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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default Caught With Drugs After Being Stopped on Private Property

    My question involves criminal law for the state of: CALIFORNIA Last weekend my Husband and I were on private property, we were in the process of pulling out when a Sheriff passing by on the public road, stopped his patrol car and proceeded to back up. My husband put his truck in park as it was obvious the Sheriff was backing his patrol car up to us. He motioned for my Husband to get out of the truck which my Husband did, at which time the officer immediately placed him into the back of his patrol car. The Sheriff walked back to the truck where I was sitting passenger (the only person in truck) and he immediately took my cell phone from me and placed it on top of my husbands truck. He then asked me what we were doing there, he told me a neighbor had called and told dispatch that there was activity at an abandoned house and that there shuld not have been activity at that address. My husband and I had some marijuana in the bed of the truck , which we had just found off the side of the road, there had been a marijuana bust and to our better judgement we picked some of that marijuana up from the side of the road that the officers had left behind. My husband and I were later after approx. 5-6 hours after initial pull over were taken and charged with transportation of marijuana. After being released for overcrowding I was reading what they charged us with and it is HS11352(a), it is my understanding that is transporting heroin/cocaine, the correct charge should be HS11360. Is the way the officer pulled my husband out of the truck and put him immediately in patrol car isn't that wrong for a routine traffic stop? Especialy since we were on private property?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Responsibilities Suring a Routine Traffic Stop

    Quote Quoting MANDYG
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    Is the way the officer pulled my husband out of the truck and put him immediately in patrol car isn't that wrong for a routine traffic stop? Especialy since we were on private property?
    From your description of events, the officer did not conduct a “routine traffic stop.” In fact, it was not traffic related at all. It sounds like the officer was detaining you and your husband to investigate a report of trespassing or maybe even burglary. You seem to place great importance to the fact that you were on “private property.” However, I’m betting it was not YOUR private property nor any property that you had any legal or legitimate reason for entering in the first place! The stop, detention, and subsequent arrest sounds (to me) completely legit, legal, and appropriate.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Responsibilities Suring a Routine Traffic Stop

    Quote Quoting MANDYG
    View Post
    Last weekend my Husband and I were on private property,
    What kind of "private property?" A residential driveway? A shopping center? What?

    My husband and I had some marijuana in the bed of the truck , which we had just found off the side of the road, there had been a marijuana bust and to our better judgement we picked some of that marijuana up from the side of the road that the officers had left behind.
    Yes, that was very poor judgement.

    My husband and I were later after approx. 5-6 hours after initial pull over were taken and charged with transportation of marijuana. After being released for overcrowding I was reading what they charged us with and it is HS11352(a), it is my understanding that is transporting heroin/cocaine, the correct charge should be HS11360.
    You would appear to be correct. You had better hope that the DA does not catch the error before trial or they will have a hard time proving their case. Chances are the DA will correct the matter before any preliminary hearing.

    A plea deal to possession and then into diversion might be a good idea.

    Is the way the officer pulled my husband out of the truck and put him immediately in patrol car isn't that wrong for a routine traffic stop? Especialy since we were on private property?
    When an officer affects a detention, it is perfectly lawful to detain a person in a patrol car. As he was alone, and probably wanted to make sure he was safe and that interviewed you separately, it would seem a prudent thing to do.

    The private property issue is not likely to be an issue ... was this YOUR property? Did you have permission to be on the property? Had you been at the location that had been the subject of the call? The police CAN act on private property. There is no invisible wall that prevents the police from taking action on otherwise private property so long as it is publicly accessible as this obviously was.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Responsibilities Suring a Routine Traffic Stop

    My husband and I had some marijuana in the bed of the truck , which we had just found off the side of the road, there had been a marijuana bust and to our better judgement
    Sounds like a legal arrest. I suggest you investigate obtaining better, better judgment, in the future. As stated, better hope they don't realize the discrepancy.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Caught With Drugs After Being Stopped on Private Property

    The law does not require they prepare it for sale or use, prior to weighing.

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