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Originally Posted by Ustwo
Lets play devils advocate here, and who better than the right wing robot devil.
The police go to serve a warrant.
Brother says shes not there, and won't give they a way to get in touch with her even though thats her known address.
He is in fact protecting a fugitive. Its in his rights not to give out her phone number, but that doesn't change it.
Brother is annoyed cop would say that he is harboring a fugitive, but its true.
Police tell the truth on what happens if they get a search warrant and shes there as the brother would be arrested. I'm not sure what a "dangerous felony warrant" is exactly, but my guess is that when 'dangerous' is in the title it will be at gunpoint when they make the arrest. This is done for the polices protection as well as those being arrested so no one does something stupid.
The cops then leave, not entering the premises and the sister is called by the brother and turns herself in.
Funny how often I've seen this sort of thing on COPS and its always so different from the officers side.
No one likes being bullied, and the cops tried to scare you, but no rights were violated and your sister turned herself in without incident. Sounds like the best possible outcome to me.
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hmm, I don't see how I was harboring a fugitive. I guess I always assumed this meant you had knowledge of the presence of a fugitive, and that you did nothing to inform authorities.
Secondly, that wasn't the best possible outcome. The best outcome would have been the same except that the cops would not have treated me like assholes.
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Originally Posted by pan6467
1) how much Morphine did she have when she was busted? If it was felony possession in most states that means enough to distribute (i.e. sell), but if they can't prove she was going to sell it'd just be possession. What degree felony?
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I don't know what degree. She had one bottle. As for how many were in that bottle. I never asked. I don't care.
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Originally Posted by pan6467
2) After 6 months you and your sister didn't hear anything from the courts? What about the bail money, surely you would have cared about that and followed up as to where it was.
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What about it? We got it back. She was released. No date set. Released. Upon release, she was instructed that within six months they would decide whether or not to charge her.
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Originally Posted by pan6467
3) Your sister could very feasibly been lying to you about a lot of things, especially if "you don't keep track of her." If I paid someone's bail you better be damned sure I'm keeping tabs on their every movement and keeping track of what is going on with the courts.
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Just because I don't keep tabs on my sis, doesn't mean she isn't my sis. We talk daily. No, I don't have to keep track of her every move. I paid her bail yes, and right up until that money was refunded I would have ensured she showed up to court as that was what the conditions of bail are, but after a release and bail refund she is a grown lady and not my responsibility.
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Originally Posted by pan6467
4) After talking to lawyers, your sister concluded the police were being assholes, what did the lawyers say. Felony drug possession doesn't just go away and those charges aren't pressed just because the cops were "assholes".
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I believe the lawyer basically said that the charge didn't even come close to fitting the crime, but I don't remember what the exact charge was. I've been telling myself those same things. It makes no sense to me.
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Originally Posted by pan6467
It sounds to me like your sister missed court, became a "fugitive" and the police were trying to locate her. I have a feeling given the questions I posed above, there is far more to this story from your sister and you probably need to get it from her.
It also sounds like the cops were trying to scare tactic you more than anything. Scare you into telling everything and at the very least calling her.
Not saying it's right, but from what you gave, it sounds like she jumped bail (hence telling you, you were helping a fugitive), if it was felony drugs and she had had close to the limit to distribute but not quite, they may wonder what goes on in your house.
You may want to talk to a lawyer and see what course of action you can take against the police, they did go to far, even if it was only a scare tactic.
You best get your sister to be honest with you, because it sounds like she hasn't been.
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She may not have been honest in all cases, but this is neither here nor there regarding the actions of some deputies, regarding how they treated me. I WAS honest in all cases. As for missing court, nope she did everything as told. BTW, this warrant was not out until December 8. If she missed court if would have come a lot sooner.
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Originally Posted by Ustwo
So you tell me whats better.
Scaring some guy a little so he gets his sister to turn herself in, or pretending everything is cool, leaving, getting the warrant and while I don't know the procedure for a 'dangerous felony warrant' my guess is that it could very well be EXACTLY as the cops described.
They were being assholes and scary and doing him a favor at the same time.
I also think pan is correct in his possibilities. I think there is more to this then a 'we will call you if we decide to press charges' going on with the sister.
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Wow, the fact that you see this as a favor really disappoints me. The fact that any of my fellow countrymen can feel like the cops are doing me a favor by trying to scare water out of a dry sponge by being deceitful is upsetting. I hope not many feel this way.
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Originally Posted by pan6467
I'm sure with felony drug charges and skipping bail the police had more than enough to get a warrant. Warrants are not hard to get these days especially if drugs are involved.
We can only go by what he said, and again, felony drug charges DO NOT JUST DISAPPEAR and are not even threatened unless there is something there, cops don't file drug charges just because they are assholes.
In the end the cops got his sister. They may have wanted to save Herk the embarrassment of having doors kicked in, the family charged with harboring and DFS getting involved.
Still talk to a lawyer first thing tomorrow and see what he/she says.
I still say based on what Herk has given there is far more to the story, Herk may have given us all he knows but his sister definately has more to her story.
The big thing for me is 8 months pass by and no one is looking at what happened to the bail money?
Sounds to me like sis skipped court, jumped bail, she could have intercepted mail regarding the court date and her jumping bail, etc.
The key is to see what kind of bail she gets now, if she jumped she will go to arraignment straight away and be held without bond until her court date.
Interesting story but needs more for any of us to achieve a true understanding, including maybe even Herk.
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Oh my gosh. She had a bottle of scripted drugs in her purse in transport to her landlord, and got charge with trafficking a narcotic. As for the bail money, you're dead wrong, but I've already replied to this. The bail she got was $1000, and she is already out with a court date next week. This just makes it obvious that she didn't skip out.
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Originally Posted by pan6467
Not really, he said they bailed her out then (8 months ago when the original event happened). He talks about how 6 months came and went but he never says word 1 about the bail again. If they got the bail returned from the courts there would have still been some form of trial/resolution, if that happened then why didn't Herk mention it?
I deal with PO's, drug dealers, addicts and cops every day. There is more to this story and if Herk is being honest with us (and we have no reason to doubt him) then there is more to this story on his sister's part and the law's.
There are too many holes and questions in the story. The biggest being what about the bail. Trust me after that 6 month period I'd be wanting my bail money refunded or finding out why it wasn't. How did the cops know she lived there?
There is a huge difference between not paying a speeding ticket and felony drug charges. To even compare the 2 is laughable.
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First of all, to compare the two isn't laughable. We are still talking about how our country handles crimes, no matter the magnitude, and it shouldn't be by lying and scaring.
Let me just clarify here, that my only complaint was how I was handled. NOT, how the cops have handled my sister. I don't think that has anything to do with how they treated me. Even if she killed somebody. I did nothing wrong.