posted Thu, 04/04/2013 - 20:02
3762
Are they allow to do this?
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Okay I was driving home from the gym at night, and I was like buzzed from my caffeine from my Pre workout, got pulled over by the PoPo's and the PIG thought I was under the influence of some drug
...anyways he asked me if he can search my car, and I told him "I do not consent to any searches" ( Had 3 vials of Equipoise in the car), so he told me to get out of my car
...so I got out of the car, locked my doors, and then he grabbed my keys out of my hands and open my doors, and searched my car and found the 3 vials, and charged me with possession of illegal substance
...am I screwed? Can I tell the court "I did not consent to his search?"
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That sucks the cops acted the way he did, my guess is they are watching the dealer.
Funny I was watching this video right before I watched this..
http://m.youtube.com/#/watch?v=tgwFQU-Ba_w&desktop_uri=%2Fwatch%3Fv%3Dtg...
I still don't understand this. When being charge they will write specifically the charge statue and class of the crime. Not just "illegal substance". Also they do not write a summons for a felony charge. Were you arrested at the scene?
Lawyer up, get the video, get the audio, but remember none of that is gonna prove what the cop lies about in his report. He could say they were in plain view, audio and video can't help you there. He can say he saw what appeared to be a knife partially concealed, no help for you on that one. Quick story, back in my dealing days, a friend and I got pulled over when we had nothing on us. After refusing search requests numerous times, I was told there was what appeared to be a baggy in between the seats. Turns out it was a piece of factory plastic seat cover that you would have needed to be standing on your head with one arm dislocated just to see. Cops can and will search without cause and turn things they find during the search into PC in their police report.
Truth! if a cop wants to search nothing will keep it from happening unless you have a witness with you. often times the point of there being two cops present is so that it is both of them against you when they want to lie in a police report, in court, etc.
el super beastoLawer...keep us posted bro.good luck
Tell them you want a lawyer but can't afford one. They have to give you one for free. Then say you want a jury trial. The DA will probably drop the charges because the cost to the state is so high it isn't worth it for your measly 3 vials.
do NOT ask for a public defender unless you ABSOLUTELY cannot afford an attorney whatsoever. anyones whos done time or fought any type of case will tell you this, plain and simple. if you ask for a jury trial, that means you're pleading not guilty and refusing any offers the state comes at you with (plea bargains), terrible idea with a publice pretender i mean defender. not to be a debbie downer, but if they find you guilty in a jury trial the sentencing is far more sever than if you were to cop out (accept plea bargain). not saying you should, just givng you a heads up as to how these things work. my 2¢, get an attorney like everyones saying - he/she will go over the facts of the case once they gain access to the discovery (police report), and then advise you on the best course of action. they got you dead to rights bro and caught you red handed - its whether or not your attorney can prove it was an illegal search and have the case thrown out that determines everything. i wish you the best of everything tho friend
LOL that actually a good plan! Jury trial always kills it.
Lawyer up .....
laywer up and have them pull video from cops car that will prove that it happen the way you say and he had no right to search your car with out warrnt or probable cause to search. get the best laywer it will cost more up front but in the end it will cost you less in long run! you have rights, and check laws in your state i heard some have rights to self medicate up to a extent! best of luck to you bro!!!
I know we try to maintain privacy but what state are you in. Depending on where you are at some of us know people...
I Personally Work With An Ex Drug Dealer. He Has The Exact Same Story As You Except:
1) He Had Enough Drugs To Be Considered A "Dealer" And Not A "User"
2) He Was Looking At Big Time In The Pen
3) He Lawyered Up and Is Off The Hook
Turns Out Cops Can't Search Without Permission, Or A Warrant Or Blah Blah Blah. This Happened In Cali.
Hope This Helps.
Oh Yeah And The Attorney Fees Cost Him A Shit Ton Of money. Good Luck.
Anonlawyer up!!!
If you got out of the car and locked the doors unless he saw ilegal items in plain view he had if there was no one else in the car; he had no IMMEDIATE probable cause. In other words there was no reason to violate your rights. He could have just as easily and legally detained you until a warrant could have been obtained. There was no immediate danger, the evidence would not have dissappeared in the car or been tampered with while waiting for a warrant and there was no one in danger locked in the car. The cop will however, give some reason for probable cause. The key is to establish that it was not immediate probable cause and that you told him no. Also you are entitled to his dash cam and also any voice recordings he may have durin the traffic stop. Also I believe you have the right to have an attorney or witness present during the search which you were not made aware of. Sadly you will need an attorney to prove all this. A very good possibility would be that the charges are dropped because your attorney will show the DA that he has a weak case before it ever sees a court room.
lawyer up!!!
expect to see a whole bunch of lies in the police report.
you will probably have to plead guilty.
cause fighting it is a bitch...
im talking super expensive attorney fees.
and the prosecutor is probably going to come down hard on you if you fight it and you are unsuccessful.
i can already tell you this. the police report is going to be exaggerated to the fullest extent to make it look like the cop had probable cause and is doing his job correctly.
so yeah, lawyer!!!
