Results 1 to 21 of 21

Thread: Daughter in trouble

  1. #1
    Regular Member
    Join Date
    Jul 2009
    Location
    Monroeville, Pa., ,
    Posts
    73

    Post imported post

    It is with great displeasure that I am discussing this, but I am hoping to get the right advice. Last week my 18 year old daughter had been with some friendsat their home inPlum Boro. Someone called the local police to report possible marijuana use. The police searched the premises with the kids in separate rooms. They did not find any drugs. One of the officers went through my daughters hand bag without her knowledge and found a pair of brass knuckles. She is being charged with possession of a weapon. She told me someone gave them to her over a year ago and she kept them as a conversation piece. She never would have any intention or even have the mental fortitude to use them against anyone. I'm not trying to excuse her ignorance, but first, the police did not ask permission to search her personal belongings, they were not creating a disturbance at this residence or being disorderly. In my opinion, this appears to be kids not knowing their Constitutional rights and being taken advantage. Aside from all that, what are we facing here and do we have any defense?

    Thanks, from a stressed out old man.

  2. #2
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    Standard disclaimer: I am not a lawyer.

    Call a lawyer.

    It sounds like an illegal search. Maybe an attorney can challenge thesearch and get its "evidence" suppressed.

    "Possible" marijuana use results in people being separated into different rooms? Howdid the police get into the house without a warrant when there was only "possible" MJ use? (rhetorical questions)

    Then police search your daughter's handbag without consent?Did they haveprobable causeto searh for drugs in her handbag? Did they have probable cause to search for a weapon in her handbag? (rhetoricalquestions)

    Call a lawyer.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Regular Member turbodog's Avatar
    Join Date
    Jan 2009
    Location
    Independence, Louisiana, USA
    Posts
    566

    Post imported post

    +1 with Citizen. This is a job for a lawyer.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  4. #4
    Regular Member
    Join Date
    Feb 2009
    Location
    , ,
    Posts
    396

    Post imported post

    Anyone who relies on police for honor and decency is a moron and will get what he deserves.

  5. #5
    Regular Member jahwarrior72's Avatar
    Join Date
    Jun 2008
    Location
    Nizzy EEzzy in da Pizzy
    Posts
    388

    Post imported post

    STOP POSTING, AND CALL A LAWYER, NOW.
    Givin' up the tactical advantage since 2008.

    Ƹ̵̡Ӝ̵̨̄Ʒ

  6. #6
    Regular Member
    Join Date
    Jul 2009
    Location
    Monroeville, Pa., ,
    Posts
    73

    Post imported post

    Majority rules! Will do. I went to a Catholic school and was taught to respect police as they were your friend and protector. It's very difficult today to convince young people the same ethics. I get sick every time I watch that video, "largest street gang in America". It is a real shame, the old saying, "one bad apple spoiles the whole bunch". It makes it really tough for all of the good, honest, law enforcement officers in our society.

  7. #7
    Regular Member jahwarrior72's Avatar
    Join Date
    Jun 2008
    Location
    Nizzy EEzzy in da Pizzy
    Posts
    388

    Post imported post

    iownagn-gs wrote:
    Majority rules! Will do. I went to a Catholic school and was taught to respect police as they were your friend and protector. It's very difficult today to convince young people the same ethics. I get sick every time I watch that video, "largest street gang in America". It is a real shame, the old saying, "one bad apple spoiles the whole bunch". It makes it really tough for all of the good, honest, law enforcement officers in our society.
    you need some re-education. the police are not, never were, and never will be your friend. they are here to enforce laws, and catch bad people; there's no room for friendliness there. at best, they're watchdogs. at worst, they're gangbangers.
    Givin' up the tactical advantage since 2008.

    Ƹ̵̡Ӝ̵̨̄Ʒ

  8. #8
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855

    Post imported post

    No warrant, no case. Even if she had a WMD, without a search warrant to enter the abode, it's fruit of the poison tree and inadmissable.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  9. #9
    Regular Member
    Join Date
    Sep 2009
    Location
    Slidell, La
    Posts
    175

    Post imported post

    turbodog wrote:
    +1 with Citizen. This is a job for a lawyer.
    +1

    This sounds like illegal search, no probable cause. Therefore any evidence found can be challenged in court with the hopes of getting it squashed ---> no evidence = no case.

    IANAL, you need to call a lawyer.

  10. #10
    Regular Member
    Join Date
    Apr 2010
    Location
    Lock Haven, Pennsylvania, USA
    Posts
    50

    Post imported post

    iownagn-gs wrote:
    Majority rules! Will do. I went to a Catholic school and was taught to respect police as they were your friend and protector. It's very difficult today to convince young people the same ethics. I get sick every time I watch that video, "largest street gang in America". It is a real shame, the old saying, "one bad apple spoiles the whole bunch". It makes it really tough for all of the good, honest, law enforcement officers in our society.
    I watched that video out of curiosity and I was so angry and saddened by the end of it. That in combination with seeing all the more recent police abuse videos is making me think that as gun owners we should be fighting for police reform just as strongly as we do our right to carry. The problem isn't getting any better even with all the video posted on the internet because they just get away with it most times anyway. Time to smash that blue wall of silence and place officers in the same realm of accountability that all of us are subject to.

