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itzdoja

Guest
minnesota

i was recently stopped on my freinds boat my the mn dnr for a routine fishing licence check while i was grabbing my licence he asked for my film container on the dash of my boat i told him he couldnt search the boat and he said it was in plain view i argued with him and then he told me to fight it in court i gave it to him and he opend the container and found some marijauana and wrote me a ticket.

was this an illeagal search ?, if it was can i fight it without a lawyer ?
 


HomeGuru

Senior Member
itzdoja said:
minnesota

i was recently stopped on my freinds boat my the mn dnr for a routine fishing licence check while i was grabbing my licence he asked for my film container on the dash of my boat i told him he couldnt search the boat and he said it was in plain view i argued with him and then he told me to fight it in court i gave it to him and he opend the container and found some marijauana and wrote me a ticket.

was this an illeagal search ?, if it was can i fight it without a lawyer ?
**A: not illegal because you gave up the container on your own free will.
Next time, throw it in the lake before they approach. Those 35 mil containers float you know.
 

HomeGuru

Senior Member
itzdoja said:
minnesota

... i gave it to him and he opend the container and found some marijauana and wrote me a ticket.

was this an illeagal search ?, if it was can i fight it without a lawyer ?
**A: so which is it? You gave it to him as your first post states, or you refused to give it to him, as your latter post states?
 
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itzdoja

Guest
-- he asked for my film container on the dash of my boat i told him he couldnt search the boat and he said it was in plain view i argued with him and then he told me to fight it in court --

sorry for being vauge
he asked for it and i said no then he asked again and i said no again and told him he couldnt search he said he could because it was in plain veiw and i had to give it to him and that he had the right to search and if i didnt like it to goto court
 

HomeGuru

Senior Member
itzdoja said:
-- he asked for my film container on the dash of my boat i told him he couldnt search the boat and he said it was in plain view i argued with him and then he told me to fight it in court --

sorry for being vauge
he asked for it and i said no then he asked again and i said no again and told him he couldnt search he said he could because it was in plain veiw and i had to give it to him and that he had the right to search and if i didnt like it to goto court
**A: my response- go to court.
 
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itzdoja

Guest
is there any thing i need to do to be ready for court ?
 

HomeGuru

Senior Member
Ok, when your case is called, tell the judge that the stuff was fish bait. The concept is to get the fish stoned first, then scoop em up with the net.
 

calatty

Senior Member
If he told you he could search the canister because it was in plain view, that is a lie. Plain view means he has to be able to see it without moving or opening things. The problem is I guarantee you his version of the story is that he asked you politely if you minded whether he searched the canister, and you said, Sure, so ahead, which means you consented. Judges always believe the cop and not the defenant.
 
B

Boxcarbill

Guest
itzdoja said:
minnesota

i was recently stopped on my freinds boat my the mn dnr for a routine fishing licence check while i was grabbing my licence he asked for my film container on the dash of my boat i told him he couldnt search the boat and he said it was in plain view i argued with him and then he told me to fight it in court i gave it to him and he opend the container and found some marijauana and wrote me a ticket.

was this an illeagal search ?, if it was can i fight it without a lawyer ?
Yes, it was an illegal search but like Calatty said, the police will probably lie and say that you consented to the search but I damn sure would give him the opportunity to attend trial and to take the stand and to lie. In short, I sure as hell would make him work for the conviction rather than roll over for him. The trial may even be scheduled on one of his days off.
 

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