Several drivers who are guilty for accidents involving motorcycles claim that they never even saw the motorcycle. This might not be the fault of the motorcyclist at all, and that’s why you need to have a good motorcycle accident attorney.
..............................................................................
http://dolmanlaw.com/practice-area/motorcycle-accidents/
In my state he would have needed a warrant if you did not give him consent. Especially if you told him it was from a pre work out drink. Did he give you a eye test?
AnonUnfortunately he will say he had probably cause . Can you work on disputing that ? Although the findings of his search support his hunch. Still hes not supposed to search you on a hunch.
You were probably being cocky wernt you? Because you knew you wernt high just stimmed out. Why the hell you traveling with gear though? You selling juice out of the back of your trunk at the gym parking lot bro?
Marcel1229Because the dealer at my gym gave me a discount on them, because i'm cool with him, so i bought it that day
...usually Equipoise are $70, he sold it to me for $35 each
RustyhookerIf you got pulled over just after buying the eq.....heads up! That sounds more like someones watching that dealer.
x2 on this, id keep some distance from said dealer for a while.
GearofWarSorry, don't take this the wrong way but that's why we have eroids, right? I can get Eq at $35 all day long here and have it safely delivered to my mailbox. I'm on an Eq 16 weeker right now as a matter of fact. Sucks you got pinched, never a good thing. Just learn from this, man up, be humble, admit fault and hopefully youll get a slap on the wrist if you're not already a habitual offender. In my state you're fucked no matter. Probable cause bro. Any reason from an unusual odor to the officer telling the court he was in fear for his safety. It'll be tough to fight city hall no matter. Good luck.
RustyhookerYour lawyer can also request a copy of the officers dashboard camera.
It doesn't make any sense what exactly does the charge read on the citation? You should have been arrested not cited. You are in possession of a Scheduled Class 3 substance without a prescription.
AnonComing from 10 years of Law Enforcement experience the officer will ask you for....
1) consent to search - you declined so lets move on to step 2
2) authorization to search (probable cause exist) if the officer seen something in the vehicle to give him probable cause then he may search the vehicle. If nothing is in plain view then step 3
3) search incident to apprehension - if he was placing you under arrest he is able to search any area that you had immediate access to or if the vehicle was to be towed then the car would be searched for inventory.
Your best bet is to contact a lawyer, never represent yourself, A lot of these lawyers are friends with the DA and can drop the case before charges are even filed. If you have a clean record and it was an illegal search/seizure then you have little to worry about but once again! make no statement, written or verbally! Contact a lawyer and pay him to make your troubles go away.
Erratic behavior such as combativeness or hostile language in itself can constitute probable cause to justify a search can't it? I'm just playing devils advocate but driving abnormally (or slow like OP said) and deliberately locking the doors exiting the vehicle sound suspicious for drug use and that you're hiding something. Im going to guess the way this plays out depends whether the OP has a prior record and the way he was handling himself when he was stopped.
sgtstedankoLawyer up, marcel... Are you by chance a brother, brother? I'm no lawyer, but, is think he needs a warrant. Your car, is your locked car! Why'd he pull you over in the 1st place? Speeding?
Marcel1229No, I was just driving slow at night because I was sore from my workout and crashed from my preworkiut, and when ever someone is driving really slow, they are usually intoxicated
That would be illegal search and seizure. They can not search your car without permission or probable cause. Once he asked and you told him no, he broke the law. Any decent lawyer will get you off. I would call a lawyer asap.
Marcel1229you think I'll be off the hook? When I locked my doors (so he couldn't go in my car) he asked me why did I lock my doors and I told him, "it's a habit", and then he just pulled my keys out of my hands and open the doors and started searching, they have the 3 vials
If you were driving on a suspended liscence etc than he can search. But if legit and not under influence than you should be able to get anything he found thrown out of court. Sorry that happened, but take action with a lawyer like everyone is saying and you should be fine. And hope that cop never sees you again ;.) Sucks but hope it works out fine
Marcel1229I was just driving really slow...you ever had those days where u had a hard workout, and then you're so sore that you just want to drive slowly? especially after crashing from a preworkout?
...they assume when u are driving slowly then you must be intoxicated
Lol forget about your vials. Get a gooood lawyer, and you will be fine my dude.
some lawyers will take care of it completely and you don't even need to appear in court
Marcel1229I'm just worry dude the law always find a way to win you know...
I guessing once contacted by a lawyer the DA will drop the charges.
Marcel1229When they took me in for questioning like where did I get the gears and everything, I kept my mouth shut, so they know nothing
I probably would not have locked my doors but that does not change the fact that you told him no when he asked to search your car. I am not a lawyer but I can tell you that when I was driving through Utah I got pulled over because I was smoking a cigarette and they accused me of having drugs as well and asked to search and I told them absolutely not you have no reason to search my car, if you want to search it show me a warrant. That was the end of it. They simply can not do that. I think if you contact a lawyer he will take care of it.