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  1. #1
    Join Date
    Mar 2012
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    Default Can My Purse Be Searched on a Traffic Stop if My Boyfriend on Probation is Driving

    My question involves civil rights in the State of:
    My boyfriend who is on probation was driving my car and I was sitting in the front passenger seat with my purse on the floor. We were pulled over and since my bf is on probation the cops searched the entire car and all the passengers. They claimed to be able to search my purse because it was within arm's length of my boyfriend. I refused but they searched it anyway and found syringes so I got a ticket. Can this get thrown out?
    Also, before we were pulled over the we stopped at a gas station and the cop drove in, saw us, pulled across the street and waited for us to get on the freeway before pulling us over for "not stopping at a stop sign". Isn't this illegal profiling? Especially because the cop kept claiming he knew my bf from some drug raid or whatever (not true).
    The cop kept threatening to bring me down to the station so I could be searched for drugs and I believed him (I now know he was bluffing) so I gave up a Dilaudid I had in my bra. I didn't have a prescription then but I do now. Can this charge also be dropped?
    Under what penile code would this violation of my civil rights be under?

  2. #2

    Default Re: Can My Purse Be Searched on a Traffic Stop if My Boyfriend on Probation is Drivin

    Quote Quoting bgraybill
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    My boyfriend who is on probation was driving my car and I was sitting in the front passenger seat with my purse on the floor. We were pulled over and since my bf is on probation the cops searched the entire car and all the passengers. They claimed to be able to search my purse because it was within arm's length of my boyfriend. I refused but they searched it anyway and found syringes so I got a ticket. Can this get thrown out?
    Your attorney can attempt to get the evidence suppressed.


    Also, before we were pulled over the we stopped at a gas station and the cop drove in, saw us, pulled across the street and waited for us to get on the freeway before pulling us over for "not stopping at a stop sign". Isn't this illegal profiling? Especially because the cop kept claiming he knew my bf from some drug raid or whatever (not true).
    What part of it do you think is profiling? Your boyfriend HAS a criminal history, otherwise he wouldn't be on probation.


    The cop kept threatening to bring me down to the station so I could be searched for drugs and I believed him (I now know he was bluffing) so I gave up a Dilaudid I had in my bra.
    Cops are allowed to lie to you.


    I didn't have a prescription then but I do now
    Doesn't matter what you have now. If you didn't have a prescription THEN, that's what counts.


    Can this charge also be dropped?
    Why would it be? It appears to be a legit charge. You voluntarily turned over drugs for which you didn't have a valid and current prescription.


    Under what penile code would this violation of my civil rights be under?
    It's under the auspices of "case law", which in a nutshell provides that the solution for illegally obtained evidence is that the evidence be suppressed. A successful challenge might be made on the search of the purse - but you volunteered the Dilaudid.

    It's time for you to consult local council.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can My Purse Be Searched on a Traffic Stop if My Boyfriend on Probation is Drivin

    Quote Quoting bgraybill
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    The cop kept threatening to bring me down to the station so I could be searched for drugs and I believed him (I now know he was bluffing) so I gave up a Dilaudid I had in my bra.
    Here's it in a nutshell: If a cop says he can do something he's usually lying ... otherwise it would already have been performed.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can My Purse Be Searched on a Traffic Stop if My Boyfriend on Probation is Drivin

    Quote Quoting bgraybill
    View Post
    My question involves civil rights in the State of:
    What state are we talking about?
    Quote Quoting bgraybill
    My boyfriend who is on probation was driving my car and I was sitting in the front passenger seat with my purse on the floor. We were pulled over....
    For running a stop sign... and anything else?
    Quote Quoting bgraybill
    ...and since my bf is on probation the cops searched the entire car and all the passengers. They claimed to be able to search my purse because it was within arm's length of my boyfriend. I refused but they searched it anyway and found syringes so I got a ticket.
    If something is within "grabbing distance" of a person who is subject to search but has not been taken into custody, it's fair game. A purse can easily contain a knife or a gun.
    Quote Quoting bgraybill
    Can this get thrown out?
    You haven't shared enough facts for an analysis of the stop or search. Discuss the details with your lawyer.
    Quote Quoting bgraybill
    Also, before we were pulled over the we stopped at a gas station and the cop drove in, saw us, pulled across the street and waited for us to get on the freeway before pulling us over for "not stopping at a stop sign". Isn't this illegal profiling?
    How would it be profiling?
    Quote Quoting bgraybill
    Especially because the cop kept claiming he knew my bf from some drug raid or whatever (not true).
    Irrelevant, though, to the question of whether or not he ran a stop sign.
    Quote Quoting bgraybill
    The cop kept threatening to bring me down to the station so I could be searched for drugs and I believed him (I now know he was bluffing) so I gave up a Dilaudid I had in my bra. I didn't have a prescription then but I do now. Can this charge also be dropped?
    If you have a basis to suppress the entire stop and search, it may be possible to suppress the later discovery as the 'fruit of the poisonous tree'. But so far you have not stated facts that would support the suppression of any evidence, and so we again have to instruct you to discuss the details with your lawyer.
    Quote Quoting bgraybill
    Under what penile code would this violation of my civil rights be under?
    Penal code. Penile is something else entirely.

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