My father met up with my lawyer several times. He seemed to think that he was doing right by me. Up until my father brought up the time that he expressed his concerned that I was never read my Miranda Warning, and that my signature was obviously forged on the consent to search form. According to him the lawyer responded in the same manner as he had to me, except going as far as to say “In a case like this, a high profile one, due the nature of the crime and its severity judges are willing to look over trivial matters like this.” Upon hearing this, he tried to hire a lawyer that would take the case but, all of them would either quote him some exorbitant sum of money or would just hang up the phone on him, so he gave up. Who could blame the man?
“Trivial matters like this.” this kills me, even now while writing it.
But that is the point. We can argue all day about the Second Amendment, you can say that citizens have no actual right to bear arms, and you would be wrong in the worst way. But the 4th amendment is clear; “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This is no “Trivial” matter. What had transpired to me was in fact every violation of this human right.
Ah, but for the quick witted and nimble minded, you will pick out the line “supported by Oath or affirmation”. For this to be of any legal meaning, one must sign an affidavit. From the very pages of a legal dictionary the definition is as follows; “
Affirmation. A solemn and formal declaration of the truth of a statement, such as an Affidavit or the actual or prospective testimony of a witness or a party that takes the place of an
oath. An
affirmation is also used when a person cannot take an
oath because of religious convictions.” In short a phone call from your neighbor is not enough. Here is an excerpt from a text book for training police officers explaining the 7 exceptions to a search warrant:
“Knowing how to legally search a person, place or thing and properly seizing evidence are basic requisites to the investigative process. Officers also must have a clear understanding of when a search and/or arrest warrant is required and when it s not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, papers, and effects. The Fourth Amendment also states no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (Minnesota v. Dickerson, 113 S. Ct. 2130 (1993)1. However, both the U.S. Supreme Court and federal courts have carved out specific, limited exceptions to the Fourth Amendment search warrant requirement, which are commonly referred to as the seven exceptions to the search warrant rule. The seven exceptions to the Fourth Amendment are exigent circumstances, search incidental to a lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles and motor vehicle.Exigent Circumstances” Exigent means emergency, which means under life saving circumstances. Example: An elderly person in a wheel chair is trapped inside a burning apartment. Because lives are at stake, an officer can forcibly enter the apartment without a search warrant to rescue the person. The key: time and public need. The officer doesn t have time to get a warrant, and there s an immediate risk of harm to the public that requires immediate official action.
Another example: a situation in which public safety is paramount. If officers are being shot at, they may have to conduct a search of premises or a building without a search warrant because both the officers and the public are in imminent danger. Likewise, if an officer has probable cause to believe evidence is going to be destroyed, or if an officer is in hot pursuit of an escaped felon who runs into a house, a warrant isn t required. In Mincey v. Arizona (1978)2, the Supreme Court ruled officers don t have to delay a search if doing so endangers their lives or others.
Search Incident to Lawful Arrest In a 1973 U.S. Supreme Court decision (United States v. Robinson, 17 414 U.S. 218)3, the Court stated, It is the fact of the lawful arrest which establishes the authority to search, and we hold that in the case of the lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under the amendment.
The arrest must be valid under law. For the search without a warrant to be valid, the officer must be able to specifically articulate probable cause that the person committed a crime and there must have been an intention on the part of the officer to arrest prior to the search of the person. What is prohibited is the search of a person who is not yet under arrest in which contraband is found and then an arrest for possession of the contraband based on that search. The search of a person under arrest is subject to the areas under that person s immediate control (Chimel v. California, 395 U.S. 752 (1969)4.
Example: The police observe a woman with a purse commit a crime. Officers may search her purse without a warrant. If officers find contraband and/or evidence of a crime in the purse, officers may charge the woman for both the original incident and for the evidence found in the purse.
Good report writing is key here. It s important for the officer to articulate the probable cause factors leading the officer to believe the woman committed a crime and the search of the purse was incidental to the arrest.
Consent Officers and prosecutors face the heavy burden of proof, and searching a person or place with consent always presents problematic legal issues. Officers must prove the defendant voluntarily consented to a search, and there were no threats or promises of any kind.
Officers can search without a warrant if they have consent from a person who has the authority to give it. Probable cause is not required if the consent is knowingly and intelligently given.
