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  #1  
Old 10-17-2007, 09:56 AM
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Join Date: Oct 2007
Posts: 1

Major Cluster****!!!!


What is the name of your state? CT

I was driving along a country road that accessed a highway at night during severe wind and rainy weather, I turned onto the entrance ramp and as I started to enter the highway I heard my cellphone ring, due to the severe rain and horrible driving conditions I pulled the car off the road maybe 100-200 yards after the entrance lane of the highway, I exited the car and opened the rear door and proceeded to look for my phone. I then went back to the front seat and looked for my phone, I then found it between the front and rear door and as I was getting back out of the front seat to grab the phone I was startled by a police officer getting out of the car and approaching me. He demanded me to get into the car and I said why, whats wrong? I was just looking for my phone. He then demanded me to get into the car and asked me for my license and registration, I was inquisitive to the officer as to why and he demanded it as I was off guard and felt it was unnecessary. After I handed it to him he said that he just observed me driving erratically and excessively fast on the entrance ramp, I began to advise the officer that I had been in the same spot for at least 3 minutes by now and denied his accusation as I explained to him that I had been looking for my cellphone during those past few minutes and do remember when I was bent over looking in the back seat I felt the force of a car blow past me about 1 minute ago.

The officer returned and asked me to exit the car, then he proceeded to tell me that I had an unpaid ticket and my license was suspended, which was over a year old that I was not aware of and proceeded to handcuff me, search me and put me into the cruiser. I observed him search the car for about 4-5 minutes and he returned to the cruiser with a small bag and sarcastically accused me of possessing drugs. I was completely shocked and dumbfounded. I told him that I do not nor have ever done drugs and don't know how it got there. He just walked away from me. About 5 minutes later another cruiser approached and a K-9 searched the car. When the tow truck arrived the officer entered the car and I questioned him about the overall situation and expressed to him my honesty of no knowledge or any awareness of this. It was a civil conversation and I was very nervous, confused and upset.

I was arrested for 21a-279(a) POSSESSION OF NARCOTICS - Felony, 21a-279(d) NONSTDNT-DRGS NR SCH/HSG/DY CR - Felony, 14-215 ILL OPN MV UNDER SUSPENSION - Misdemeanor

What a mess!!!!!!!!!!

The police report says that he observed me sideways on the entrance ramp.....

He found the drug underneath the bin in the center compartment......

The car is my girlfriends, she does not do drugs either.

She purchased the car used, 10 year old car about 9 months prior to this happening.

Please advise!

Thank you

Last edited by CT JR; 10-17-2007 at 10:04 AM.
  #2  
Old 10-17-2007, 10:52 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by CT JR View Post
What is the name of your state? CT

I was driving along a country road that accessed a highway at night during severe wind and rainy weather, I turned onto the entrance ramp and as I started to enter the highway I heard my cellphone ring, due to the severe rain and horrible driving conditions I pulled the car off the road maybe 100-200 yards after the entrance lane of the highway, I exited the car and opened the rear door and proceeded to look for my phone. I then went back to the front seat and looked for my phone, I then found it between the front and rear door and as I was getting back out of the front seat to grab the phone I was startled by a police officer getting out of the car and approaching me. He demanded me to get into the car and I said why, whats wrong? I was just looking for my phone. He then demanded me to get into the car and asked me for my license and registration, I was inquisitive to the officer as to why and he demanded it as I was off guard and felt it was unnecessary. After I handed it to him he said that he just observed me driving erratically and excessively fast on the entrance ramp, I began to advise the officer that I had been in the same spot for at least 3 minutes by now and denied his accusation as I explained to him that I had been looking for my cellphone during those past few minutes and do remember when I was bent over looking in the back seat I felt the force of a car blow past me about 1 minute ago.

The officer returned and asked me to exit the car, then he proceeded to tell me that I had an unpaid ticket and my license was suspended, which was over a year old that I was not aware of and proceeded to handcuff me, search me and put me into the cruiser. I observed him search the car for about 4-5 minutes and he returned to the cruiser with a small bag and sarcastically accused me of possessing drugs. I was completely shocked and dumbfounded. I told him that I do not nor have ever done drugs and don't know how it got there. He just walked away from me. About 5 minutes later another cruiser approached and a K-9 searched the car. When the tow truck arrived the officer entered the car and I questioned him about the overall situation and expressed to him my honesty of no knowledge or any awareness of this. It was a civil conversation and I was very nervous, confused and upset.

I was arrested for 21a-279(a) POSSESSION OF NARCOTICS - Felony, 21a-279(d) NONSTDNT-DRGS NR SCH/HSG/DY CR - Felony, 14-215 ILL OPN MV UNDER SUSPENSION - Misdemeanor

What a mess!!!!!!!!!!

The police report says that he observed me sideways on the entrance ramp.....

He found the drug underneath the bin in the center compartment......

The car is my girlfriends, she does not do drugs either.

She purchased the car used, 10 year old car about 9 months prior to this happening.

Please advise!

Thank you

**A: yes, i totally agree that it is a mess!!!!!!!
  #3  
Old 10-17-2007, 11:49 AM
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Join Date: Feb 2007
Posts: 8,272
1. Most highways only allow stopping for emergency purposes only.
2. You were stopped anyhow.
3. The request for the license and registration seems valid.
4. The fact you were driving while suspended is a misdemeanor subject to your being arrested.
5. Once you're arrested, the search is legal.
6. "Those aren't mine" is not a defense to possession.

