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.