Need a bit more legal advice....

[Tork_MoNsTeR]

Ok guys this one is for a buddy of mine..... My friend's cousin lives next door to him with my friends parents (they have legal guardianship becuz his mom is a POS).... Anyway, his cousin put some stuf in this little shack of a shed in my friend's back yard. Come to find out, it's stolen. His cousin is 15. My friend didnt know what was put in the shed but the cops showed up and came on his property becuz they were engaged in a conversation with my friends roomate (who also knew nothing of the stolen property).... The roomate then goes to the front yard with one cop but one cop stays in the back yard. The cop opened the shed WITHOUT consent or warrant. He didn't even have probable cause(the shed was not locked but was closed all the way so that you couldnt see in there--so says the roomate and his friend who were cutting fire wood in the back yard when the police let themselves in the yard).... Is that legal? Anyway, he took the wrap for the stolen stuff beause his cousin was out of tow with my friends mom. He didnt want his roomate or anyone else in trouble so he covered. One person decided not to press charges but the other person did. He got slapped with a burglary charge and grand theft. Well his cousin admitted to the detective this morning that he took everything and my buddy didnt even know about the stuff. The detective doesnt believe him and wants to try to make my friend do time because he's 22. My friend has an aliby for when his cousin took the stuff but he's been charged because he covered hoping that if he gave the stuff back he might keep his cousin out of trouble.....His cousin made it CLEAR to the police that he did it but they dont wanna believe him. My friend was on the way home from work when he first found out about it and 2 hrs later he was in jail.... What do you guys think?

 

[GADodgetech]

First off, why were the police on the property to begin with?

 

[Tork_MoNsTeR]

This is dumb... They asked to see the shovel that was in the back yard(there is a maintenance path behind their yard). The roomate went to grab it to show them and they just hopped the fence and walked in.

 

[GADodgetech]

This is dumb... They asked to see the shovel that was in the back yard(there is a maintenance path behind their yard). The roomate went to grab it to show them and they just hopped the fence and walked in.

Sounds like to me that they knew something was up, just doesnt make sense to me:dontknow:

 

[Prof]

What is really dumb is coming here for legal opinions!

Get to a lawyer. If you can't afford one go to the legal aid society.

All the internet lawyers in the world will not be of assistance...hell no one has even asked what state you are in...

 

[Tork_MoNsTeR]

I just dont think that theyre allowed to open the shed without consent....

 

[Tork_MoNsTeR]

Im in FL... and I dont need the lawyer, Im just asking if anyone has had any experience in this area??

 

[Prof]

They can look at anything they want...but anything they find may not be admissible as evidence, or it maybe if they maintain that they were given a consent search or were in hot pursuit.

Now go get a lawyer.

 

[Tork_MoNsTeR]

He's getting an attorney... This is for my own curiousity. Can they still prosecute him for this if his cousin is coming clean for it?? I mean he was just coverin to save his cousin from more trouble but no luck....

 

[ChrisAZ]

If I was the prosecutor, I would find it very convenient that a Cousin came forward that is not of legal age to prosecute. On top of that, the shed is not in the 15 year old cousins yard. It looks like an excuse designed for an easy way out from the prosectors side. I mean really, from an objective outsiders opinion, the 22 year old had the stuff on his property and admitted to it. Now he wants to change his story and blame a minor neighbor? Doesn't look good. I am not an attorney, just making an observation from the other sides point of view.

 

[WAZZSUP]

In Ohio giving a false report to an officer is considered obstruction of an investigation if there has been contact either written or verbal. It is best not to talk at all. You can not be charged for any violation for remaining silent, but open your mouth and all that changes. You can stay silent until arrested and at that point speak to an attorney. Same fine and term as FL. has.

Resisting Arrest without Violence
Obstructing or Opposing a Law Enforcement Officer

Resisting Arrest without Violence / Obstructing an Office without Violence - an officer without violence is a first degree misdemeanor offense punishable by up to one year in the County Jail and up to a $1,000 fine. This charge can be brought as a companion or second offense to another criminal charge. For example, following a DUI arrest, law enforcement officers will typically add this second charge to a motorist who is uncooperative while being handcuffed or difficult during the arrest or transport process.

However, a second component of Florida’s Resisting Arrest without Violence statute includes a prohibition on persons who obstruct or oppose a police officer in their performance of a legal duty. For example, a passenger of a motor vehicle who interferes with law enforcement’s efforts to conduct a DUI investigation of the driver, is often arrested for the offense of Resisting or Obstructing an Officer without Violence.

 

[Tork_MoNsTeR]

No I understand how it looks. He was trying to keep his cousin who has been showing some self destructive behavior. Been in and out of minor trouble and was "abused" as a child. He hoped they wouldnt press charges if he gave them the stuff back but only one person decided not to the other did. Oh, and the mom called right before my friend was arrested and spoke to the detective and the cousin admitted to it before my buddy was EVER placed under arrest. but the detective said "we'll sort that out on Monday but were going to go ahead and arrst John". (This happened friday night)

 

[kickinassrt-10]

All laws are not created equal! One situation may not be the same as the other and one penalty will differ from another...basically the law is not what it used to be..tell him to get a good lawyer because it's about who you know in the system now!..especially in Florida..