was this legal?

[pinky382]

What is the name of your state (only U.S. law)? pa

I got lost and drove onto a army base, not yet in it(at the gates where you show identification) I tried to back out only to see a guard with a hand on his holster so I get scared and pulled up. He asked for my license and called a cop car. My license was indeed suspended so they told me to pull into the base I complied and did. They then said I was trying to flee(which I wasn't) and searched me. They found cash on me(about 2,500). Then they asked why I had all this cash on me(told them I was at a casino). Then they said I was under arrest and asked if they can search my car, I told them no. Without a warrant they went ahead and did so anyways and found some stuff in my car. I was wondering if any of this was entrapment since my intention was clearly not to go onto the base and clearly I tried to back out before even entering on it or was the search of my car illegal as everything was in my dash and nothing was visible(and as I understand there is nothing illegal about having a large amount of cash on you)?

[seniorjudge]

No, it's not entrapment (Google).

But, what did they find in the car and were you charged with anything?

[pinky382]

credit cards(then they called the feds).

[seniorjudge]

Originally Posted by pinky382

credit cards(then they called the feds).

I don't understand this answer.

Answer these two questions:

1. What did they find in the car?

2. Were you charged with anything?

[pinky382]

1. What did they find in the car?
Other peoples credit cards

2. Were you charged with anything
No they didn't charge me till 3 days later(feds that is on access device fraud).

[Zigner]

Isn't it funny how the crooks ALWAYS make the DUMB mistakes?

You DO know that, aside from the credit card crimes, driving on a suspended license is ALSO a crime, right? The search was legal because you were committing a crime.

[seniorjudge]

Have your lawyer file a motion to suppress the evidence based on an illegal search.

However, since you were searched incident to arrest (Google), then don't expect to win.

[Zigner]

Originally Posted by pinky382

1. What did they find in the car?
Other peoples credit cards

2. Were you charged with anything
No they didn't charge me till 3 days later(feds that is on access device fraud).

So you WERE charged

[CdwJava]

You will also find that the border of the federal reservation (the Army base) began perhaps 100' (maybe less) before the gate. Once you were on that military property, you lost a good deal of your 4th Amendment protections - especially if you took action that justified their detention.

As previously mentioned, speak to your attorney abou a motion to suppress ... heck, it's probably all you got to go on.

- Carl

[You Are Guilty]

Classic, just classic. Let's also not forget that military law applies on army bases, so it would seem our poster is triply screwed.

{edit}
Ah, beaten to the punch by Carl and his lightning fast fingers...

[Lawyerologist]

Interesting case. The FEDS are claiming JURISDICTION obviously. If they are: how did they come by the EVIDENCE to CHARGE you with? Thats where this case will TURN.

The ILLEGAL SEARCH gets thrown out (or should). Now, all they have is NOTHING (unless you CONFESSED---which can be ARGUED too).

I spent 14 years in the MILITARY, and lemme tell you they have a CULTURE all their own my friend. Its Bananas!

[Blue Meanie]

Originally Posted by Lawyerologist

Interesting case. The FEDS are claiming JURISDICTION obviously. If they are: how did they come by the EVIDENCE to CHARGE you with? Thats where this case will TURN.

The ILLEGAL SEARCH gets thrown out (or should). Now, all they have is NOTHING (unless you CONFESSED---which can be ARGUED too).

I spent 14 years in the MILITARY, and lemme tell you they have a CULTURE all their own my friend. Its Bananas!

How is this an illegal search?? Explain. Use statutes and or case law to back up your opinion...

You should also be prepared to prove to Admin that you are an attorney. Your comments on another thread, alluding to your being an attorney, have been reported to Admin.

[Lawyerologist]

Originally Posted by baystategirl

How is this an illegal search?? Explain. Use statutes and or case law to back up your opinion...

You should also be prepared to prove to Admin that you are an attorney. Your comments on another thread, alluding to your being an attorney, have been reported to Admin.

LOL! you sound JEALOUS!

Explain? STATUTES? CASE LAW? Kool beans. I will give you better than that. Ever heard of a lil document called the CONSTITUTION and its 4th amendment protections against UNREASONABLE SEARCHES and SEIZURES? The MPs manufactured a REASON to search PINKY in VIOLATION of his 4th.

Here you are talking about STATUTES and CASE LAW instead of referencing the SUPREME LAW of the LAND. Shame!

Now, please go away and study your CONSTITUTION.

[outonbail]

Originally Posted by Lawyerologist

LOL! you sound JEALOUS!

Explain? STATUTES? CASE LAW? Kool beans. I will give you better than that. Ever heard of a lil document called the CONSTITUTION and its 4th amendment protections against UNREASONABLE SEARCHES and SEIZURES? The MPs manufactured a REASON to search PINKY in VIOLATION of his 4th.

Here you are talking about STATUTES and CASE LAW instead of referencing the SUPREME LAW of the LAND. Shame!

Now, please go away and study your CONSTITUTION.

Every military base I have ever entered, had a big sign posted at the entrance that read "All Vehicles Entering Base are Subject to Search"

This is a military base, not the county fairgrounds, so studying the constitution doesn't necessary apply to this situation.
Both CdwJava and You Are Guilty have already posted the fact that the OP is dealing with the laws which apply to anyone who is on a military base, whether they were on the base for a legitimate reason or because they made a wrong turn.

So Lawyerologist, you need to stop posting your clueless opinion to these threads. This site isn't for idiots to share fantasies. If you can't back up what you post with the applicable federal or state law, then your posts aren't doing anyone any justice.

If by chance you actually do have any useful advice to post, do so without that chip on your shoulder. Because I can assure you that no one is JEALOUS of the village idiot and your imagined "Supreme Law Of the Land"

[pinky382]

That's the thing

1. they made me enter the base
2. they are not cops, how can they arrest me on a suspended license?
3. they never even charged me with any crimes(all they did was give me citations) the fbi did days later so how did they search my vehicle without a warrant when nothing visible was in site? I had a friend arrested on the same stuff before(actually caught in the act) and they actually did find cards in his jacket and they still waited to get a warrant for his car.
4. there were no signs anywhere with these signs of vehicles subject to search. All there were were 2 posts where you present id to the guard.
5. Im going to get some consultations from lawyers Friday.