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I have some questions....

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m.loflin68

Junior Member
What is the name of your state? California

I was riding in a truck, on route to an out-of-town job, that was pulled over for speeding by the CHP.
The tags are expired since February and the driver had recently lost his wallet. He knew his license number.
The truck wasn't reported stolen. There was no warrants.
The officer asked if I had a valid license, I did, and handed it over. Also no warrants.
There was pay stubs in the truck.
The driver co-operated fully.
There was no smell of weed or liquor, and no suppious activity.

Was there a legal reason to search the truck?
Can any of the charges be dropped?
Was it legal to search me, the passenger? She didn't ask if it was ok to search me.

The tow truck driver had informed us a few days later that the officer and the back-up officer are the worst in that area.

Does that help any in our favor to get the case dimissed?
 


FlyingRon

Senior Member
What charges? Speeding, driving with expired tags, driving without a license?
All seem valid.

Is there something else you are omitting?

Did the search turn up something else?
 

moburkes

Senior Member
What charges? Speeding, driving with expired tags, driving without a license?
All seem valid.

Is there something else you are omitting?

Did the search turn up something else?
Yep. Something is missing from the story. However, it is illegal to drive without your license and to drive with expired tags.
 

m.loflin68

Junior Member
The search resulted in possession charges.

Both licenses were valid, one was not in possession.

What probable cause did they have to search the truck? And myself without checking if it was ok?

There were no traffic violations charged.
 

moburkes

Senior Member
The search resulted in possession charges.

Both licenses were valid, one was not in possession.

What probable cause did they have to search the truck? And myself without checking if it was ok?

There were no traffic violations charged.
What search? You are skipping the entire part of the story that deals with a search. Are you saying that, after stopping you, asking for information, they told you to get out of the car for a search?

Word for what, what happened?
 

m.loflin68

Junior Member
Ran the info.
Walked back to the truck and asked the driver to step out of the truck.

After getting the driver to the squad car, she asked "what am I going to find in the truck" as she is putting hangcuffs on.

I asked the driver what was the response was and he cant remember exactly but he thought he said "nothing officer"

He is put in the back of the car.
she came and opened my door and said "I need you to step out"
She spins me around and began to search me saying "He told me there was pot in the center console so you need to tell me where the other dope is."

I said "excuse me?"

she said "we just going to find it anyway" as she continued to search me.

I was put in the back of the car and they began looking through the truck.
 

CdwJava

Senior Member
Why does the officer say in his report that he searched the car?

The law allows them to make a limited search of the car for a number of things in some situations - this can include a search for ID or for paperwork on the vehicle. Further, if the driver was going to be cited and he did not have valid ID he is subject to arrest ... said arrest would permit the impound of the vehicle ... and said impound would permit a search of the vehicle. Of course, I'm just guessing that this is the reason.

Possession of marijuana is a low grade misdemeanor with a $100 base fine. It's cheaper than the speeding ticket ... though it can result in a license suspension.

- Carl
 

seven53

Member
Also....If they were impounding the truck due to the expired tags then an inventory of the vehicle's contents would have to be conducted. We like to keep the tow truck driver's honest :) .

You have to exit the vehicle, can't tow it with you in it. Once you are out, you're getting searched for weapons.
 

m.loflin68

Junior Member
So now...

We both were in the truck. We both have been charged with possession. Arrested the same time. Yet we are being tried separately.

The judge noticed the connection with our cases and he asked both the DA and the PD why we are not being tried together.

Neither of them could answer why.

Should I/we be talking to a lawyer or continue with the Public Defender?
Is this also grounds for a dismissal?
 
Last edited:

CdwJava

Senior Member
seven53 said:
You have to exit the vehicle, can't tow it with you in it. Once you are out, you're getting searched for weapons.
The officer STILL has to articulate good cause to conduct a pat-down search for weapons. And passengers are given greater rights than the driver as the passenger is not the suspect. If the search exceeded a cursory search for weapons, than greater cause or consent was necessary. I agree, a passenger should be searched when they exit a car .. but sometimes, they cannot be. In those cases I may give them a choice, they can stand there with their hands clasped on top of their head, sitting on the curb, or, they can let me check them for weapons. I have yet to have anyone protest, and only one person try to challenge the search of a passenger in court ... he lost (easy to argue that a gang member passenger should be searched).

- Carl
 

CdwJava

Senior Member
m.loflin68 said:
The judge noticed the connection with our cases and he asked both the DA and the PD why we are not being tried together.

Neither of them could answer why.
It could be how they were filed. it could be that the prosecution or the defense attorneys were hoping for a deal ... trying them separately makes it easier for one to roll over on the other. Depending on who sought the separate trials, there could be any number of reasons. And maybe it was just a happenstance of filing.

Should I/we be talking to a lawyer or continue with the Public Defender?
I suspect that if you make enough money to hire your own attorney, you wouldn't be eligible for the public defender.

What are you charged with? (The code section numbers, please ...) Simple marijuana possession is a big, whopping nothing in CA ... paying for a private attorney might be overkill.

Is this also grounds for a dismissal?
Separate trials? Heck, no!

- Carl
 

m.loflin68

Junior Member
This is the only info I have regarding the charges. And it was a friend who printed it up, they gave us no paper work stating any charges.

Driver:
Possess controlled sub. Type:F
DUI alcohol/drugs Type:M
Possess paraphernala Type:M
Possession of mariju Type:M

Myself:
Possess controlled sub. Type:F
Possess paraphernala Type:M

And everything was in my bag.
 

CdwJava

Senior Member
That tells me nothing ... and simple marijuana possession is not a felony (as indicated by the "F").

Were you issued a citation? If so, what is on that? If you were booked into jail, the violations will be on your booking papers and release documents.

Were the drugs something OTHER than marijuana like you claimed? I'm guessing meth. or cocaine.

- Carl
 

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