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Car Searched After Stop for a Noise Violation

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  • 06-20-2009, 11:08 AM
    BOR
    Re: Illegal Search
    Quote:

    Quoting cdwjava
    View Post
    You wouldn't have been sharing his stash, would you? :D


    Wow man, like that is psychedelic man! Dig those crazy vibes! ;)

    Quote:

    Not like I've never made a similar assumption here ... it happens, and we rarely can recall why ... i can write it off to getting older. Your excuse might be ... ??? ;)

    - Carl

    I refuse to answer that on the grounds it may incinerate me, that is under the 5th.
  • 06-22-2009, 09:56 AM
    jaegermonster
    Re: Illegal Search
    This is the thing, there actually was never any pot. I dont even smoke pot, have'nt for years. He obviously does'nt know what pot smells like! But just so happens a so called friend gave me three lortabs becuase we were drinking and he figured i would need them in the morning for the hangover and me being a dumb drunk, took them and stashed them in my pocket(let it be known that i also quit drinking as a result of this! two months sober!)
    But is loud music an arrestable offense? I looked up the parish noise ordinance and in part it states that:" it is a defense to prosecution:(1) in circumstances in which an order is required and no order was given"
    does this mean becuase he never even gave me an order to turn it down or a citation or warning, that i have a defense to prosecution?
    i can send the whole section on the noise ordinance if it would help.

    oh yea, the police report mentioned NOTHING about pot, so that throws his probable cuase for that out no matter what, right? it's not mentioned, so therefore not even in the equation,right?
  • 06-22-2009, 11:07 AM
    cdwjava
    Re: Illegal Search
    He will have to articulate probable cause to justify the search. What that might be, I can't say.

    The noise is likely one that involves noise emanating from a vehicle and not the town noise ordinance you appear to be referring to. In some states (such as TX) vehicle violations are arrestable offenses. Whether or not they are in your state, I do not know for sure.

    - Carl
  • 06-22-2009, 03:56 PM
    jaegermonster
    Re: Illegal Search
    thanx for the info my friend.
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