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  1. #1
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    May 2011
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    Default Traffic Stop Led to Drug Possession Charges

    My question involves criminal law for the state of: Georgia

    About 2 weeks ago 2 white males are traveling northbound on I95 In Camden County Georgia in a white 94 Toyota pick up with Florida tags. A Camden county sheriff pulls them over for impeding traffic (going 4 mph under the limit on the far left lane).
    The sheriff asks the driver if he can search and the driver refuses a search. The police officer calls in the dog and the dog hits on the truck. Upon removing and searching the passenger the police found a quarter ounce of marijuana.

    They are arrested on April 21, 2011. The drivers bale is set for roughly $2,000 while the passengers bail is set for roughly $1,000. There court appearance is set for June 10th. They are required to pay 100% of the bale before released the next day. They are now set for court on June 1st.

    Those are the facts

    my first dispute with this is 4 under in a 70 when my speedometer read 70 my Gps showed 68. I was on the far left lane with almost no traffic, and nobody trying to overtake me.

    One dispute i have is his probable cause. Why did he ask to search the vehicle he reported no odor of marijuana in his report. did he have probable cause and does he need probable cause to bring a dog out.

    Then of course why was the driver taken into custody when he didn't have any marijuana on his person or in his truck. The passenger also admit to the police that all of the contraband belonged to him.

    Then of course there is the blatant disregard for the defendants right to a speedy trial.

    Just to let you know I'm the driver so there is no confusion.

  2. #2
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    Default Re: Camden County Georgia Traffic Stop Leads to a Possesion Arrest

    Quote Quoting CableguyBHN
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    my first dispute with this is 4 under in a 70 when my speedometer read 70 my Gps showed 68. I was on the far left lane with almost no traffic, and nobody trying to overtake me.
    If you violated no traffic law and can prove it, plead not guilty and offer your defense.

    One dispute i have is his probable cause. Why did he ask to search the vehicle he reported no odor of marijuana in his report.
    The courts have repeatedly affirmed a "hit" by a canine produces the probable cause needed to conduct a warrantless search. He asked before the dog was brought out. At that time apparantly no PC existed to search.

    did he have probable cause and does he need probable cause to bring a dog out.
    PC is NOT needed to bring a dog to the scene. The only relevant factor is, the United States Supreme Court has ruled a traffic stop MUST take only the time needed to conclude business. Although there is no litmus test, 15-20 minutes should do it. If you were detained in that time frame WHILE a dog was brought out, it can be argued you were not detained specifically to bring a dog out after conclusion of the purpose of the stop, but they were simultaneous in nature.


    Then of course why was the driver taken into custody when he didn't have any marijuana on his person or in his truck. The passenger also admit to the police that all of the contraband belonged to him.
    Why were you taken into custody?? What were you charged with you had to post bail for, that is why. If it was teh same drug possession charge when your partner admitted possession, that is for your attorney to dechiper, the Constitutional basis.

    Then of course there is the blatant disregard for the defendants right to a speedy trial.
    How?? Are you saying you have not been tried in X # of days since arrest? You do not specify how??

  3. #3
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    May 2011
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    Default Re: Camden County Georgia Traffic Stop Leads to a Possesion Arrest

    I was charged with the same thing my co-defendant was charged. In fact our police reports are exactly identical.

    I don't know I'm not a lawyer but i was detained on April 21'st and my court date was set for June 10th. so if i didn't post 100% of the bail i would have to stay in jail till my appointed court date June 10th. In Florida i know they will put you in front of a judge asap and my county is a lot larger and has a lot more inmates then Camden county. How long can they legally detain you in Georgia without charging you or even allowing you to go in front of a judge? I'm pretty sure that's breaking my right to a speedy trial or some sort of constitutional right. Ill have to look into that if you can post me a link to some info i would appreciate it.

  4. #4
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    Default Re: Camden County Georgia Traffic Stop Leads to a Possesion Arrest

    Quote Quoting CableguyBHN
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    I don't know I'm not a lawyer but i was detained on April 21'st and my court date was set for June 10th. so if i didn't post 100% of the bail i would have to stay in jail till my appointed court date June 10th. In Florida i know they will put you in front of a judge asap and my county is a lot larger and has a lot more inmates then Camden county. How long can they legally detain you in Georgia without charging you or even allowing you to go in front of a judge? I'm pretty sure that's breaking my right to a speedy trial or some sort of constitutional right. Ill have to look into that if you can post me a link to some info i would appreciate it.
    What statute(s) were you charged with? That will dictate what the answers to your questions are. Also, how long were you in jail for?

    While you may not have had "actual possession" of the contraband, a case can be made that you had "constructive possession", meaning you and your friend, had access to and were equally able to control the contraband. That is the likely reason why you were charged.

    Requiring that you post 100% of your bail is not a violation of your rights.

    While there maybe a time limit during which you have to be brought before a judge to be arraigned, that time limit only applies if you remain in custody and it varies depending on the level of the charge. You only indicated when you were arrested (??April 21st??) but you didn't mention when you were released.

    If I'm understanding what you've posted correctly, you have not been arraigned yet, that will happen on June 10th. So to claim a violation of your right to a speedy trial maybe a bit premature, because your case is not at the "trial" phase as of yet.

    You need to discuss these matters with an attorney who has the full facts of the case. Arguing statutory time limits and motions to exclude evidence is not a DIY proposition.

  5. #5
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    Default Re: Traffic Stop Led to Drug Possession Charges

    Quote Quoting CableguyBHN
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    My question involves criminal law for the state of: Georgia

    They are arrested on April 21, 2011. The drivers bale is set for roughly $2,000 while the passengers bail is set for roughly $1,000. There court appearance is set for June 10th. They are required to pay 100% of the bale before released the next day. They are now set for court on June 1st.
    We where released the next day when we posted bail. I knew the bail issue isn't a violation. But the mere fact that they incarcerated me and had my court date set to June 10th is what I'm having an issue with. I would think that they would have to get me in front of a judge in a timely manner. A month and 2 weeks is not a timely manner to get someone in front of a judge. When you bail out you waive your right to a speedy trial in Florida i don't know about Georgia.

    so i was forced to pay the ridiculous bale. In all reality i was held for ransom. Apparently they gave me the option to not appear in court and just have my bail forfeit as a fee and court costs. But i think thats just part of how they get people passing by for money. I've done some research and apparently the whole towns income comes from the justice system.

    It really is a nice little way to make money if you think about it. They target out of state plates. Get em on the highway for whatever they can. (in my case i admit it was foolish to have a passenger with marijuana in his pockets driving through Georgia but I'm still a victim) They put em in an overcrowded dump of a jail and set a court date a month and a half ahead of time. Of course if there like me they cant afford to sit in a cell in Georgia that long i have responsibilities to tend to a job to work bills to pay. if i would have sat there for that long i would lose well over 2 grand so of course I'm gonna fork it over. Then of course after that I'm gonna leave Camden county and never want to come back so i just forget about the bail that i posted and the money i payed to get my truck out of impound. they made about 2500 dollars off my little stay in hotel woodbine Georgia.

    As far as the possession. How can they really prove that i had constructive possession in court. Would they had to have originally charged me with that specific type of possession statute or does it cover all grounds. I guess it comes down to what the judge in Georgia is willing to do. I'm sure there corrupt as ever and there gonna try to railroad me any chance they get.

    Either way if its in his pocket that's not equal control not like i can assault my friend for whats in his pockets he has to allow me whats in his pockets.

  6. #6
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    Default Re: Traffic Stop Led to Drug Possession Charges

    Quote Quoting CableguyBHN
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    . A month and 2 weeks is not a timely manner to get someone in front of a judge. When you bail out you waive your right to a speedy trial in Florida i don't know about Georgia.
    The time frame above is hardly violating a person's speedy trial right for a drug charge.

    In my state a Misdemeanor of they 4th degree must be brought to trial within 90 days if I am not mistaken and Minor Misdemeanors within 30 days, as comparative examples. I did not check the specific law, but unless it is out of the statutory time frame, it is legal.

    A speedy trial is not seeing a Judge 1-2-3. The time frame you post comports with Due Process.

  7. #7
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    Default Re: Traffic Stop Led to Drug Possession Charges

    What about while your in custody? How long can you wait in jail before they have to get you in front of a judge?

  8. #8
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    Default Re: Traffic Stop Led to Drug Possession Charges

    Upon application of a defendant against whom a felony complaint has been filed with a local criminal court, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, without either a disposition of the felony complaint or commencement of a hearing thereon, the local criminal court must release him on his own recognizance unless: - See more at: http://codes.lp.findlaw.com/nycode/C....ZdZXBswz.dpuf

    - - - Updated - - -

    http://codes.lp.findlaw.com/nycode/CPL/TWO/H/180/180.80

  9. #9
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    Default Re: Traffic Stop Led to Drug Possession Charges

    The date of posting is listed in the brown bar above the text. You are replying to a post from 4 yrs. ago.

  10. #10
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    Default Re: Traffic Stop Led to Drug Possession Charges

    Quote Quoting DaveM
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    The date of posting is listed in the brown bar above the text. You are replying to a post from 4 yrs. ago.
    It's also not relevant, as bail was set for the OP and was promptly posted.

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