  11. #11
    Regular Member
    Join Date
    Jul 2009
    Location
    Monroeville, Pa., ,
    Posts
    73

    Post imported post

    I asked my daughter, "did they ask permission to search the house"? and she said the kid said OK! Illegal search? It worries me. Yes, they are NOT our friends, they are LEO'S, period! They have no legal obligation to protect anyone but themselves, even if it means killing an unarmed citizen. The Courts agree they can outright lie to us to get what information they need to make an arrest, but don't you dare lie to a cop. These are issues that make it very difficult for me to tell my kids what I was taught about Police.

    One thing, I wouldn't ask this if money was not an issue, but, should I trust an Allegheny County Public Defender

  12. #12
    Regular Member
    Join Date
    Oct 2007
    Location
    , Oregon, USA
    Posts
    269

    Post imported post

    I might be missing something here, but if the police were searching inside the house, how can they charge someone with carrying a weapon?

  13. #13
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,623

    Post imported post

    iownagn-gs There would seem (from reading your other posts) to be a series of difficulties surrounding your daughter. Contacting an attorney would be most prudent if you seriously wish assistance on any of these matters.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member
    Join Date
    Jul 2009
    Location
    Monroeville, Pa., ,
    Posts
    73

    Post imported post

    Trouble? You got that right!The first post was concerning my 48 year old daughter and an abusive ex boyfriend.

    This latest is my 18 year old!:shock: I'm one step from the funny farm!

  15. #15
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855

    Post imported post

    You need an attorney to check whether or not simple possession of brass knucks are legal. I would think carrying them is not--as is the case in most states, but having them inside of a dwelling may well be legal. Her purse was in the house, she was not carrying them. The case would seem to revolve around that point. If permission was--stupidly, given to search the house for drugs, the case becomes complicated. Get a lawyer.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  16. #16
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    1

    Post imported post

    Gunslinger wrote:
    You need an attorney to check whether or not simple possession of brass knucks are legal. I would think carrying them is not--as is the case in most states, but having them inside of a dwelling may well be legal. Her purse was in the house, she was not carrying them. The case would seem to revolve around that point. If permission was--stupidly, given to search the house for drugs, the case becomes complicated. Get a lawyer.
    Mere possession is illegal in PA.

    http://law.onecle.com/pennsylvania/crimes-and-offenses/00.009.008.000.html

  17. #17
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,623

    Post imported post

    GHeathen wrote:
    Gunslinger wrote:
    You need an attorney to check whether or not simple possession of brass knucks are legal. I would think carrying them is not--as is the case in most states, but having them inside of a dwelling may well be legal. Her purse was in the house, she was not carrying them. The case would seem to revolve around that point. If permission was--stupidly, given to search the house for drugs, the case becomes complicated. Get a lawyer.
    Mere possession is illegal in PA.

    http://law.onecle.com/pennsylvania/crimes-and-offenses/00.009.008.000.html
    Fixed linky thing for you.
    http://law.onecle.com/pennsylvania/c...9.008.000.html

    Still think their is likely an illegal search though.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  18. #18
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    Grapeshot wrote:
    GHeathen wrote:
    Gunslinger wrote:
    You need an attorney to check whether or not simple possession of brass knucks are legal. I would think carrying them is not--as is the case in most states, but having them inside of a dwelling may well be legal. Her purse was in the house, she was not carrying them. The case would seem to revolve around that point. If permission was--stupidly, given to search the house for drugs, the case becomes complicated. Get a lawyer.
    Mere possession is illegal in PA.

    http://law.onecle.com/pennsylvania/crimes-and-offenses/00.009.008.000.html
    Fixed linky thing for you.
    http://law.onecle.com/pennsylvania/c...9.008.000.html

    Still think their is likely an illegal search though.

    Yata hey
    Oh, dammit. And, I had such good plans for your cannon, what with scrap metal prices being so high and all.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  19. #19
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,623

    Post imported post

    Citizen wrote:
    Oh, dammit. And, I had such good plans for your cannon, what with scrap metal prices being so high and all.
    Μολὼν λαβ*

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  20. #20
    Regular Member david.ross's Avatar
    Join Date
    May 2008
    Location
    Pittsburgh, PA, USA
    Posts
    1,241

    Post imported post

    Hire a lawyer which is familiar with the DA's office. Ask the lawyer to make a reasonable attempt to have the DA not prosecute, drop the charges or plea to have the charges set at a lower offense.

    A misdemeanor in the first degree is a very serious charge, which will affect any future career. You could speak to the DA yourself, but I don't recommend doing so unless you're extremely well mannered in conversation.

    note: DA - I'm referring to the DA's office, which includes any assistant DAs.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

  21. #21
    Regular Member david.ross's Avatar
    Join Date
    May 2008
    Location
    Pittsburgh, PA, USA
    Posts
    1,241

    Post imported post

    iownagn-gs wrote:
    It worries me. Yes, they are NOT our friends, they are LEO'S, period!


    One thing, I wouldn't ask this if money was not an issue, but, should I trust an Allegheny County Public Defender
    LEOs in the Pittsburgh are my friends/acquaintances. They're law enforcement, there supposed to protect the people by upholding the laws of the commonwealth. Of course officers can use discretion but chose not to in the case of your daughter. Brass knuckles are a very serious weapon, your daughter should've known better.

    My conversations and experiences with public defenders are they do try to help people who had no ill intent. You may want to converse with the public defender yourself to explain, as some try to please the judge or other lawyers in order to step up their career.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •