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  1. #1
    Join Date
    Nov 2008
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    12

    Angry Pulled Over and Car Searched

    My question involves police conduct in the State of: illinois

    hi.

    i'm looking for any and all input on this situation.

    i was in a bad neighborhood and i pulled up behind a detective car at a stop sign.
    i went down the street to a store and picked up 3 kids who had been harassed by the two detectives in the car about 15 minutes prior. the detectives then rolled past us.

    we began to drive through a parking lot to a store.

    the detectives pulled out of an alley ahead of us and turned towards us, and passed us. i pulled into a parking space, and then they parked behind me.

    one detective claimed that i had committed a noise violation. i do not believe i had, because i thought my music was low. it was the same volume as it was when i pulled up behind them at the stop sign, and they did not stop me then. they searched my three friends, and found nothing, and then searched me, and found nothing.

    the detective gave me the usual "do you have anything you're not supposed to have in your car, you don't mind if i take a look". i said no, you do not have my consent to search my car. he told me he would call the k-9 unit, and i said go ahead and call them. he told me to go sit on the curb with my 3 friends and not move.

    he then proceeded to peek inside my car from all angles. my car was clean, swim(someone who is not me)'s pot was locked inside the glove compartment. then he started to get in my car and search. he took the keys out of the ignition and unlocked the glove compartment and found the pot, and i was arrested. note: i did not "take the blame" and "save my friends from being arrested". as i am aware this negates my ability to fight against my civil rights having been violated.

    with no k-9 unit, no consent, and no warrant, did the police have the right to search my car? when i repeatedly told the officer in my car he did not have my consent to search my car, his buddy started going off about how they didn't need it and that they had probable cause. he was standing on the passenger side of my car, where both doors were shut and both windows rolled up, and laughingly told me he "smelled marijuanna".
    did they have probable cause?

    aftermath:

    i was brought to the station and when i told the officers i would not talk, they told me they were going to my house with a consent warrant and they locked me up. i did not get a phone call, and when i asked why, i was told i was not being imprisoned, just "restrained" or "temporarily held" or something. they went to my house and my parents signed the consent form, and they found more of swim's pot. a half ounce, a scale, and baggies.

    i am being charged with two misdemeanors: "Unlawful Possession Of Drug Paraphernalia", and "Unlawful Possession of Cannabis"(Approximately 16 grams of cannabis). Does this mean they have not, and now can not charge me with intent to distribute? and that is a felony, correct?

    my main concern: can my case be thrown out by a lawyer, assuming the detectives were "in the wrong" in the first place?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Pulled Over and Car Searched, Legal

    the car situation: you will get a chance to have the search tossed. The officers will get a chance to articulate probable cause. They win, you lose. You win, you win.

    the house: search was by consent. legal.

  3. #3
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    Nov 2008
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    12

    Default Re: Pulled Over and Car Searched, Legal

    Quote Quoting jk
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    the house: search was by consent. legal.
    does it matter that they charged me with having the 16 grams at the place of arrest? i read the papers and questioned them, telling them i did not have it at the time/place of arrest. they told me it didn't matter, that is how they were charging me.

    so if the search is deemed as in violation of some policy or civil right, would everything be thrown out, because the charges make it seem as if the paraphernalia and cannabis were products of the search?

  4. #4
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    Default Re: Pulled Over and Car Searched, Legal

    Oh, I see now. You're the guy with the I-phone.


    So fight it in court. If the officer can articulate probable cause that is acceptable by the courts, you are still losing.

    Actually, if they are saying the dope was in the car, it is better for you. If you can get the search tossed, the dope would go along with it. If they found it in the house, it's still legit evidence against you.

  5. #5
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    Nov 2008
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    Default Re: Pulled Over and Car Searched, Legal

    Quote Quoting jk
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    Oh, I see now. You're the guy with the I-phone.


    So fight it in court. If the officer can articulate probable cause that is acceptable by the courts, you are still losing.

    Actually, if they are saying the dope was in the car, it is better for you. If you can get the search tossed, the dope would go along with it. If they found it in the house, it's still legit evidence against you.
    well the dope was most definitely not in the car.
    but i am being charged as if i had it on location.
    and yeah, i'm the guy with the iphone haha.

  6. #6
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    Sep 2005
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    Default Re: Pulled Over and Car Searched, Legal

    Did he read the messages on your iPhone before or after he searched the glove box?

  7. #7
    Join Date
    Aug 2007
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    Default Re: Pulled Over and Car Searched

    [QUOTE=juan4u;264117]
    with no k-9 unit, no consent, and no warrant, did the police have the right to search my car? when i repeatedly told the officer in my car he did not have my consent to search my car, his buddy started going off about how they didn't need it and that they had probable cause. he was standing on the passenger side of my car, where both doors were shut and both windows rolled up, and laughingly told me he "smelled marijuanna".
    did they have probable cause?


    First, even if the noise level was within the proper limits, if the officer wanted to pull you over they would lie about it. Most cops are hard working dedicated public servants, but some abuse thier power, ethically and constitutionally. You have a right to challenge the stop "at it's inception", yes.

    Many jurisdiction's permit officer's to search, at minimum, the passenger compartment of a car for contraband when a recent odor of MJ is detected, some may not? This is the probable cause they allege to have articulated to you? Your state constitution's search and seizure case law is probably controlling here.

    Pot was found in the car, so it is safe to assume there was some smoking going on while in the car? Yes? No?


    aftermath:

    i was brought to the station and when i told the officers i would not talk, they told me they were going to my house with a consent warrant and they locked me up. i did not get a phone call, and when i asked why, i was told i was not being imprisoned, just "restrained" or "temporarily held" or something. they went to my house and my parents signed the consent form, and they found more of swim's pot. a half ounce, a scale, and baggies.
    Discuss this with your attorney when one is retained or appointed, you WERE arrested, regardless of the label assigned to it by the officers, and were entitled to arrange bail and or an attorney by phone.

    Did BOTH parent's consent. If one did and one did not, you may have a 4th Amendment violation.

  8. #8
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    Mar 2005
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    Michigan
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    Default Re: Pulled Over and Car Searched

    How old are you? Where in the house was the marijuana located - your bedroom? Did you share your bedroom with anybody?

    Just curious - your handle here could be construed as [mari]juan[a]4u. Coincidence?

  9. #9
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    Jan 2006
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    Default Re: Pulled Over and Car Searched

    [quote=BOR;264234]
    Quote Quoting juan4u
    View Post


    Did BOTH parent's consent. If one did and one did not, you may have a 4th Amendment violation.
    My understanding is as long as anybody that appeared to have control of the residence at the moment could allow a search.

    Is this wrong?

  10. #10
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    Mar 2005
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    Michigan
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    Default Re: Pulled Over and Car Searched

    It's a more involved analysis, which can vary somewhat by state, turning first upon whether the parent has actual authority to consent to the search of the adult child's room, and the parent-child relationship is only a part of that analysis - other factors may include whether or not rent is paid and the amount of parental access into the child's space (the extent of joint access or control, or mutual use). If not, the police may be able to justify the search based upon apparent authority - whether the police would reasonably believe under the circumstances that the parents had the authority to consent to the search.

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