In addition, there are several legal issues officers must overcome when conducting interviews, interrogating and taking statements and confessions, including:
- Who can consent to a search;
- What constitutes voluntarily consent; and
- What limitations does the law impose on those conducting the search.
Age is also considered in legally defining consent. A child can t give consent, so you must know the age a person is considered to be a child in your state. Likewise, a parent may consent to the search of a child s room where no rent is paid, but a hotel manager or landlord may not provide legal consent to search unless the room or apartment is abandoned.
In addition, it s difficult to prove a person impaired by alcohol, drugs, a mental condition (psychological and/or genetic dysfunction), injury or a language barrier voluntarily gave consent. In a 1990 decision, (Illinois v. Rodriguez 497 U.S. 177)5 the U.S. Supreme Court ruled a person can consent to a search if the facts available to the officer at the time of entry warrant a man of reasonable caution to believe the consenting party has authority over the premises.
Most officers carry a legal form with carefully written consent-to-search language people sign to indicate their voluntary consent to the search. However, in a 1973 Supreme Court decision (Schneckloth v. Bustamonte, 412 U.S. 218)6, the court ruled officers don t have to specifically advise an individual they don t have to consent. A person s consent, even if in writing, can be withdrawn at any time and the police must stop searching.
Plain View If an officer is lawfully in a place and has probable cause to believe an item is contraband, stolen, property or other evidence of a crime, the officer can seize it without a search warrant. This is known as the plain-view doctrine.
In Horton v. California (496 U.S. 128)7, the Court reiterated when an officer has a right to be where they are, anything an officer observes in plain view is not the product of a search and is admissible as evidence. Example: An officer pulls over a car during a traffic stop and sees the handle of a gun protruding from under the passenger seat. If the motorist is not in legal possession of the weapon, the officer may seize it and charge the motorist with a criminal offense.
The courts have also repeatedly ruled that officers may use visual enhancement devices, such as flashlights and binoculars. In fact, it s common for cities to have cameras mounted in public places with officers in kiosks viewing television monitors.
Caretaker Function People routinely turn over found property to the police. Officers on patrol also come across found or abandoned property and take it into their possession until its owner can be located.
Officers taking property into their care can search the items without a warrant. Example: If a footlocker is turned over to the police, officers have the right to open it without a search warrant to determine if its contents are dangerous to them or the public or if its contents can identify the owner.
Impounded Vehicles Inventory Can a car towed by the police be searched without a warrant? In 1976 in South Dakota v. Opperman (428, U.S. 364)8, the court ruled that impounded vehicles may be searched and inventoried using the standard police procedures to secure the vehicles and its contents. This is similar to the caretaker-function exception to the Fourth Amendment.
If an officer found contraband or evidence of a crime during the inventory of the vehicle and had probable cause to believe it belonged to the registered owner or an arrested person, the officer has a basis for an arrest. The court has pointed out that the inventory search cannot be used as a pretext for discovering incriminating evidence, and it s best if a department has written policy requiring officers to inventory all towed and impounded vehicles.
If you want to search a vehicle that s part of a crime scene, obtain a search warrant. If a person was found shot to death in a vehicle, after the body was removed, you d certainly want to obtain a search warrant to thoroughly process the car for items of evidentiary value.
Motor Vehicle Exception Fourth Amendment protection against searching motor vehicles without a search warrant has diminished over time. In 1925, the court ruled in Carroll v. United States (2657 U.S. 132)9 that if there was probable cause for an officer to secure a search warrant, it may be impractical because the vehicle was movable.
In a 1981 case (New York v. Belton, 453 U.S. 454)10, the Supreme Court ruled that when a police officer arrests a person in a vehicle, the officer may search the vehicle s passenger compartment, including any open or closed containers, but not the trunk.
In 1999, the court ruled in Maryland v. Dyson (527 U.S. 465)11 that a warrantless search of a vehicle may be justified if an officer has probable cause to believe the vehicle contains contraband, controlled substances or criminal evidence. The court reiterated that although the search is limited to areas where the officer has probable cause to believe an item may be located, the search extends to any container found that might contain the item.
