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melina
05-24-2005, 09:09 AM
I live in the state of Georgia.

My brother (20 years old) was arrested back in June for possession of marijuana with intent to distribute. After a day and a half of jail, then bail, his case put him on probabation for at least for one year, fined him, and required him to do community service.

A few months ago a guy with the counter narcotics team showed up at my parents house saying that they wanted to talk to him. He willing went to the CNT office and willing answered questions. They told him that they had him on audio trying to sell and if he didn't give them names right now they could arrest him with the warrant they had for him. He told them he didn't have any names for them, they could drug test him if they wanted, and he wasn't messing with that stuff. He was told that they knew where he lived, who his friends were, and that he better watch his fuc#ing back because they would embarrass him in front of his family or his friends. They continued to contact him and follow him around town, asking for names and such. He has been clean and trying to stay busy.

Yesterday, they arrested him while he was playing in a soccer game on the terms: illegal use of telecommunications and intent to distribute. They took him to the parking lot, searched the vehicle he rode in (which is registered in my father's name).

My question is: Is this harassment, intent to put off arresting until he was humiliated in front of family and friends (since they've had the warrant since December and told him so), and illegal search of a vehicle that was not close proximity to the field he was playing on?

Please help. I'm sick of sick cops that think they are God. I also want to know if action can be brought against the arresting officer if he is the one that has continued to harass my brother about getting him names of sellers or be arrested.

Thank you!

elklaw
05-24-2005, 09:30 AM
You will need an attorney to find out what is happening. Sounds like your brother was being wiretapped, which requires a warrant or subpoena to do. I do not really know. You do not really know. If your brother knows, it may be wise for him to keep his mouth shut until consulting with legal counsel. Also, maybe he was let out because they wanted him to lead them to other narcs in the area and he was not doign what they wanted him to do and he was forced to make these contacts, then when it did not go how they wanted, they pulled him back into jail. I can only guess. But the problem here is proof. if your brother testifies, he may not be credible. The attorney should be able to find out if there was a wiretap in place and if your brother was forced to act by the police and could mount an entrapment, or violation of release agreement defense against the police. It is really hard to say because too many facts cannot be confirmed and I can only guess.

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