You are in serious need of a lawyer, we can't help you here.
  #4  
Old 10-17-2007, 05:19 PM
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Join Date: Feb 2005
Location: Kansas City
Posts: 11,779
I'm wondering why the poster wasn't soaking wet after being out in the driving rain, rummaging about for a phone... thereby proving to the officer that they weren't DRIVING, they were STANDING OUT IN THE RAIN.

But yeah... I've also been wondering who all of these drugs that people possess w/out knowing about it actually belong to. Because that's a LOT of drugs!
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  #5  
Old 10-17-2007, 10:23 PM
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Join Date: Jan 2004
Location: IN
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Quote:
Originally Posted by CJane View Post
But yeah... I've also been wondering who all of these drugs that people possess w/out knowing about it actually belong to. Because that's a LOT of drugs!
The pot fairy.

The other two juvenile officers with whom I work and I are amazed at the juveniles who try to convince us that they didn't really possess drugs. They just "found" the stuff (usually pot) and weren't sure what it was, so they tried it just to be sure what it really was.

Yeah. Like anyone would find a bag of green stuff and smoke it just to find out if it's really pot.

Well, some of our clients are really stupid, so maybe they really do believe that crap.
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  #6  
Old 10-17-2007, 10:27 PM
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Quote:
Originally Posted by Indiana Filer View Post
The pot fairy.

The other two juvenile officers with whom I work and I are amazed at the juveniles who try to convince us that they didn't really possess drugs. They just "found" the stuff (usually pot) and weren't sure what it was, so they tried it just to be sure what it really was.

Yeah. Like anyone would find a bag of green stuff and smoke it just to find out if it's really pot.

Well, some of our clients are really stupid, so maybe they really do believe that crap.
Now that's just dumb. I'm 35. If I found a bag (or whatever they come in) of drugs, I wouldn't begin to know "how" to smoke em. I wouldn't even know what I was looking at. I'd have to search the internet to find someone to explain it to me - step by step.
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  #7  
Old 10-17-2007, 10:28 PM
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Join Date: Jul 2007
Posts: 2,337
Quote:
Yeah. Like anyone would find a bag of green stuff and smoke it just to find out if it's really pot.
Back in the day, I probably would have smoked it to see what it was. Today, I'd be more likely to try to season a chicken with it!
  #8  
Old 10-18-2007, 01:34 AM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,504
As hard as it may be to believe that people can have drugs in their vehicles without realizing it, it does happen and probably more often than anyone ever discovers.
I should know, because it happened to me twice. Fortunately, I discovered them and not the police.
The last vehicle I accidentally discovered drugs in was a Cadillac and it had a smorgasbord of narcotics, scales, hypodermic needles and a list of customers, showing the money they owed.

Now in case everyone’s wondering how this could happen to me twice, let me explain. I help operate a family owned towing company, which tows for the local PD, county sheriff, university of California police and the highway patrol. We constantly get a flow of impounded vehicles brought in for 30 day holds, arrests, stolen vehicles and wrecked vehicles as well. Many of these vehicles we end up acquiring through lien sale. Some nice vehicles and of course, a lot of junk. Before we sell them, we clean them out thoroughly and test drive them to see if they are worth selling or junking. Over the years, we have found everything you can imagine inside these vehicles and a lot of things you wouldn’t imagine as well.

Anyway, to make a long story short, I was driving a Cadillac that was an extremely clean, sharp looking vehicle for a couple of months. One day I drove it to San Diego and accidentally locked the keys in the trunk. So I an attempt to get into the trunk I was going to remove the back seat. When I lifted it up, I saw a bunch of baggies, needles, balloons and a scale. Needless to say, I was in shock! I was also with a customer and didn’t want him to know he was driving around in a car, with what was obviously drugs, under the back seat. I did eventually get the trunk open and get my keys. I think I was shaking the whole drive back to the yard and the customer even asked what was wrong. I told him I wasn’t feeling well.

When we got back and the customer left, I took the office managers out to the vehicle with me and lifted the seat. There was about a 1/4 lb. of marijuana, an ounce of meth. a dozen or so balloons of heroin, needles, scales, and other assorted packaging material, all stowed under the back seat! This car was brought in with a 30 day hold because the driver’s license was suspended.

Now, if I had been pulled over and the vehicle searched in the three months I was driving this vehicle, I would been in for a world of hurt, three squares and a bunk.
I also drove a camaro for a year or so which was a lien vehicle and while installing a new alarm one day found a baggie of cocaine under the dash. So this can and does happen.

I would suggest for the OP to first get an attorney, have a hair follicle test taken since this can show whether or not he has taken any drugs for several months prior to this incident. I would also research the vehicle’s owner history through the DMV to see if it has ever been impounded, acquired through a lien sale or a government/law enforcement type of auction.

If you don’t have a criminal record, don’t have any drug related contacts with the police, the hair follicle test indicates you have not used any illegal drugs and if by some miracle, the vehicle was sold through a police impound at some point, this may provide enough reasonable doubt, to be found not guilty.

Now I’m assuming the quantity of whatever drug was found, is what would be considered for personal use and not for sales. I’m also assuming you are telling the truth in your post.
But if a hair follicle tests positive or you have a criminal record, then you have most likely bought the farm as far as these drugs are concerned.

Either way, you need an attorney and you need to convince him/her that you had no knowledge of the drugs and then you need to prove it to the prosecutor, judge and jury.
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