Keep in mind that stopping a vehicle for a routine violation doesn t mean there s probable cause to believe the vehicle contains contraband, controlled substances or evidence of a crime.
Conclusion It has been my experience that obtaining a search warrant is almost always preferable than searching a person, place or thing without one. Officers must keep in mind that just because we re legally able to search without a warrant, it doesn t mean it s the wise thing to do.
References - Minnesota v. Dickerson, 113 S. Ct. 2130 (1993)
- Mincey v. Arizona (1978).
- United States v. Robinson, 17 414 U.S. 218).
- Chimel v. California, 395 U.S. 752 (1969).
- Illinois v. Rodriguez 497 U.S. 177).
- Schneckloth v. Bustamonte, 412 U.S. 218).
- Horton v. California (496 U.S. 128).
- South Dakota v. Opperman (428, U.S. 364).
- Carroll v. United States (2657 U.S. 132).
- New York v. Belton, 453 U.S. 454).
- Maryland v. Dyson (527 U.S. 465).
Several weeks latter they moved me to what they called the “annex”, basically an office building converted into a mini jail. This is where they put their low risk prisoners. There were multiple inmates in each dorm, all the doors to the dorms were never locked. At some point before I got there, they had covered the windows so you could not see out of them. According to one of the guards, this was due to an incident that had occurred, where one of the inmates wives would stand in the street and expose herself to him while he was standing at the window.
Too compound this misery, we were not let outside at any point. According to the facility staff, their reasoning was that there were no facilities for it. So here I sat tired, beaten, broken, and driven mad from literally walking up and down the hall of this building for 16 hours out of 24 in a day, not able to see the outside, breath fresh air or as fresh as one can get in Newark NJ anyway, but it was all I could do.
After several months of this, there came word that my lawyer was coming to see me. The day came and I was led to a meeting room, in my right hand I held my copy of Thomas Paine’s Rights Of Man. In my left my case file. I was totally unprepared for what was about to happen next. He entered the room with a smile the first time I had seen him do so and plopped a pile of paperwork on the table. “I have good news! your judge and prosecutor where changed and he is willing to cut a deal”. I was not happy with this, I wanted the case thrown out on the grounds of illegal search and seizure.
I expressed this to him yet again to no avail. He just said “listen, this is a good deal, 5 years probation and a psyche evaluation. Thats it.” He sat back in his seat and continued “You could be out of here in the next couple of days, you could be back home” I became despondent, then I processed the information and it strengthened my resolve. I blurted out “why would they give me such a great deal, unless they hoped I would take it and avoid trial.” he was nonplussed by this, and retorted “As your legal council I am telling you to take the deal, if you want to take this to trial it will be another year at best, on top of that you are most likely going to loose”. I never took into consideration even the thought of loosing, it wasn’t possible in my own mind. But when I showed the court evidence that there was wrong doing on their part. I was going to be sentenced for a minimum of 35 years. He was right. I was wrong.
None the less I continued to try to rationalize this, “I didn’t kill or hurt anyone nor was I planning to, and they didn’t find any evidence that suggested I would, and furthermore in all of the interviews the FBI did with my friends, family and co-workers, they could not find one person that had any doubt of my sanity or morale standing, not one.” this was met with silence.
Looking back at all I had been through, the corruption, the deception. I knew it in my heart. I was going to loose if I took this to trial. So slumping down in my chair I said “ok we do this your way, for the record I am not happy with it.” he sighed “you are making the right choice, your charges will be downgraded too 2, failure to register a firearm and the improper storage of dangerous chemicals, think of it like this, you complete the probation and 5–10 years down the road after your final day you get your record expunged.” This is unique to NJ, for certain offenses your criminal record can be sealed all the way up to the federal level. All for a hefty fee of course.
A week passed and I had my day in court. While being held in the cell adjacent to the courtroom the prosecutor came in to speak to me. He was nice, an older gentleman from the midwest as I can recall. His tone was that of sympathy, and I’m still not sure whether this was some sort of ploy to get me to agree to the deal but I had already signed the papers so probably not. Regardless of that he explained that there was media outside and because of that he explained “We can’t just throw this case out you know, the media is still keen on seeing you convicted.” and thats when it all came crashing down around me.
