Illegal search an Seizure

[codycorona]

Ok i live in illinois, and about a month ago i was pulled over for invalid plates. I had just transferred them over to my New car, a 1990 caddi, from my old 1993 geo metro, and the plates were still comin up to the geo. We'll I had my license, Registration, Title, And proof of insurance and after the cop saw it all he told me to step out of the vechicle, he didnt ask, he told me. He first searched my person and then my vechicle. He found less than a gram of cannibus and drug paraphanalia (a pipe). He then searched my trunk without a warrant (yes i belived i was right when i told him u cant search my trunk cause u dont have a search warrant) but he persisted to anyway. I heard that this might b considered a bad stop but i dunno, it was the first time n e thing like this has happened to me. Any help would b greatly appreciated thanx guys

 

[seniorjudge]

Ok i live in illinois, and about a month ago i was pulled over for invalid plates. I had just transferred them over to my New car, a 1990 caddi, from my old 1993 geo metro, and the plates were still comin up to the geo. We'll I had my license, Registration, Title, And proof of insurance and after the cop saw it all he told me to step out of the vechicle, he didnt ask, he told me. He first searched my person and then my vechicle. He found less than a gram of cannibus and drug paraphanalia (a pipe). He then searched my trunk without a warrant (yes i belived i was right when i told him u cant search my trunk cause u dont have a search warrant) but he persisted to anyway. I heard that this might b considered a bad stop but i dunno, it was the first time n e thing like this has happened to me. Any help would b greatly appreciated thanx guys

When you get to court, have your lawyer file a motion to suppress the evidence.





Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[codycorona]

and one more thing, Last night, i was pulled over on a warrant by the Countryside police. THis is still in illinois, i was less than a block away from my house. And they towed my car. I bonded out on the warrant (the warrant was for the above cause i had to work an couldnt go to court) which was 220. And the city of countryside has an ordinace that says if they tow ur car u have to pay 500 dollars in order to get the release paperwork under Title 5 Chapter 4 section 2 http://www.sterlingcodifiers.com/IL/Countryside/07004000000002000.htm
theres a link to it. And i check all of illinois criminal law, and vehicle law and found nothing pertaining to driving with a warrant being any kind of misdemeanor or felony (i mean cmon n e one knows that one) I still had everything that i listed above, my license, insurance, registration, and title. my 3 questions r is it legal what there doing with the ordinanc? If it iisn't can u give me proof?? and if it is, how does it pertain to me and why did they tow my vehicle cause i see no reason or anything that would allow them to

 

[weenor]

You weren't charged with a crime, just picked up on warrant based on your failure to appear. No- work is not an excuse for not showing up. Yes the ordinance is likely legal and I don't think you want to a pay a lawyer to challenge its constitutionality.

 

[codycorona]

I already contacted rob blagoavich & lisa madigan we'll let them decide wether its constituional or not. And as for my post u didnt even get it, so thanx for the pointless awnser. I wasnt askin if it was constituitional or not i posted up a link for someone who might know a lil about illinois criminal law an traffic law to read and tell me what they think based upon what the ordinance says, cause i did not commit a crime and in the ordinance it says exactly who an what its intended for, an it says in it u have to do this this this or this, so which leaves me with one more question, is it illegal do drive with a warrant???

 

[seniorjudge]

I already contacted rob blagoavich & lisa madigan we'll let them decide wether its constituional or not. And as for my post u didnt even get it, so thanx for the pointless awnser. I wasnt askin if it was constituitional or not i posted up a link for someone who might know a lil about illinois criminal law an traffic law to read and tell me what they think based upon what the ordinance says, cause i did not commit a crime and in the ordinance it says exactly who an what its intended for, an it says in it u have to do this this this or this, so which leaves me with one more question, is it illegal do drive with a warrant???

If you write in English, it is easier to understand.

However, let me tell you this: If you get arrested wherever you are, the cops will carry you to jail. If you are driving a car and you get arrested on a warrant, your car will stay there until it gets towed.

What you linked to has nothing to do with your situation.

 

[codycorona]

I give up on this, none of u get what im trying to say

 

[weenor]

I give up on this, none of u get what im trying to say

That's because your an idiot. The ordinance you site is not the only law on when your vehicle can be towed...as Senior Judge pointed out there are other reasons outside the ordinance. The ordinance was cited in the paperwork you got because it give the City the right to charge you $500.00. I mentioned constitutionality because that is the only way you can challenge the ordinance and not have to pay the $500.00. BTW- the point really is that you failed to show up for court so they arrested you, impounded your car and upped the bond to make sure you aren't that stupid again. Next time show up.

 

[codycorona]

ok, check it I just talked to my lawyer, IM RIGHT. I VIOLATED NO LAWS WITHIN THE CONFINES OF THEIR CITY, they have no reason to hold MY CAR at 500 dollars bond. I posted 250 Just to get myself out. THAT WAS MY BOND MORON. Learn Some law redneck. The ordinance says that u have to violate a crime of some sort to have them hold your CAR, missing court and having a warrant is not a felony OR misdemeanor. muahaha. Not only r they gonna have to waive the 500 dollars because the ordinance does not apply to me, they will have to bail my car out 2, AND THAT WAS FROM SOMEONE WHO WENT THREW YEARS OF LAWSCHOOL SO SUCK MY BIG FAT HAIRY ****

 

[weenor]

ok, check it I just talked to my lawyer,

On a Sunday afternoon? NOT

IM RIGHT. I VIOLATED NO LAWS WITHIN THE CONFINES OF THEIR CITY, they have no reason to hold MY CAR at 500 dollars bond. I posted 250 Just to get myself out. THAT WAS MY BOND MORON. Learn Some law redneck. The ordinance says that u have to violate a crime of some sort to have them hold your bond, missing court and having a warrant is not a felony OR misdemeanor. muahaha. Not only r they gonna have to waive the 500 dollars because the ordinance does not apply to me, they will have to bail my car out 2, AND THAT WAS FROM SOMEONE WHO WENT THREW YEARS OF LAWSCHOOL SO SUCK MY BIG FAT HAIRY ****

I know spelling ain't your thing and you don't have to show up for court.

 

[codycorona]

never said that one. my next date is june 27th an i have every intention of going an beating that one 2, my hearing for the village ordinance is 2 morrow an im goin to take care of da biz, an just cause u cant handle my spelling, sound it out, it'll come out ta sound the same way u spell it so get a clue, it aint all about spelling, its about the knowledge of the person thats speaking, no matter how they spell or not, belive me if i wanted to i could spell better than half the ppl on this website if i wanted to, i choose not to cause i dont like takin the extra time to put in extra letters that arent need when ur typing, unless its somethin for court, or job, or other stuff like that, then spelling is important. U sayin i dont know how to spell is like me tellin u that u dont know how to read.

 

[Swav107]

never said that one. my next date is june 27th an i have every intention of going an beating that one 2, my hearing for the village ordinance is 2 morrow an im goin to take care of da biz, an just cause u cant handle my spelling, sound it out, it'll come out ta sound the same way u spell it so get a clue, it aint all about spelling, its about the knowledge of the person thats speaking, no matter how they spell or not, belive me if i wanted to i could spell better than half the ppl on this website if i wanted to, i choose not to cause i dont like takin the extra time to put in extra letters that arent need when ur typing, unless its somethin for court, or job, or other stuff like that, then spelling is important. U sayin i dont know how to spell is like me tellin u that u dont know how to read.

I didnt really want to get involved but sir, where do you come off calling people rednecks. I didnt know you could tell that about a person through a website. Anyways, spelling is the number one thing I look for when checking for inteligence. If you dont type well, and make excuses for it, like saying you do it on purpose, you probably are not a very knowligable person in real life and no wonder you skipped court.

 

[yournamenotmine]

Hey, CDYCRNA- Did you get your car back or did the city bail it out? You are right in one sense, your car shouldn't have been arrested, it wasn't doing anything wrong except for transporting a wanted criminal. Your also right too i guess since a warrant isn't a felony or a misdemeanor, but a warrant will still get you pulled over and taken to jail every time and sometimes the charge that you have the warrant for is bad enough, the pigs will come to your house and come inside it and take you to jail. It was probably for your own good that they impounded your car because if they didn't, you probably wouldn't have that car when you got out... Or the windows might have been busted out,stereo stolen,new paint job... When there is a warrant for your arrest, you are doing something wrong by going out driving around especially if the car is regestered in your name.