Car searched without consent

[Newhuis]

What is the name of your state (only U.S. law)? Illinois

I was arrested last night two houses down from my house for apparently not stopping good enough at a stop sign in which the arresting did NOT see, but his Sargent, magically seen from a block away. I was told I was driving like an ******* which I was not. Also I was excessive speeding in which is also false for the fact I have a 1987 Blazer that has an acceleration problem and cannot go over the 30mph speed limit in the little space from a stop sign to another stop sign. Also I was asked to step out of the car in which he then proceeded to search me and found nothing then he went into my car with the reason that I had a pocket knife on my visor, which is in legal blade size limit that I use for work. He proceeded to find a plastic grinder and bowl for marijuana with no marijuana in the vehicle. I was not high, there was no smell. I am 17 years old and I was out past curfew but I was at my friends house watching the NBA playoffs and I came straight home and had my mothers consent. So he arrested me and towed my car. He ended up writing me a ticket for a "Noisy Muffler" which is broken and I haven't been able to fix, disobeying a stop sign, and drug paraphernalia. I did not give him permission to search my vehicle. What can I do?

 

[swalsh411]

Have your attorney file a motion to quash the evidence. It won't help with the non-drug tickets though.

When you say "curfew" do you mean you couldn't legally be out at that hour?

 

[CdwJava]

What is the name of your state (only U.S. law)? Illinois

I was arrested last night two houses down from my house for apparently not stopping good enough at a stop sign in which the arresting did NOT see, but his Sargent, magically seen from a block away.

It's actually pretty easy to see headlights moving (and not stopping) from a block away. You can always try and argue in court that the observing officer's angle wsa too poor to see whether you came to a complete stop or not, but only you know whether you did stop or not.

I was told I was driving like an ******* which I was not.

So why do YOU think the officer stopped you? Just bored and picked you art random to be the subject of an unlawful seizure and civil rights violation?

He proceeded to find a plastic grinder and bowl for marijuana with no marijuana in the vehicle.

Did he ask for consent? Did you give consent? Did you deny him permission to search after he said something like, "You don't mind if I look in the car, do you?"

If there was no consent, then his search would have to be based upon some sort of articulable probable cause. What that might be, we can't say. I suspect his reasoning will be mentioned in the police report. Your attorney can challenge the officer in court and attempt to cast reasonable doubt upon the officer's testimony in an attempt to get the search suppressed.

I was not high, there was no smell.

Truth be told, marijuana smells. A grinder and bowl with residue will tend to wreak to some small degree. Whether the officer noted a smell or not, I can't say. And, if you and your friends had recently smoked even a little, or transported a good amount of marijuana, the interior may well have smelled of marijuana. The odor tends to get into things and stay there for some time.

He ended up writing me a ticket for a "Noisy Muffler" which is broken and I haven't been able to fix, disobeying a stop sign, and drug paraphernalia. I did not give him permission to search my vehicle. What can I do?

You ask mom and dad to hire you an attorney and promise to somehow pay them back. If they cannot afford one, and you lack the resources to hire one, the court will probably appoint one for you if the offenses are such that you qualify for appointed counsel.

If you're really unlucky, mom and dad will yank your license and take away the car because you are using and/or smoking dope. (If you were one of MY sons, you'd get to watch as I shred your license.) I doubt that mom and dad will be all too pleased that you are smoking dope, and they may even suggest you just pay the whole thing off yourself ... of course, that's assuming you have a job.

The moral of the story is: Drive carefully, and always, ALWAYS leave the dope and supplies well hidden AT HOME. (Better yet, get clean and sober ... your life will be so much better and more productive that way.)

 

[Newhuis]

Have your attorney file a motion to quash the evidence. It won't help with the non-drug tickets though.

When you say "curfew" do you mean you couldn't legally be out at that hour?

It was around 12:50AM when I was pulled over. My license legally expires at 11PM unless I am coming from school or work. I had the consent of my parent so he didn't do anything about that. I currently don't have an attorney and won't get one unless I know I can win because I am having to pay for this myself and being 17 I don't have the income.

 

[Newhuis]

So why do YOU think the officer stopped you? Just bored and picked you art random to be the subject of an unlawful seizure and civil rights violation?

I hate to say it but this is exactly it. When I asked which stop sign, he motioned towards a block with 5 stop signs. Couldn't tell me which one. I was past EVERY stop sign and a half mile down the road when I was pulled over

Did he ask for consent? Did you give consent? Did you deny him permission to search after he said something like, "You don't mind if I look in the car, do you?"

