Illegal Search and Seizure?

[FreeJimmy]

I'm from Wisconsin and was charged with possession of THC and possession of drug paraphernalia.

I think I may be a victim of illegal search and seizure or being detained unreasonably long.

Here's my story.

Three of my friends and I were going to play basketball at a school court only one of us had played at before. When we were pulling into the school (which blocked the view of the parking lot and playground) we saw a cop car sitting in the parking lot. We parked in the parking lot and got pulled over by the cop. We waited in my car for about 25 minutes until she finally got out and asked for all of our I.D. I had lost my card but showed her my proof of insurance and gave her some other information, she went back to her car with the information and came back out and said "you two are good" to me and my friend in the passenger side. She took the other two out of the car and searched them to find nothing. While they were outside another cop came in to help her. We had to wait in my car for another half hour before they came back up to my window. I was asked to step out of the car and then was asked to consent to a search of my car, I refused and was asked many times why I wouldn't consent to a search and was told if I had nothing to hide then I should let them search it. I told them no each time and said it was my right as a citizen. I was then told they smelled marijuana on me and I said the smell was from only a cigarette (which it was). She told me they would bring a k-9 dog in, and I told them I wouldn't consent to the dog searching my car. After about 2 hours of waiting in my car unable to leave (for the record I had asked a few times to be able to leave but was being held because we were trespassing) the dogs finally arrived, we were told to get out of my car and an officer told me that the dog will bite and bark if it smells drugs. As the dog sniffed my exterior it didn't bark, bite, or scratch, but merely sniffed the car. The officer then, without my consent, opened my driver's door and let the dog inside to smell. The dog sniffed my center console where the drugs were and the officer told the other police they could search the car. The cops found drug paraphernalia and marijuana in my car.

So, think I should/could challenge the case?

ETA: Also what would be the likely punishment received for possession of THC class E and pos. of para. if I plead guilty. I'm 17 and have no record

 

[CdwJava]

You can retain counsel and he or she can make a motion to suppress. Whether the search was proper or not will depend on what the officers articulate as probable cause. It is not clear from your account exactly why they were conducting a search in the first place. I can make guesses to include that your friends were on probation or parole, that they had drugs on them, or that they said there were drugs in the car, etc. It is also possible the smelled marijuana in the car. The smell argument is strengthened by the fact that they FOUND marijuana in the car.

Speak to local counsel.

 

[dave33]

If a dog is brought to the scene, than one way or the other a search is taking place.
I can say with a fair amount of certainty that the report will show all the proper reasons to conduct a search.

Attorneys are expensive. Most times the more realistic question is not whether you should fight but if you can afford to fight.

We only have the rights we can afford to defend. Unfortunately for most that leaves us getting trampled on.

 

[FreeJimmy]

None of my friends have had any problem with the police before, the only reason the other two were asked to step out was that they are 16 and 15, my friend in my passenger seat is 18. No drugs were found on any of them.

The police did not have probable cause, they had to bring in the k-9 to smell the outside of the car, they then opened my door and let the dog inside. Once it smelled it inside they had the right to search my car. I just don't think they had reasonable cause to call in the dogs, could not detain me that long for trespassing when I hadn't been there more than a minute, or open the door for the k-9 to enter my car.

 

[CdwJava]

The police did not have probable cause,

Just how do you KNOW that? You do not believe they did, but you do not KNOW they did not unless you have read the report and they make no attempt to articulate a reason for making entry into the car.

Understand that marijuana reeks... it stays on the clothing and in the hair of the people who have been present while it is used, and it has a pungent odor that escapes even the baggies it is commonly wrapped in. I can smell it quite easily in a car, house, or even outside, and I have a lousy sniffer.

I just don't think they had reasonable cause to call in the dogs, could not detain me that long for trespassing when I hadn't been there more than a minute, or open the door for the k-9 to enter my car.

They need only have reasonable suspicion to detain you, they do not need any more reason before they call in a dog to walk around the car. They will need something more than that to justify letting the dog IN to the car, but it is very possible that they will state that they smelled the dope themselves and that is what gave them probable cause to enter the vehicle with the dog. Since making a search without probable cause or consent is blatantly illegal, don't count on that being reflected in the report. Unless they are complete morons they will have managed to articulate something. Even if weak, they have some reasoning.

Only an attorney who can obtain a copy of the police report and evaluate the state's case can make a true estimate as to the strength of the search and the state's case in chief.

 

[tranquility]

Let's not forget about the trespassing.

 

[Zigner]

Let's not forget:

343.18 License to be carried; verification of signature.
(1) Every licensee shall have his or her license document, including
any special restrictions cards issued under s. 343.10 (7) (d) or
343.17 (4), in his or her immediate possession at all times when
operating a motor vehicle and shall display the same upon demand
from any judge, justice or traffic officer.

 

[OHRoadwarrior]

Seizure laws vary by state, however, the dog may have hit on the drugs or on the money on your person. This is the latest engagement by law enforcement agencies to seize cash, drugs and vehicles. Even if drugs are not present, there is usually sufficient residue on cash for a dog hit. This creates probable cause. Even states where seizure laws are complex have found a way around their own laws, by turning the case over to federal authorities, who then give back 80% of the seizures.

In WI, police get 50% of amounts confiscated above $2000 and 70% of amount under. They actively participate in "equitable sharing" agreements.

 

[gorak]

Seizure laws vary by state, however, the dog may have hit on the drugs or on the money on your person. This is the latest engagement by law enforcement agencies to seize cash, drugs and vehicles. Even if drugs are not present, there is usually sufficient residue on cash for a dog hit. This creates probable cause. Even states where seizure laws are complex have found a way around their own laws, by turning the case over to federal authorities, who then give back 80% of the seizures.

In WI, police get 50% of amounts confiscated above $2000 and 70% of amount under. They actively participate in "equitable sharing" agreements.

I think you are referring to asset forfeiture/ asset seizure, which is a totally separate civil proceeding. Some asset forfeiture has also been ruled unconstitutional by the supreme court. This is totally separate from the criminal case at hand.

 

[justalayman]

I'm not sure 2 hrs. is reasonable to detain someone waiting for the k9. There have been challenges in which 20minutes was not found to be excessive. I have to believe that 2 hours is excessive.

2 hours isn't reasonable. I believe somewhere around 20 minutes to a half hour is what has been deemed acceptable but...



you are dragging up old threads. This one is a couple years old. Another one was 8 years old and most of the original participants no longer post here.


try to stay with fresh threads.