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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Drug Paraphernalia Found After Consensual Search of a Car

    My question involves criminal law for the state of: Georgia

    On January 4, 2014 around 2 in the morning,


    My two friends and I go for a drive to our nearest gas station for drinks and a pack of cigarettes. Let's call the two people with me John and James. We are headed back to my house and about a mile down the road and we notice a car following. We make a right turn towards my neighborhood and see it's a cop, he immediately flashes us to pull over. We comply with everything the cop asks, unfortunately we are 3 males, 2 Caucasian passengers and 1 African American driver. Your typical profiling case. My friend has a valid driver's license, doesn't have it on him. He gives them his government issued Social Security card and they come back and say his license is not valid in the state of Georgia.

    Once this is discussed John is asked to step to the back of the vehicle and empty his person. After they see he isn't in possession of anything, they ask to search the car. John complies and lets them, all while another 1 of 3 more cops are heard saying there is something in there because John's eyes were not dilating correctly. They search the car and find a glass 'tobacco' pipe. The officer says "just as I thought" as another one states that he saw me put it under my seat. John admits to it being his, unlike what this officer "saw". They all begin to question John and ultimately tell him he is being charged with no state license, DUI, failure to maintain lane, and paraphernalia. None of us had any alcohol to drink but the officer is going off the assumption of the glass pipe and says he is Driving under the influence.

    The officer pulled us over for "too wide of a right turn and you have no brake lights". The car is an early model Chevrolet caviler, the tail lights work but are very dim. We made a right turn, a normal, law abiding citizen, regular everyday right turn

    This 'bust' was all on the assumption that different races riding in an older car early in the morning are bound to be getting into trouble.

    In other words PROFILING the innocent.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Police Profiling

    So do you have a legal question?

    Who is innocent here? It sounds like, based on your description, the officer had a valid reason to stop your friend. Your friend was apparently operating the vehicle illegally and was in possession of drug paraphernalia. You can be DUI if you are under the influence of drugs, not just alcohol. Had he been partaking of any illegal substances prior to driving?

    Were you or the other occupant of the vehicle charged with anything?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Police Profiling

    Despite what you hear profiling is NOT ILLEGAL it's good police work. It makes no sense wasting resources on those who are not likely to be committing crimes.

    I'm trying to understand what profile you fit? Too integrated? Provided there was articulable suspicion of a crime, he was free to stop the driver. Driving while suspended is a crime and he can be arrested and searched. FSTs are perfectly valid during the stop as well. He needs a lawyer but nothing you gripe about means anything.

  4. #4
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Police Profiling

    It is illegal to
    1) Drive under the influence of drugs and/or alcohol
    2) Drive while your license is suspended or revoked
    3) Fail to have on your person your state issued Operators License
    4) go Left of Center (which is what I am assuming the too wide of right turn caused)
    5) operate a vehicle with defective or substandard equipment (tail lights)

    This appears to be a good stop. Your friend needs to speak with his attorney.

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Police Profiling

    Quote Quoting RyanMc
    View Post
    This 'bust' was all on the assumption that different races riding in an older car early in the morning are bound to be getting into trouble.

    In other words PROFILING the innocent.
    What evidence (other than pure speculation and your own brand of prejudiced stereotyping) do you have to back up that claim? Did the officer tell you this? Are you a mind reader? Because you also state this:

    Quote Quoting RyanMc
    View Post
    The officer pulled us over for "too wide of a right turn and you have no brake lights". The car is an early model Chevrolet caviler, the tail lights work but are very dim. We made a right turn, a normal, law abiding citizen, regular everyday right turn
    If your friend crossed the centerline of the roadway or otherwise left his lane during the turn, that is a traffic violation. If the tail lights do not meet the statutory requirements for brightness and visibility, that is a traffic violation. So, the cop gave not one but two valid reasons for the stop…reasons that were violations of the traffic laws, not “normal, law abiding citizen, regular everyday” driving behavior. And, yes, making a lane violation during a turn (like the cop described) is one indicator of a driver impaired by alcohol and/or drugs.

    From your description, it sounds like the search and discovery of drug paraphernalia was consensual and, therefore, perfectly legal. The driving behavior, eyes not dilating correctly, and the presence of drug paraphernalia is more than enough reasonable suspicion to allow the cops to further investigate the driver for DUI. And, apparently, that investigation led to probable cause to charge your friend with DUI…along with the license violation, the paraphernalia, and the traffic violation (far from your description of a "law abiding citizen").

    Your own description of the event makes it sound like (contrary to your unsupported claims of “profiling”) a completely valid, reasonable, and professional traffic stop and subsequent successful investigation of criminal behavior.

    So, do you actually have a question or did you simply want to share your opinion regarding what constitutes “Your typical profiling case?”

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