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  1. #1

    Post Help with illegal search and seizure

    Ok...so here is my story. I was skateboarding with a friend in a parking lot of a business. Now I did not see a sign posted near were we where that would signafy no skateboarding. Soon a police office showed up and we grabbed our skateboards and continued to leave. As we walked towards the cop he said that you can't be skateboarding here. I told him alright and that we will be on our way. After that he said there was a report for underage smokers in the area skateboarding. My friend who was of age said that he had been smoking. He checked him out and he was fine. Than another police officer(girl to be exact and we are both males) showed up. He than asked us if we had anything illegal on us and we said no. He than told us to empty our pockets. My friend said alright and I said nothing. Than he said your turn and I emptied my pockets and gave him my cigarettes. Than the other "woman" police officer came out and stood next to us. The officer called my parents and told them that I had cigarettes and told them I was being sent home. He got out of his car and told us that we were good to go. I was gathering my things that I had emptied out of my pockets when the woman police officer said, "whats that in your pocket right there," and began patting my right pocket where there was a buldge that could be caused by a wrinkle in a pant. I said nothing and the officer asked me to step towards his vehicle and put my arms on his hood. I said nothing and was guided/forced to were he pointed. He did not pat me down in any way, but reached into my pocket and grabbed out a bag of marijuana. Than they took me to the car hand cuffed me and did not even read me my miranda rights. I would really apreciate it if someone could inform me if the police officer conducted an illegal search.

    p.s. I did not mean to affend anyone by putting woman in quotations. It was to signafy the sex of police officer and nothing more.

    Thanks please help me out if anyone has had a previous situation like mine or who knows anything about this.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Help with illegal search and seizure

    Just from the facts as you posted them, I would say you would have a hard time getting this evidence (the dope) thrown out.

    The court could say that this was a search incident to an arrest or a pat down for the safety of the officer.

    However, several court decisions have stated that an officer couldn't reasonably believe that a soft bag of dope could ever be mistaken for a weapon.


    Bottom line:

    Get a lawyer and a haircut.



    Standard answer

    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

    Bathe and wash your hair.

    Do not bring small children or your friends.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

    From marbol:

    “Judge...

    You forgot the one thing that I've seen that seems to frizz up most judges these days:

    If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

    If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

    Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

    (Better yet, don’t carry your cell phone into the courtroom.)”


    Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

    3. I’ve got a job/military posting in [name a place five hundred miles away].

    4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

    5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

    6. I was influenced by a bad crowd.

    http://forum.freeadvice.com/showthre...687#post854687

    Public defender’s advice

    http://newyork.craigslist.org/about/.../70300494.html


    Other people may give you other advice; stand by.

  3. #3
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: Help with illegal search and seizure

    Quote Quoting taters mcphar
    He than asked us if we had anything illegal on us and we said no.
    You lied then, when you said you didn't have anything illegal.


    Quote Quoting taters mcphar
    He got out of his car and told us that we were good to go. I was gathering my things that I had emptied out of my pockets when the woman police officer said, "whats that in your pocket right there," and began patting my right pocket where there was a buldge that could be caused by a wrinkle in a pant. I said nothing and the officer asked me to step towards his vehicle and put my arms on his hood. I said nothing and was guided/forced to were he pointed. He did not pat me down in any way, but reached into my pocket and grabbed out a bag of marijuana. Than they took me to the car hand cuffed me and did not even read me my miranda rights. I would really apreciate it if someone could inform me if the police officer conducted an illegal search.
    If you lied then they may have had reason to search you. I just call it good police work. Unless marijuana is legal in your state. LOL

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help with illegal search and seizure

    Building upon what Sr. said, if you consented to the earlier search the officer's removal of the marijuana may be deemed consensual. If you said "I don't have anything left in my pockets", that deception may justify the officer's investigation of the item(s) you did not remove. Also as Sr. indicated, it's going to depend upon how the court analyzes the search and seizure issues under the laws of your state.

  5. #5

    Default Re: Help with illegal search and seizure

    Well thanks for giving me some advice on this issue. I do however have one more question. Was it legal for the female officer to touch the buldge that was located on my leg, and if it wasn't should I bring that up in court or could that only bring a worse sentance. Now I am not sure on the rules for a female officer to do a search on a male, but would that not be sexual harassament?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help with illegal search and seizure

    Oh, come on. A female officer can legally frisk you (and I'm not just talking a pat-down).

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: Help with illegal search and seizure

    Quote Quoting taters mcphar
    Well thanks for giving me some advice on this issue. I do however have one more question. Was it legal for the female officer to touch the buldge that was located on my leg, and if it wasn't should I bring that up in court or could that only bring a worse sentance. Now I am not sure on the rules for a female officer to do a search on a male, but would that not be sexual harassament?
    Yes, it was legal ... and it was not sexual harassment.

    If you think of it logically, if only women could search women - and vice versa - then we'd have a lot of long detentions in my county as there are only 3 currently working female officers in my whole county (two with the sheriff's office and one with the CHP) ... we'd never be able to pat-down females!

    A jail search is another matter. But a field search is goin gto be perfectly lawful and based upon articulation of good cause for the search and not the gender of the involved parties.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Oct 2006
    Posts
    11

    Default Re: Help with illegal search and seizure

    I always suggest saying nothing to cops or agreeing to empting out pockets or searches without warrents. You don't have to empty your pockets or let them search (unless they got probable cause but then they can obtain a search warrent) I always tell cops that I do not give them consent to search me or my property it is my right.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: Help with illegal search and seizure

    Well, that's all fine and dandy, but if we have good cause we don't generally need to go get a warrant. If you refuse to consent, and they search anyway, then you can always move to have any evidence dismissed due to the illegal search. However, if they have good cause for the search then you could be sunk.

    Heck, when people don't talk to me it makes my report shorter and saves me time. Usually we don't need their statement anyway, but in some cases it helps to have them 'fess up.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Oct 2006
    Posts
    11

    Default Re: Help with illegal search and seizure

    Cops always seem to bully people into "fessing up". I suggest never fessing up ever, get a lawer even if it is a public pretender.

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