Results 1 to 6 of 6
  1. #1

    Default Drug Paraphernalia Found in Car After Police Stop, Search

    My question involves criminal law for the state of: Ashland, Ohio

    My question involves criminal law for the state of: Ashland, Ohio

    I was pulled over at 12:52 am on Sunday the 19th of June for a burnt out license plate light. The officers comes up to my car, not once asking for license and registration (he asked if I owned the car). He proceeds to tell me about the light, not knowing exactly which one I asked him politely to show me which one it was.

    I leaned over to look up into the actual bulb to see if there was any source of light, which there was not. The officer asks me several general questions, Where you been? My answer "a friends", where's that? "ashland road", ok who is your friend? "chris", Chris who? "chris", You're telling me you do not know your friends last name? "no I do not.", Come on now be honest! "I am sir, it's not important to me." Have you been smoking anything illegal tonight? "no sir, the only thing I smoke is cigarettes" So you havn't done any illegal drugs? "no I have not" O.k. be honest! "I am" Your eyes are red. "I couldn't tell you why there is no reason."

    He proceeded to have me step away from my car (which is still running, lights on, glove compartment locked and is opened using the key, that is in the ignition on my started car.). He kept asking me to be honest, and kept asking if he would find anything in my car. Which I repeatedly told him no. I denied any knowledge of there being anything illegal in my car, and he asked if his dog would hit anything. no.

    He turns away and gets in my car, I asked what he was doing. He didn't respond. He then comes out with the "bowl" I had in my car. This bowl was not mine, did not know it was in there, and told him that. He laughed at me. I told him I sort of knew the person, but refused to say any names.(by telling the officer I just did not remember. He tells me he is going to have to cuff me, and pat me down. I heard the law was, they can only pull stuff out of your pocket if it feels like a weapon. But he reaches into every pocket and pulls everything out. So he takes my wallet, and puts two other things I had in my pocket back but together in a different pocket (rolling papers, broken pen.) He proceeds to walk me towards the car, when I asked, "Can I have my wallet back?" no you cannot. "how can you just take my wallet?" Because it is my job to have control of your possessions at this time. so I said, "You did not take all of my possessions, there are still some in my pocket." I am only worried about your wallet. Then I am put in his car. Throughout the night my pants were searched like 6 times. 3 times at the station alone. The papers, and pen that the officer had left because he was "worried about my wallet" were both taken at the station and never given back. They had my go into a small room and take off my pants in front of 2 guy officers. The same two who already searched my pants not even 5 minutes ago. I ended up in a holding cell for like 2 hours which eventually a couple of friends of mine got me out after they handed me two tickets. No bail or anything. I give more detail but I'm not sure what to look for

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Drug Paraphernalia Found in Car After Police Stop, Search

    So, what's your question, exactly?

    Your stop was legit - your bulb was burned out. The officer had cause to suspect you were under the influence of something - your eyes were red - so he had the right to search your vehicle.

    You'd do well to retain counsel. "It's not my bowl, it belongs to someone I barely know!" does not fly in court. Unless you can get the person to whom it belongs to step up, you're on the hook for it.

  3. #3

    Default Re: Drug Paraphernalia Found in Car After Police Stop, Search

    I took accutane a while back, makes me dry out hence the eyes. Besides that, it's allergy season, people are stuffed up and sick, it was one in the morning. All reasonable explanations for any eye issues. He did not mention the fact that he was going to search my car, which at that point I was not charged with anything. He did not mention why he was searching my car. He turned off my car, took my keys, and unlocked my glove compartment. What about the stuff he left in my pocket after he told me he was to have my possessions? The officer whom drove me, did not ask about my seatbelt, when I asked about it he told me "you're a big boy you can handle it" as he said this his mph were 35 in a 25, then switched to 45 in a 35 till the jail. Personally I asked him to put it on, he would not stop even after I told him that I NEVER drive without it on.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Drug Paraphernalia Found in Car After Police Stop, Search

    Besides that, it's allergy season, people are stuffed up and sick, it was one in the morning.
    You told him "I couldn't tell you why there is no reason."

    One more time: Retain counsel. Complaining at us might make you feel better, but it's not going to help your situation at all.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Drug Paraphernalia Found in Car After Police Stop, Search

    Also understand that marijuana wreaks. Burnt, green, whatever, it smells. The odor is pungent and anyone who does not use it can generally smell it real easy. My guess is that he smelled the marijuana either on you or in the car and when he saw you with red eyes it only strengthened his suspicions.

    You can retain legal counsel who might then make a motion to suppress the bowl as a result of an unlawful search. If the officer is capable of articulating the probable cause required to support the search, there may be little more to do but accept a plea deal to keep you out of jail. Oh, and understand also that the crime of possession not about ownership but about dominion and control. Unless the contraband was located tucked far beneath a passenger seat, it may be a tough sell for you to claim you did not know it was there.

    Consult an attorney ASAP.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Drug Paraphernalia Found in Car After Police Stop, Search

    Quote Quoting ShaneWilkinson
    View Post
    . I heard the law was, they can only pull stuff out of your pocket if it feels like a weapon.
    I live in Ohio also, in accordance with the 4th AM, a search conducted absent a warrant is presumptively unreasonable. It is then up to the govt. to show it was within one of the exceptions carved out.

    Ohio's search and seizure clause is "Co-extensive" with the federal 4th, with only a few exceptions. The 4th AM permits a full search of a person who is about to be arrested, although the magic words were not uttered, as long as the arrest is contemporaneous with the search. Obviously you were arrested. You do not have to be told "you are under arrest" first, as far as my knowledge goes.

    It may be he saw the bowl in plain sight, which gave him probable cause to enter the vehicle without a warrant also.

    I ended up in a holding cell for like 2 hours which eventually a couple of friends of mine got me out after they handed me two tickets. No bail or anything.
    A paraphernlia charge under state law a Misdemeanor of the 4th degreee, which is an arrestable offense.

    He released you with a summons, although he could have had you make bail if I am not mistaken. He also could have issued a summons in lieu of arrest if he had a mind to.

    Under state law, the light out is a minor misdemeanor and is probably the same classification under Ashland laws, but could be higher, did not look.

    If you wish to challenge the legality of the search, etc, you can plead not guilty. If you can not afford an attorney, one will be appointed for you for the M-4 charge, you are also entitled ot a jury trial.

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Admitted to Paraphernalia, Search Found Drugs
    By dom1 in forum Criminal Procedure
    Replies: 10
    Last Post: 05-30-2011, 03:24 PM
  2. Search and Seizure: Narcotics Found During Traffic Stop - Probable Cause for Residence Search?
    By hopper in forum Criminal Procedure
    Replies: 5
    Last Post: 12-12-2010, 01:22 AM
  3. Search and Seizure: Suppressing a Search of a Car that Found Drugs and Paraphernalia
    By Jkell in forum Criminal Procedure
    Replies: 23
    Last Post: 08-10-2010, 03:30 AM
  4. Paraphernalia: Drug Paraphernalia Found During a Traffic Stop
    By johannesfumpf in forum Criminal Charges
    Replies: 2
    Last Post: 05-02-2010, 09:44 PM
  5. Paraphernalia: Drug Paraphernalia Found During Search in Pennsylvania
    By MikesGrl11803 in forum Criminal Charges
    Replies: 9
    Last Post: 01-02-2008, 06:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources