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My very detailed story on what happened. Can i Sue?

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uaguilar29

Junior Member
What is the name of your state (only U.S. law)? TEXAS.

Here is my fully detailed story on what happened to me. The search seemed illegal and need help if i could do something about it.

there are 4 people in the story
-Me(passanger)
-Chaz(driver)
-cop 1
-cop 2


Chaz picked me up from my house, my street is a no outlet so he has to pull in into a alley and reverse to get out of the street. We were chatting while he was backing up and he nudged the side of my neighbor's metal bodied Jeep. Chaz and I looked at eachother shocked, and we both looked back and there was no damage seen on the jeep nor was there anyone around that we could see, so we decided that everything was ok. But as we were leaving the street i noticed a neighboring vehicle pulling in, and then I say "hope they didnt see all that". but i think they did cause they were staring at our vehicle hard while we were leaving the street, as if they were writing down info or making a call.
We decided to head out anyways. We were on our way to a friend's house to play video games very close by, but then chaz said "hey, im hungry is there a chick fil A around?". As we are driving down paige rd that is when we get stopped by police and pull into a Home Depot. Cop 1 comes up to Chaz's driver side window and angrily asked "WHY DID YOU HIT AND RUN?!" Chaz answered with "well, it's cause I got a little scared" which after he answered that I thought to myself "damn, why would you say that, just should have told them that we did not think the hit was bad at all". But anyways after that he asks for Chaz's ID and walks to his car for a minute, comes back, returns Chaz's ID then asks for mine so I give it to him then he walks back to his car for a moment then comes back and returns my ID.
Right after that he asks Chaz to step out of the vehicle, at this moment Cop 2 is on my side of the vehicle to make sure i dont get out etc. Cop 1 pats Chaz down, finds nothing, but then says "you are under arrest for hit and run" and puts Chaz in handcuffs and puts him in his patrol car, and then cop 1 asks cop 2 to stay by with Chaz(sitting in patrol car). Cop 1 now approaches my window and tells me to get out of the car, so I do. He tells me to put my hands on the car, and then pats me down. All I had in my pockets is my phone, keys, and wallet. He now takes me to wait by Cop 2 and the police car Chaz is in, and while this, both officers asked me "hey, would you be able to take your friends vehicle? we just wouldnt want to tow it, and you do have a valid driver's license". And I gladly respond "of coarse!, I wouldnt want that either" Cop 2 even adds in "will you be driving close? because the tail light is out and I dont want you getting pulled over again". They even suggested me leaving it in Home Depot parking lot with tape around it so no one will tow it, and i said "nah, its ok! I know a safe place for it". So here we know that the vehicle is NOT the police's possession and not part of their inventory because we have all discussed and concluded that I was going to take the vehicle. So while Cop 2 and I are finishing up our conversation about where im going to take chaz's vehicle, Cop 1 walks back to Chaz's car without saying anything and starts searching all inside his car, up down and all around freely. Which there was nothing inside but a unopened six pack of beer still in the bag up in the front. some clothes in the back seat, and my zipped closed back pack in the backseat which contained video games and controllers. Cop 1 even freely unzipped open my back pack and looked through. And that is where he found exactly 1 gram of Marijuana which was buried in the bottom of the smaller pockets of the backpack. After he searched the whole car freely and everything in it, he THEN asks "who's backpack is that?" and I respond with "its mine" then he immediately says your under arrest for possession of marijuana. and he then immediately puts me in Cop 2's vehicle.

END.





was the way they found the marijuana illegal? I hear that the only way they can search the car is with probable cause, which there was none possible. or another way they can search the vehicle is if the vehicle is under their inventory, which in this case it was NOT because we all agreed that I was going to be taking the car home.

I need professional advice/help. PLEASE HELP, AND THANK YOU SO MUCH!
 


Zigner

Senior Member, Non-Attorney
Your "friend" committed a crime. His vehicle was searched incident to that crime.
 

uaguilar29

Junior Member
even searching threw my back pack? and even tho we all already agreed on that I was going to take the car(my possession)?
 

uaguilar29

Junior Member
ok 1. READ THE STORY b4 answering like a dick, its not my car. it is chaz's. then when he got arrested, they asked if i could take the car to my house instead of them towing it. and i said yes read the story.

and 2. it is my weed that was INSIDE my back pack in the back seat of the car, and they decided to search it when we all have agreed that i was not getting arrested and that i could take the car to my house instead of having it towed
 

Just Blue

Senior Member
ok 1. READ THE STORY b4 answering like a dick, its not my car. it is chaz's. then when he got arrested, they asked if i could take the car to my house instead of them towing it. and i said yes read the story.

and 2. it is my weed that was INSIDE my back pack in the back seat of the car, and they decided to search it when we all have agreed that i was not getting arrested and that i could take the car to my house instead of having it towed
Please be more respectful to the Volunteers here. ;)
 

TigerD

Senior Member
I need professional advice/help. PLEASE HELP, AND THANK YOU SO MUCH!
I agree completely. You absolutely need a defense attorney.

With the facts presented the search has issues. You need to have this reviewed by a competent criminal defense attorney versed in Texas law.

TD
 

Just Blue

Senior Member
I agree completely. You absolutely need a defense attorney.

With the facts presented the search has issues. You need to have this reviewed by a competent criminal defense attorney versed in Texas law.

TD
Hopefully one that is not a "dick". :rolleyes::rolleyes:
 

CdwJava

Senior Member
Cop 1 may have gotten consent from the driver to search the car. If he lacked consent, and the vehicle was not going to be impounded, then he would have required probable cause in order to conduct the search. It's possible that the officer smelled the marijuana, or that your buddy dimed off the marijuana and the alcohol. If the alcohol was present, then it is possible that this could be justification for a further search for alcohol if it were somehow unlawful under the circumstances (age, open, whatever).

You need to discuss the circumstances with your defense attorney to know what options you might have for either a suppression motion or a plea deal (diversion, etc.).
 

not2cleverRed

Obvious Observer
Perhaps their "probable cause" was that you reeked of weed... and after you agreed to take possession of the car rather than have it impounded, that was enough for them to search. I don't know. I wasn't there.

What I *do* know is that, based on your idea of a "detailed" description of the incident, that you desperately need a good lawyer and to keep your mouth shut. Not a peep to the police. Or anywhere near a courtroom, without instruction from your lawyer.

Seriously, your initial post reads like a script for Cheech and Chong. Are you a troll?
 

burkevalocks

Junior Member
there is a couple of ways if cop 1 saw the beer he could of used that as probable cause or Chaz might of told them they can search the car when he was in the back seat of the cop car. But yea I agree with you I hate how cops think they can do whatever they want to and get away with it.
 

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