Cops planting evidence on the Innocent

[Jatelo2]

A friend went through an ordeal a few months ago. Cops came to his apartment under the guise that they had been tipped that a dangerous criminal was living with him and that the room also doubled up as a 'drug shop'. When my friend denied even having the knowledge of the said criminal and that he had never used drugs all his life, they simple cuffed him and placed a pistol in his hands and also a packet of marijuana then escorted him to the station. He went to court, and due to lack of enough proof my friend was released. What does one do when confronted with an ugly situation like this?

[adamnawroc]

If you think that this could happen to you then it's best to never talk to police officers before talking to a lawyer. From my understanding, your friend could have helped himself out by telling the officer that he was "busy" and asking whether the officer could come back at a later time.

[LiquidatorBrunt]

Did they have a warrant? I think the best policy is to politely refuse entry to the police unless they can produce a warrant. If they have a warrant, be sure to read it!, sometimes they get the wrong house.

Hard to say what your friend should of done. Thankfully he's not in jail.

[adamnawroc]

Did they have a warrant? I think the best policy is to politely refuse entry to the police unless they can produce a warrant. If they have a warrant, be sure to read it!, sometimes they get the wrong house.

Hard to say what your friend should of done. Thankfully he's not in jail.

Good point. My answer was assuming the officer didn't have a warrant.

[Jatelo2]

If you think that this could happen to you then it's best to never talk to police officers before talking to a lawyer. From my understanding, your friend could have helped himself out by telling the officer that he was "busy" and asking whether the officer could come back at a later time.

At times when these police officers knock the door, you even find yourself confused. Notwithstanding I Have taken your advice of talking to to a layer first before having any discussions with the police. I hope It will work just in case the sad incident presents itself again even to my friend. Thanks.

[Jatelo2]

Did they have a warrant? I think the best policy is to politely refuse entry to the police unless they can produce a warrant. If they have a warrant, be sure to read it!, sometimes they get the wrong house.

Hard to say what your friend should of done. Thankfully he's not in jail.

According to my friend, they claimed that they had solid information that a suspected criminal was living with him in the apartment. He didn't even ask for the warrant since it was his first time with the cops. But I bet the cops had no warrant, though their visit was a planned one since they could even plant false evidence!

[adamnawroc]

At times when these police officers knock the door, you even find yourself confused. Notwithstanding I Have taken your advice of talking to to a layer first before having any discussions with the police. I hope It will work just in case the sad incident presents itself again even to my friend. Thanks.

Oh yeah, police can be intimidating for someone who doesn't have a lot of experience with them.

[Police Abuse]

its best to know some basic rights. Even know cops will walk on them .

[Nicky2013]

According to my friend, they claimed that they had solid information that a suspected criminal was living with him in the apartment.

Sure they did. Cops recently have kicked in the doors of elderly couples, innocent teenagers, and other people claiming they were acting on a "tip", that a criminal, drug dealer, or some fiend was "operating" out of their apartment. Only it turns out, it was a lie! This happened to a politician in Michigan awhile back. And in the process of the raid, one of his dogs was killed. Damn shame!

[Jatelo2]

its best to know some basic rights. Even know cops will walk on them .
I've of learnt late that preparedness involves even knowing that someone out there can simply step on your Rights. Wonderful point, this is!

[adamnawroc]

I did a bit of research regarding this area. This information is from Criminal Law Handbook: Know Your Rights, Survive the System, 9th edition. My own commentary is in blue.

"If a police officer knocks on your door and asks to enter you should ask to see a search (or arrest) warrant. The officer may have no right to enter your home without a warrant. If the officer displays one (and it has your address on it), allow him to enter. While the officer is inside, observe the officer’s activities and if possible make notes about them. (having cameras in your house would be great if this happened) The notes can help you testify fully and accurately in the event that you later want to challenge the officer’s actions in court.
If the police officer does not have a warrant you may decide to allow the officer to enter your dwelling anyway. You will have “consented” to the entry and you will probably have no right to challenge the search later in court. (Don’t do this because you don’t know what the Cop has on you)
If the officer doesn’t have a warrant, you can tell the officer that you refuse entry into your dwelling. (Use a tactic mentioned in the beginning of the book – ask the officer if he can come back at a later time. That way you can contact a lawyer. Also ask if a valid search has been issued) You may do so loudly enough for others to hear, so that they may testify to your refusal in court if necessary. The officer may insist on entering anyway, and if so you should not try to interfere. Here’s why: 1) It’s much safer to challenge a police’s actions in court than in your home. Also, you don’t want to be charged with interfering with an officer. 2) Perhaps a valid warrant has been issued, even though the officer doesn’t have it. If so, the officer probably has the right to enter your dwelling. 3) The officer may have a legal right to enter your dwelling without a warrant. Police officers often have the right to conduct searches and make arrests without a warrant ( the smell of marijuana is one thing that would allow them to make a search)
If the officer insists on entering your dwelling despite your refusal and the absence of a warrant, it is even more important that you observe and make a record of the officer’s activities that you can refer to should you challenge the officer’s actions in court."