He knew, this man knew my rights had been infringed. He knew that If I had gone to trial I would have been acquitted on the spot, but I was just another conviction under his belt. And is this was not the case, the fact that he would only seek a conviction based on the medias expectations, this shows the state of affairs in the NJ justice system. He also informed me that they had abruptly changed the time of my sentencing, so that the proceedings could take place in relative peace. Without the presence of the media. Who latter reported on my sentence.
It proceeded without incident. I was sentenced to 1 year of time served, 5 years probation with the condition that I submit myself to a psyche evaluation within the first month of my release. I still was not happy with the outcome. I remain convinced that due process had not been applied to me.
I reported for probation. On my first day the officer assigned to me stared in amazement at my file. He had apparently in his 20 something years of doing his job, never seen someone with my charges ever receive probation. He openly and vocally mocked me and even went soo far as to call me “the next unabomber” to the other officers he brought in to his office to gawk at me. They all laughed at my expense. Unbeknownst to them I was just a harmless goof ball, and their accusations really did cut to the bone, but I held my tongue. I have had and will always have thick skin you see.
I was directed to attend a month of bi-weekly therapy sessions with a psychologist, with the express purpose of determining my morality and mental stability. After completion of this I was given a clean bill of health by the doctor, who filled out a report on me, and she even wrote in her closing statements “If anyone has a right to responsibly own a gun it is him”, an addition I believe that was unnecessary, but was a boost to my self esteem.
I completed my probation, got married, and landed a good career. But this ordeal has done damage to me. I now have a fear, and distrust for police even when they are in line at the coffee shop in front of me, even meeting a cop out of uniform makes me uncomfortable. My trust in the system has all been stripped away and I will spend the rest of my life constantly looking over my shoulder. I have panic attacks when people knock on my door and honestly avoid answering it all together. So in conclusion don’t bring your firearms to NJ in fact if you want to exercise your rights maybe find another state that will respect them.
submitted by The New Jersey Self-Reporting Crash form (SR-1) is used to report a crash that was not investigated by the police and it is the only form that can be used for this purpose. New Jersey Self-Reporting Crash form (SR-1) (pdf 118k) Newark Mayor Ras J. Baraka had a vision to consolidate the Police, Fire, Office of Emergency Management and Homeland Security under the newly created Department of Public Safety. The merger enhances public safety by reducing costs and making the operations of police, fire and OEM more efficient and effective. Although the recommended method for making a complaint is to respond to Internal Affairs located on the 1st floor of 494 Broad Street, Newark, NJ, 07102, complaints can also be filed: In person: Go to any police facility and ask to speak to the highest ranking supervisor on duty. By Email: Email the complaint to [email protected] Terrorism Tip Line 866-4-SAFE-NJ or 866-472-3365 (toll-free) In case of emergency, dial 9-1-1 or your local police. Email your completed Records Request form to [email protected]. Request your report by fax. Fax your completed Records Request form to (973) 424-4116. Fees for your report. The fee for your report is $1.50 for the first page and $0.75 for all additional pages. CASH ONLY, credit or debit cards are not accepted. To obtain a Newark police report, you must fill out and file a request under the New Jersey Open Public Records Act. The form is provided in PDF format for easy downloading and printing. Fill out the records request form. In the requester information box, provide your name, mailing address, email and phone number. Crash Report Information Traffic Records Unit Discovery. Crash Report Requests On-Line - https://www.njportal.com/njsp/crashreports/ Crash Report Request Form by Mail 3. When a situation, problem, or incident, requires a Police Report, the Officer will request a Case Number. The incident becomes a case, and the Officer will document the event by creating a Police Report. The Police Officer is the trained expert in the field and determines the appropriate actions needed to resolve issues with in our community. Welcome to the Newark Police Division Citizens Online Reporting Program. If this is an Emergency, call 911. To make your complaint online, ALL of the following statements MUST BE TRUE: This is not an emergency. The incident occurred within the City of Newark, New Jersey limits. There are no known suspects. The incident did not occur on a State Highway. Cherry Hill, NJ 08002 856-482-5156 . Write a letter to the Superintendent of State Police or the Office of Professional Standards Supervisor at: P.O. Box 7068 West Trenton, NJ 08628-0068 Fax (609) 882-2033
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