Not once did he ask me. Whole I was behind the car he pointed his flashlight and said "we're searching your car because you have a knife on your visor." Legal, used for my job.

Truth be told, marijuana smells. A grinder and bowl with residue will tend to wreak to some small degree. Whether the officer noted a smell or not, I can't say. And, if you and your friends had recently smoked even a little, or transported a good amount of marijuana, the interior may well have smelled of marijuana. The odor tends to get into things and stay there for some time.

The thing is, I had it in a smell proof container in my middle console. I had not smoked in my car for over a week. I just got a car wash yesterday and had an air freshener and my carpets cleaned. No marijuana had been in or around the car for over a day. He never once said he smelled anything. I said I looked baked. I said its one in the morning I am tired as ****. I am 2 houses away from my bed. I had not smoked AT ALL yesterday.

The moral of the story is: Drive carefully, and always, ALWAYS leave the dope and supplies well hidden AT HOME. (Better yet, get clean and sober ... your life will be so much better and more productive that way.)

I was MADE sure I stopped at every stop sign for the fact that were I was is very hot with police. Typical teenage answer but I honestly forgot it was in the car even. but thanks for your advice

 

[CdwJava]

It was around 12:50AM when I was pulled over. My license legally expires at 11PM unless I am coming from school or work. I had the consent of my parent so he didn't do anything about that. I currently don't have an attorney and won't get one unless I know I can win because I am having to pay for this myself and being 17 I don't have the income.

There's no way to KNOW that you can win.

You can always seek a free consultation from an attorney and see where that takes you.

And what about your parents? Since you are 17 what is their take on this?

 

[Newhuis]

There's no way to KNOW that you can win.

You can always seek a free consultation from an attorney and see where that takes you.

And what about your parents? Since you are 17 what is their take on this?

My mom is extremely upset at me. I admit that I was in the wrong for having it in my car, but if it was legally searched I wouldn't be here.

 

[CdwJava]

So why do YOU think the officer stopped you? Just bored and picked you art random to be the subject of an unlawful seizure and civil rights violation?

I hate to say it but this is exactly it. When I asked which stop sign, he motioned towards a block with 5 stop signs. Couldn't tell me which one. I was past EVERY stop sign and a half mile down the road when I was pulled over

It may have taken him a while to catch up to you.

If there are that many stop signs, and it was at night, chances are you rolled a couple of them. Remember, you must come to a COMPLETE stop at the limit line, not well before it, not after it, and rolling through - even slowly - doesn't count. Chances are the stop was good.

Did he ask for consent? Did you give consent? Did you deny him permission to search after he said something like, "You don't mind if I look in the car, do you?"

Not once did he ask me. Whole I was behind the car he pointed his flashlight and said "we're searching your car because you have a knife on your visor." Legal, used for my job.

if the knife was unlawful where it was, then that might give probable cause to search further. As I am not familiar with your state's laws regarding knives in vehicles or concealed weapons in general, I can only fall back to my previous statement that suggests an attorney might be able to suppress the search if the probable cause used to justify it was bad.

Truth be told, marijuana smells. A grinder and bowl with residue will tend to wreak to some small degree. Whether the officer noted a smell or not, I can't say. And, if you and your friends had recently smoked even a little, or transported a good amount of marijuana, the interior may well have smelled of marijuana. The odor tends to get into things and stay there for some time.

The thing is, I had it in a smell proof container in my middle console. I had not smoked in my car for over a week.

The odor can remain for a while. And if you had smoked it in the car, there is very often residue in ashtrays, on the seats, in the floor carpets, etc. that reek. Users do not notice it because, like cigarette smokers and pet owners, their sniffers tend to get so used to the odor that they sort of dismiss it as unusual. Those of us who do NOT use it are often quite sensitive to it. The fact that you had the car washed the previous day might have removed much of the odor - maybe all of it - but that depends on the thoroughness of the job.

But, you won't know whether or not he smelled anything until you either see a copy of the report or the officer testifies to it in court. And if there WAS an odor, then he can likely use that to support a further search and your consent issue goes away.

The moral of the story is: Drive carefully, and always, ALWAYS leave the dope and supplies well hidden AT HOME. (Better yet, get clean and sober ... your life will be so much better and more productive that way.)

