ExpertLaw.com Forums

Illegal Search and Seizure

Printable View

  • 06-18-2009, 06:03 PM
    jaegermonster
    Illegal Search and Seizure
    My question involves search and seizure law in the State of: Louisiana
    Hi guys. This is my situation: I got pulled over for loud music, the officer swore up and down he smelled marijuana, i denied of course becuase i REALLY was only smoking a cigar! He says he will go easy on me if i give up the marijuana, when i tell him there is none, he gets me out of the car and checks my pockets and discovers 3 lortabs,in which i truely forgot were in my pants when i put them on before i left the house!He places me under arrest for possesion and tickets me for the noise violation. Well, when i read the police report it mentions NOTHING about marijuana!! He states:"I placed Mr.
    Anonymous under arrest for the loud music violation and while conducting a routine body search found what appeared to me as the drug,lortab.
    Does this sound like bullshit or what? He's trying to cover up the illegal search and seizure(becuase there was no marijuana) by saying he searched me because i was under arrest! But who gets arrested for loud music? It's not like i kept the music up. I turned it down immediatly when i saw him and then he followed me for half a mile with the music down before he stopped me!
    Anyone got any helpful info or thoughts no this issue for me? It will be much appreciated. thanks

    signed,
    Mr. Anonymous
  • 06-19-2009, 01:18 PM
    THEAMAZINGCHAN
    Re: Illegal Search and Seizure
    how frequently do you smoke weed in your car? do you think he smelled old weed?
  • 06-19-2009, 04:51 PM
    jaegermonster
    Re: Illegal Search and Seizure
    I truely do not smoke weed my friend. and he did not mention smelling or anything about weed in the report.He only stated that he placed me under arrest for emination of loud music and during a routine body search after arresting me , he found the pills. Not exactly in those words but that is all he said in the police report, i seen it.
    So, does he even have the right to arrest me for my stereo being too loud?
    and after he followed me for half a mile with my music down before blue lighting me?
    It is obvious that he searched because he was sure he would find weed(becuase he "smelled it")but apparently the only weed he has ever smelled was smoked in a cigar, as i said there NEVER was any weed in the equation,EVER. So he made up the fact that he arrested me for the loud music violation, so to cover up the illegal search.CORRECT??
    I guess depending on if the judge is fair or not, is going to affect if they ignore the obvious and supress the evidence. I've never heard of anyone getting arrested for loud music, especially since it was the first time i've ever been stopped for it.:wallbang:
  • 07-25-2009, 11:31 AM
    SNPJR
    Re: Illegal Search and Seizure
    The smell of freshly burnt marijuana (at least in the Commonwealth of Massachusetts), does establish probable cause to search a vehicle. To be arrested for loud music, alone, seems unreasonable, and would probably be in violation of the Fourth amend. Just because the law gives the police a hammer, doesn't mean they have to swing it. If this arrest occured at night, the courts would probably let the officer pass with is pat search due the fact that was conducting a Terry frisk (safety pat down for weapons) and in the process he felt what he could easily identity as pills (this will be a stretch for him to prove). Pills being out of their medical containers would probably constitute reasonable suspicion, not probable cause to arrest you for them alone, but detain to you so he could conduct a field investigation on the pills....which is why he went with the noise violation. That violation is probably an ordinance and not a law, in which may soon be deemed a none-arrestable offense, if you persue this matter further. Simply put, how much effort are you willing to put into this?
  • 07-25-2009, 01:34 PM
    BOR
    Re: Illegal Search and Seizure
    Quote:

    Quoting SNPJR
    View Post
    The smell of freshly burnt marijuana (at least in the Commonwealth of Massachusetts), does establish probable cause to search a vehicle.

    Many jurisdictions permit it.

    Quote:

    To be arrested for loud music, alone, seems unreasonable, and would probably be in violation of the Fourth amend.
    No, it is not, the 4th permits such arrest, even for an offense punishable by a money fine only.
  • 07-25-2009, 06:21 PM
    SNPJR
    Re: Illegal Search and Seizure
    The Fourth permits no such thing. The only thing it permits is protection from unreasonable search and seizure. The Constitution doesn't dictate the specific crimes, statutes (etc...) what you can and can't arrest for (except Treason), that's case/common law. Possibly an arrest for a simple misdemeanor charge or small monetary value and/or fine, hasn't made it's way to the U.S. Supreme Court as of yet for a violation of the 4th.

    Again, as I said before...just because the law gives the police a hammer, does not mean they should swing it. In this guys case, all that was necessary was a pen, a pen to write him a summons to appear in court or write a ticket. (again, from the facts given, that is my opinion...I would like to know more).


    For you to say that it's not unreasonable, is clearly speculative; just the same as me saying it is.... notice how I use "probably". I'm sure the Framers didn't speculate loud audio systems and noise coming from said as being a crime.
  • 07-25-2009, 06:28 PM
    BOR
    Re: Illegal Search and Seizure
    Quote:

    Quoting SNPJR
    View Post
    The Fourth permits no such thing. The only thing it permits is protection from unreasonable search and seizure. The Constitution doesn't dictate the specific crimes, statutes (etc...) what you can and can't arrest for (except Treason), that's case/common law. Possibly an arrest for a simple misdemeanor charge or small monetary value and/or fine, hasn't made it's way to the U.S. Supreme Court as of yet for a violation of the 4th.

    Hi, welcome to expertlaw.

    I have to disagree with that! Review Atwater here.



    Held: The Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine. Pp. 4—33.



    http://www.law.cornell.edu/supct/html/99-1408.ZS.html


    Now, in my state, an arrest for a money fine only crime is forbidden by our Constitution, except for a few statutory exceptions. Brown here cites Atwater:


    Section 14, Article I of the Ohio Constitution provides greater protection than the
    Fourth Amendment to the United States Constitution against warrantless
    arrests for minor misdemeanors. (State v. Jones [2000], 88 Ohio St.3d
    430, 727 N.E.2d 886, followed in part and modified in part.)


    http://www.sconet.state.oh.us/rod/do...-ohio-3931.pdf
  • 07-26-2009, 08:51 AM
    SNPJR
    Re: Illegal Search and Seizure
    Very interesting case, read up on it. Well then, guess it's open and shut. Although, I would like to believe that in Atwaters, the arguement was more sided towards the "conduct" of the officer, rather than the arrest in and of itself. Which, I guess "conduct" is not governed by the Constitution and Atwaters may have done better in civil court.

    But, for unreasonable seizure for noise violation or arrest on seatbelt violation...alas, the USSC has final review...and the buck stops there.
  • 07-26-2009, 11:37 AM
    BOR
    Re: Illegal Search and Seizure
    Quote:

    Quoting SNPJR
    View Post
    Very interesting case, read up on it. Well then, guess it's open and shut. Although, I would like to believe that in Atwaters, the arguement was more sided towards the "conduct" of the officer, rather than the arrest in and of itself. Which, I guess "conduct" is not governed by the Constitution and Atwaters may have done better in civil court.


    This was a Civil case, it was not a criminal appeal.
All times are GMT -7. The time now is 04:48 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved