Arrested for Criminal Possession of a Controlled Substance 7th

[panoramicsunset]

What is the name of your state? NY

I got arrested last week for driving without a license. My license had gotten revoked for having to many speeding tickets. The cop pulled me over for my license plate bulb being out, and after running my license he found out that i did not have one. he had me get out of the car, put me in cuffs and put me in his car. He then proceeded to search my car. He found 3 Hydracodone pills in my car. They were not in a container...they were in a plastic baggy(which doesn't look good), and they were not prescribed to me. I was given them by a friend for my bad back.

Was it legal for him to search my car?
Does it matter that the cop did not put his hat on when he got out of his car? i know that in the military and i think state troopers must always have on there hat or they are considered out of uniform.
What actions should i take before going to court?
I am totally in the dark on what i should do.What is the name of your state?

 

[You Are Guilty]

Was it legal for him to search my car?

Yep.

Does it matter that the cop did not put his hat on when he got out of his car? i know that in the military and i think state troopers must always have on there hat or they are considered out of uniform.

You're kidding, right? Took a few of those pills before typing this? (Of course, you are free to rasie every defense you like at your hearing).

What actions should i take before going to court?

Getting your tickets paid and your license reinstated would be an excellent start. Hiring a traffic attorney ought to be #2 on your "to do" list.

I am totally in the dark on what i should do.What is the name of your state?

See above.

 

[pipeline]

What probable cause did the officer have to search his car?

 

[JETX]

What probable cause did the officer have to search his car?

Actually, it wasn't probable CAUSE (nor did YAG claim it was), but the search was likely valid as it was incident to the arrest of the driver/owner.

See: http://www.justia.us/constitution/amendment-04/14-search-incident-to-arrest.html

 

[seniorjudge]

Does it matter that the cop did not put his hat on when he got out of his car?

This is the all-time winner!

 

[CdwJava]

Does it matter that the cop did not put his hat on when he got out of his car?

This is the all-time winner!

Oddly enough, there have been cases won over this argument! However, I think they were traffic cases.

There was a state - or several states - that required an officer to be in "full uniform" to conduct traffic enforcement and within those states the policies of the particular state agencies mandated a hat for an officer to be in complete uniform. I have actually seen a few of these cases from years past. I doubt they are relevant now, but 15 or so years ago there WERE actually cases involving this level of absurdity!

- Carl

 

[CdwJava]

What probable cause did the officer have to search his car?

In addition to the search incident to arrest (which would be limited) the officers are free to conduct an inventory (search) of the entire vehicle and everything contained within - including the trunk pursuant to a vehicle impound policy. If the driver were arrested, presumably his vehicle would be subject to impound for safekeeping.

This is the most commonly requested policy item (by defense attorneys) from agencies in CA.

- Carl

 

[AHA]

What is the name of your state? NY

I got arrested last week for driving without a license. My license had gotten revoked for having to many speeding tickets. The cop pulled me over for my license plate bulb being out, and after running my license he found out that i did not have one. he had me get out of the car, put me in cuffs and put me in his car. He then proceeded to search my car. He found 3 Hydracodone pills in my car. They were not in a container...they were in a plastic baggy(which doesn't look good), and they were not prescribed to me. I was given them by a friend for my bad back.

Was it legal for him to search my car?
Does it matter that the cop did not put his hat on when he got out of his car? i know that in the military and i think state troopers must always have on there hat or they are considered out of uniform.
What actions should i take before going to court?
I am totally in the dark on what i should do.What is the name of your state?

You have over and over broken traffic laws and your only defence is that the cop didn't have a hat on??? Wow, what a major dufus!
I hope you never get your license back.

 

[AHA]

You said you didn't care what I thought, not about me you idiot. You do care what I think or you wouldn't be posting to me.

Pity you don;t care enough to stick to OP's problem instead of fighting a battle you won't win.
I'm sure OP would appreciate your apology for threadjacking for no good reason.....

 

[hdianne]

Pity you don;t care enough to stick to OP's problem instead of fighting a battle you won't win.
I'm sure OP would appreciate your apology for threadjacking for no good reason.....

Don't fret I gotta go now anyways. Try not to miss me too much.

OP: Sorry for hijacking your thread. There ya happy AHA?