I was MADE sure I stopped at every stop sign for the fact that were I was is very hot with police. Typical teenage answer but I honestly forgot it was in the car even. but thanks for your advice

Do you see how life would be so much easier without the dope? And, less costly?

If you keep using and smoking that stuff, it WILL effect your future and WILL lead to future police contacts. The sooner you relegate that activity to the dustbin of a juvenile past, the better.

 

[CdwJava]

My mom is extremely upset at me. I admit that I was in the wrong for having it in my car, but if it was legally searched I wouldn't be here.

And if you hadn't been using it at all, you wouldn't be there.

This time it's a juvenile matter ... in less than a year, you'll be an adult and the consequences can be more severe, can be permanent, and can effect your future forever. Perhaps you should think of this as a life lesson and a wake up call. Smoking marijuana is NOT the key to career advancement and success in life.

 

[Newhuis]

It may have taken him a while to catch up to you.

If there are that many stop signs, and it was at night, chances are you rolled a couple of them. Remember, you must come to a COMPLETE stop at the limit line, not well before it, not after it, and rolling through - even slowly - doesn't count. Chances are the stop was good.

I honestly stopped at every single stop sign because I wasn't in the mood to be bothered by cops. There is a stop sign at the end of my block before a school. I stopped completely because cops usually sit there, checked both of my mirrors, no cop. Continued 500 feet, passed the school, and he came out of no where.


if the knife was unlawful where it was, then that might give probable cause to search further. As I am not familiar with your state's laws regarding knives in vehicles or concealed weapons in general, I can only fall back to my previous statement that suggests an attorney might be able to suppress the search if the probable cause used to justify it was bad.

It was a regular small knife with a clip on it that was clipped to my visor, not concealed, not a weapon. I use it to cut boxes at my work. Pretty dull. No more than a 2in blade if that.

 

[Newhuis]

also sir, not one of the FOUR squads that pulled up could tell me what I did wrong and which stop sign I rolled threw

 

[dave33]

also sir, not one of the FOUR squads that pulled up could tell me what I did wrong and which stop sign I rolled threw

You will need to wait for the police report to see what they are using for p.c.

It is almost a guarantee that since paraphernalia was found they will use the smell as the p.c. goodluck

 

[Newhuis]

You will need to wait for the police report to see what they are using for p.c.

It is almost a guarantee that since paraphernalia was found they will use the smell as the p.c. goodluck

Yeah..but the thing is, if they bring the evidence, they will see that its in a smell proof container, he wouldn't have found if it was blatantly in the center console.

 

[CdwJava]

It may be a "smellproof" container, but with the pungent aroma of weed, it is not a stretch to say that they could smell it inside the car since it had been used in there not long before that.

It's going to be hard to argue that you were randomly stopped for no reason (at risk to the freedom, property, and careers of each of the officers involved) and that they conducted a search without probable cause thus extending their personal liability, and that this random search just HAPPENED to find some evidence of drug use.

If the knife is what they stick to, and this is not sufficient probable cause in your state, then you may well prevail ... but, if they also add in the odor of marijuana when they made contact, then unless yours is a state where smell does not constitute plain sight, there is the probable cause they might need.

As I mentioned, you can probably seek a free consultation with an attorney and if you have a job you might be able to afford him for at least pre-trial matters ... maybe.

So, have you given any thought to quitting the dope? That doesn't seem to be on your agenda here ... doing that might prevent a great many future such incidents. And if you do not intend to quit, ask yourself ... why?

 

[Cali408nia]

And if you hadn't been using it at all, you wouldn't be there.

Wrong. There are still people that don't like having their rights violated and their vehicle searched illegally whether or not any evidence of a crime is found.

Yeah..but the thing is, if they bring the evidence, they will see that its in a smell proof container, he wouldn't have found if it was blatantly in the center console.

A smell proof container means nothing. The judge would probably laugh if that was your defense. The police have the upper hand here because they found something, whether they found it legally or not, they can manipulate their story so that the action they took was lawful. You'll need to get the search dismissed because it was conducted without consent or probable cause. The probable cause will depend on what the officer says, not that you say it was in a smell proof container and there's no way it could be smelled. Anyways, there's probably some chance that being a first time offender, the consequences won't be as harsh and you might just have to do a class or community service. Luckily, you're not an adult yet, so even if found guilty, you should be able to get this dismissed from your record at a later time when you become an adult.