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hard_hat25

Junior Member
i live in Michigan and i was driving through town when a police officer turned around and followed me. my friends dad called and said he needed to be home and so we cut through the back of a store where we could take a road that would lead right to his house we didnt even see the police car. He followed us and pulled me over for not making a complete stop. then said he heard i been involved in illigal drugs and said he had enouhg to search me b/c he said my adams apple was moving funny while i talked and it looked like we were running from him. i said no but he did and found 17 grams of weed in my glove box...and an empty box of bagies in the trunk. Did he have right to search me? could i be charged with intent so sell since he found an empty box of baggies in my trunk no bags in it though. i rolled my window down so we both could get the same story when he would question us and both had exam same. there was no smell of marijiuana or anything in plain site at all.
 


BelizeBreeze

Senior Member
hard_hat25 said:
i live in Michigan and i was driving through town when a police officer turned around and followed me. my friends dad called and said he needed to be home and so we cut through the back of a store where we could take a road that would lead right to his house we didnt even see the police car.
You committed tresspass. Seeing the police officer is not required.
He followed us and pulled me over for not making a complete stop.
A valid stop.
then said he heard i been involved in illigal drugs and said he had enouhg to search me b/c he said my adams apple was moving funny while i talked and it looked like we were running from him.
All a little suspect but all he needed was the tresspass for probable cause.
i said no but he did and found 17 grams of weed in my glove box...and an empty box of bagies in the trunk.
You said no? Wow, not that was certainly your right. But inmaterial to the legality of the search.
Did he have right to search me? could i be charged with intent so sell since he found an empty box of baggies in my trunk no bags in it though.
No, but the district attorney can.
i rolled my window down so we both could get the same story when he would question us and both had exam same. there was no smell of marijiuana or anything in plain site at all.
so you thought you'd be cute and now you're here wanting to try and get out of something you did.

Sorry, this site isn't about 'how to beat the rap'. You're on your own.
 

Happy Trails

Senior Member
Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000, unless the possession occurred in a public or private park, which increases the penalty to a possible 2 years in prison.

Conditional discharge is available in all use and possession cases.

Distribution of marijuana without remuneration is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000
 

smutlydog

Member
hard_hat25 said:
i live in Michigan and i was driving through town when a police officer turned around and followed me. my friends dad called and said he needed to be home and so we cut through the back of a store where we could take a road that would lead right to his house we didnt even see the police car. He followed us and pulled me over for not making a complete stop. then said he heard i been involved in illigal drugs and said he had enouhg to search me b/c he said my adams apple was moving funny while i talked and it looked like we were running from him. i said no but he did and found 17 grams of weed in my glove box...and an empty box of bagies in the trunk. Did he have right to search me? could i be charged with intent so sell since he found an empty box of baggies in my trunk no bags in it though. i rolled my window down so we both could get the same story when he would question us and both had exam same. there was no smell of marijiuana or anything in plain site at all.
could i be charged with intent so sell since he found an empty box of baggies in my trunk no bags in it though.[/
you could be charged with intent but I don't think it would stick in a court of law
If it wasn't after hours you may have not been trespassing.Even if it was after hours some states require business owners to post signs detailing what hours are considered trespassing.
 

hard_hat25

Junior Member
it was during the day around 6 0'clock downtown in a string of business im sure it wasnt after hours....but if my adams apple was moving funny while talking is that enough to search me or that he said i was "running" and that he heard i was involved in illigal drugs?
 

CdwJava

Senior Member
hard_hat25 said:
it was during the day around 6 0'clock downtown in a string of business im sure it wasnt after hours....but if my adams apple was moving funny while talking is that enough to search me or that he said i was "running" and that he heard i was involved in illigal drugs?
The state will have to show that there was sufficient cause to justify the search of the vehicle. Without your consent, the only other likely reasons to do the search was he was impounding the vehicle for some reason, or, he had good cause to believe that there was contraband in the car. A "hunch" would not be sufficient.

Your attorney will be able to get a copy of the police report and assess the validity of the search.

- carl
 

CdwJava

Senior Member
hard_hat25 said:
is there a way i could obtain a copy of my police report?
You can ask for it. Depending on the laws of your state you may not be able to get it unless it is through your attorney.

- Carl
 

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