Consented to Search, but Traffic Stop Was Without Cause

[markblu]

My question involves criminal law for the state of: Florida

I got pulled over for no reason, the officer said I looked lost, and I was on my way home, only a street away from the address on my license. I received no tickets for any violations but the officer asked to search me and my car so I allowed him to. He found an empty dime bag in a little pocket in my pants I had forgotten about and a pipe in the center console and gave me a notice to appear for a paraphernalia charge but checked the box saying I only had to pay a fine. I took it to court and put in a plea of Not Guilty and have to go to court again in another month. How do I go about getting this case dismissed for an illegal traffic stop, if it even is one? I heard I could move the court for a motion of suppression of evidence or something like that, or move for dismissal. Would this leave no case since if I was illegally pulled over I would have never consented to the search so that and any other statements and evidence are suppressed? Any advice? Officers out there who could tell me if this was legal? I know I consented to the search but only because I thought I had nothing on me or in my car.

Also, just because this will probably end up coming up in court and may change things a little, the officer verbally told me he had seen like a joint worth of shake and few seeds and stems but nothing was collected. I also had a passenger with me who didn't get charged with anything and has previous drug charges.

Also when he found the empty bag in my pocket I panicked and said the pants weren't mine and I had no knowledge of it being there. The officer told me that if I hadn't of told him that he would of taken me to jail, he said I made his day.

So yeah, any ideas? Sorry for the length...

[aardvarc]

My question involves criminal law for the state of: Florida

I got pulled over for no reason, the officer said I looked lost, and I was on my way home, only a street away from the address on my license. I received no tickets for any violations but the officer asked to search me and my car so I allowed him to. He found an empty dime bag in a little pocket in my pants I had forgotten about and a pipe in the center console and gave me a notice to appear for a paraphernalia charge but checked the box saying I only had to pay a fine. I took it to court and put in a plea of Not Guilty and have to go to court again in another month. How do I go about getting this case dismissed for an illegal traffic stop, if it even is one?

Nothing illegal about the stop - people who look "lost" and people who look like they are casing an area look the same. Either way, the officer has an articulable reason to make the stop.

[quote]I heard I could move the court for a motion of suppression of evidence or something like that, or move for dismissal. [quote]

You can move for just about anything. Doesn't mean you'll get it. Hard to suppress evidence when you ALLOWED the search.

Would this leave no case since if I was illegally pulled over I would have never consented to the search so that and any other statements and evidence are suppressed?

Not an illegal stop. You DID consent to the search.

Any advice?

Lots. Start with not having illegal substances on you. Follow up by saying "no, I don't give permission to search my car". For your current situation, get an attorney before you get in front of a judge.

Officers out there who could tell me if this was legal? I know I consented to the search but only because I thought I had nothing on me or in my car.

You being WRONG or forgetful in what you had doesn't in any way negate that you GAVE CONSENT.

Also, just because this will probably end up coming up in court and may change things a little, the officer verbally told me he had seen like a joint worth of shake and few seeds and stems but nothing was collected. I also had a passenger with me who didn't get charged with anything and has previous drug charges.

Can't charge a passenger for what YOU have in YOUR pockets. Passenger didn't have ANY level of constructive possession. You could always tell the court about the shake and ask to be charged with that as well.

Also when he found the empty bag in my pocket I panicked and said the pants weren't mine and I had no knowledge of it being there. The officer told me that if I hadn't of told him that he would of taken me to jail, he said I made his day.

So yeah, any ideas? Sorry for the length...

The officer has the option of taking you to jail or issuing the notice to appear. Have fun convincing anyone that you didn't know WHOSE pants you were wearing. If you're going to be such a crappy liar, learn to either keep your mouth shut or learn the words you'll need: "I want my attorney".

[BOR]

My question involves criminal law for the state of: Florida

I got pulled over for no reason, the officer said I looked lost, and I was on my way home, only a street away from the address on my license. I received no tickets for any violations but the officer asked to search me and my car so I allowed him to.
So yeah, any ideas? Sorry for the length...

The issue would hinge on the FL constitution's protections, mainly, which I am not familiar with.

Addressing federal issues, stopping a motor vehicle IS a seizure.

For such to be legal under the 4th AM, there are only a few carefully crafted exceptions.

Stopping you for being allegedly lost is not such a reason, or at best, a weak one. He must be able to arcticulate another, such as even in a remote way, a "community caretaking" function. If he believes a motorist is in need of medical assistance, etc.



Let's rule that out.


Another is "suspicious" behavior that may permit an "investigatory stop" under Terry v. Ohio, it make no difference if the person is on foot or in a car.

This is evidenced, as a general example, say by a news paper route person is sitting in a driveway folding papers, an officer may approach them and ask what they are doing.

It sounds like the stop was "pretextual"??

Unless FL's constitution has limitations on an officer requesting to search your car without any indvidualized suspicion, as some states do, consent abrogates probable cause.

You can however, argue, the stop was pretextual and all evidence obtained after it, even with consent, should be suppressed.