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Daughter in trouble

iownagn-gs

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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.:banghead:
 

Citizen

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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.
 

old dog

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

iownagn-gs

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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.
 

jahwarrior

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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.
 

Gunslinger

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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.
 

Slidell Jim

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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.
 

t1m0thy

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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.
 

iownagn-gs

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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:question:
 

Grapeshot

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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
 

iownagn-gs

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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!
 

Gunslinger

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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.
 

GHeathen

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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
 

Grapeshot

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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/crimes-and-offenses/00.009.008.000.html

Still think their is likely an illegal search though.

Yata hey
 

Citizen

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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/crimes-and-offenses/00.009.008.000.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. :)
 

Grapeshot

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

Yata hey
 

david.ross

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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.
 
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