illegal search?

[hightilidie]

What is the name of your state? California

im 15.on 10/22 around 4:00 pm the police walk in my friend's side gate and straight into the garage.Then they tell me and 3 of my friends to put our hands on the table.so we all do so.he then says "where's the rest of the weed guys".i told him we smoked it all.he proceeded in searching me outside found nothing then lied to me in saying my friends said i had all the weed on me.he found nothing but 45 dollars in my pocket.im standing there then he starts moving me so i turn my head to look behind to see what hes doing he then shouts "stand still!"as im being very respectful not wanting anymore trouble he puts cuffs on me makes me sit outside for 30 min while he searches my friends and the garage.he found the weed and then he took down our names and so on called our parents...all i want to know is if this was an illegal search one of the neighbors called the police and told them we were using drugs.is that enough evidence to just walk right into someones home and start searching? they found about 6 grams almost a quarter ounce of marijuana and now we all have diversion classes for a misdameanor drug possession charge

 

[CdwJava]

If you have diversion, it would appear that you pled guilty. If you pled guilty then the issue of the search is a moot point. Though that would seem quick.

You also face a $100 fine plus court costs.

Your parents can hire an attorney and spend a few thousand dollars to avoid the $100 fine - but that's up to them.

If my kid had been caught toking up at 15 he'd be wishing that all he had to face was the court!

Depending on the circumstances, the officers might well have had cause to enter the garage to check on the welfare of minors who were getting stoned. If the neighbor saw you using drugs, or the officers smelled the marijuana, that might have been enough to justify the entry.

- Carl

 

[hightilidie]

If you have diversion, it would appear that you pled guilty. If you pled guilty then the issue of the search is a moot point.

Depending on the circumstances, the officers might well have had cause to enter the garage to check on the welfare of minors who were getting stoned. If the neighbor saw you using drugs, or the officers smelled the marijuana, that might have been enough to justify the entry.

- Carl

is it right or legal for the police to instigate everytime you move or say something? basically threatening us is what they were doing

 

[CdwJava]

is it right or legal for the police to instigate everytime you move or say something? basically threatening us is what they were doing

He can certainly give orders and directions. And he didn't appear to threaten you with what you wrote - he just told you to stand still.

Being terse and unpleasant is not against the law. Smoking dope is. If you didn't like being treated that way by the cops, then maybe it's time to reconsider burning brain cells before they've had much of a chance to be used.

- Carl

 

[hightilidie]

well im just doing my hobby smoking dope no different from someone going hunting or whatever they like to do i am a very respectful person and i do belive some cops are very good at what they do but some do more and they like to bend some laws in their favor

****,they should be gettin paid for overtime

 

[CdwJava]

well im just doing my hobby smoking dope no different from someone going hunting or whatever they like to do

That's like saying drinking is a hobby ... that ain't a hobby, that's self destruction. And at your age it simply makes it far more likely that you will be a statistic for underachievement.

i am a very respectful person and i do belive some cops are very good at what they do but some do more and they like to bend some laws in their favor

****,they should be gettin paid for overtime

They didn't have to bend anything too far in this case ... unless they had no idea you were smoking dope. And if they were on after their shift ended, you can bet they got paid overtime.

- Carl

 

[mycarlb]

well im just doing my hobby smoking dope no different from someone going hunting or whatever they like to do i am a very respectful person and i do belive some cops are very good at what they do but some do more and they like to bend some laws in their favor

****,they should be gettin paid for overtime

Ahhh, the future of America... sad isn't it?

 

[InsuranceLadyAZ]

Ahhh, the future of America... sad isn't it?

I'm certainly looking forward to this generation running things.

 

[zippysgoddess]

Simply doing your hobby?

Oh my, what ever happened to collecting things, or video games?

 

[calatty]

I don't see any legal justification for the search of the garage. Police need a warrant to search a home, including a garage. Even if they had probable cause, which they didn't, they can't just go ahead and search. However, you would not have had standing to challenge the legality of the search, only your friend whose garage it was could have challenged it. If the weed was not found anywhere on or near you, you could have pled not guilty and gone to trial on a defense that it was not yours. But, as Cdw says, it is too late now.