Can you be Arrested for Failure to Stop at a Stop Sign
My question involves criminal law for the state of: Utah
The officer that had made the traffic stop not only told the two of us (passager and I) multible stories of why the pull over but had lied on his report. The officer come up and asked who we were (passager and i) we told him, he continues to instegate my passager about his last name. Asked for my paper work on the car. (i just bout the car 30 days prior,) so i gave him what i had. (through the company i bout it from, i purchased GAP insurance.) I asked why i got pulled over? The officer points back to the sign and tells me i didnt stop at the white line of the stop sign. He headed back to his (officer 1) Before i could get my info back in the jocky-box, another officer (officer 2) announced he was bringing the dog around. Officer 2, on the passager side of my car stops the dog and announces the K9 has "hit". Officer 1, advises us to get out of the car, asks whats in the car? i told him nothing. Im made to empty my pockets. at this time 4 more squaud cars are on this arrest, my passager is 20 ft away and shaking his head No.
i am told to remove my sunglasses,. about 3pm. sun was bright and warm out, officer 1 has officer 3 check my eyes because they are pinned? im asked to do Road Side Test, I inform Officer 1 about my previous three neck surgeries, and 3 leg surgeries that make some things difficult. takes it under consideration. i procceed to do three test. and am put me under arrest.
there was nothing found in the car at this time. nothing on my person. Officer 4 (with my passanger) leaves. Officer 2 continues his search now with a repo man. finishes the search with nothing. shuts the car up trunk included. unknown to me, a gentalman not in uniform shows up and officer 2 is digging in the trunk specifically in one spot. (was this a set up). now there is parafanillya. im asked to take a blood test. i started,, with three road sides is that not addiquite enough? asked three more times. the answer he relaided to me is not the same as his statement. also he did take me for the blood test where i wrote no consent on the paper. also watched him dig thrould the drs med supplies and put things in his "blood Kit"
after bailed out my passager asked me who the heck they could do that and why so many. informed me that he told the officer twice that he was not consenting to a search. what can we do?
Re: My Passanger and I Arrersted for Failure to Stop at a Stop Sign
So what charges do you actually face from this incident? Nowhere do you say what the charges actually are. If you are charged with possession of drugs or drug paraphernalia then what you can do is get an attorney to represent you and ask whether there are any good grounds to seek suppression of the evidence the cops found in their search. The answer to that question will depend in part on what the cops say occurred during the stop, and we don’t have that information here.
Re: My Passanger and I Arrersted for Failure to Stop at a Stop Sign
poss. of paraphenalia, poss. no insurance, failure to stop and DUI
Re: My Passanger and I Arrersted for Failure to Stop at a Stop Sign
You need a lawyer. The failure to stop at the stop sign justified the initial stop. After running the registration on the car and finding you lacked insurance, that would be enough for that charge. It appears that the officer thought there some indication that you were under the influence of drugs/alcohol at the time. He did field tests to investigate that possibility, and my guess is that the officer saw enough there to conclude you were intoxicated by drugs or alcohol. If the officer made the determination to arrest you on that charge prior to the search and that the vehicle would need to be impounded as a result, then the search of the vehicle as an inventory search would be permitted without your consent. That would make whatever evidence was then found admissible against you in court and support the possession charges. Exactly what the officer did and the sequence of events all matter. If there was video of the stop, you want to be sure to get that. Your lawyer will know how to get that, along with the police report and any other items of discovery that are available. All that will be needed to piece together the state’s case and see what holes there may be in it that might give you a defense.