need help now, it just happened. PLEASE READ

[gotneighbor]

Hi I live in New Jersey. I was just pulled over and asked to step out of the vehicle. I shut my door behind me. After that I spoke to the cop and i conveniently worked in saying "i don't consent to searches". I then look behind me and see his partner in my vehicle and he found contraband. long story short he lets me go, because i gave him good information. before i leave he tells me that he can bring these charges up later within a year or something. is this true? please answer yes or no, and please give good supporting information.

 

[gotneighbor]

another question

and since i said i don't consent to searches, and he searched my car anyway, isn't that illegal?

 

[justalayman]

yes he can.

 

[Proseguru]

yes he can.

He can. Hold up in court? Who knows? Next time LOCK your car door, problem solved.

 

[gotneighbor]

al;sdjkf

how long can he charge me for?and i know i don't wanna think about what if though lol cause i'm buggin right now. i know that there really was no probabale cause. and he tried telling me i left the compartment open. i said i didn't consent to searches. and the next thing i know is one cop is searching my car. anything you can do to ease my mind at all? i'm no law student, but i know he violated my fourth ammendmant by searching anyway.

 

[justalayman]

time limit: not sure but many minor criminal charges can be filed within 1 year. I would expect that to be close.


if charged, your attorney can attempt to have the evidence discovered by the search suppressed. If the cop cannot show probable cause, the search likely gets tossed. Without knowing the cops position on this, there is no way to know if he believes he had PC.

 

[sandyclaus]

All of that, and you never said what these alleged charges are that the cop claims they can file against you within a year. What EXACTLY is it that you think they found during that unauthorized search that they are going to use against you?

 

[gotneighbor]

more info

they found a nickel of marijuana. and a bowl. in my center console of my car. the car is also registered in my fathers name. i got pulled over. the cop asked me for my documents. i gave them to him. he then asked me to step out of the vehicle so i did. i then shut my door. we then started talking about why he pulled me over. then he said is there anything in the car i should know about? i said no, and i don't consent to searches. i then hear my door open and the the cops partner was digging around in my car. he then called him back after he found the contraband. the reason he told me i was pulled over was because i "cut him off". we then talked for a little more about dealers. and i gave him a name. during the whole talk they kept telling me it was mine and kept trying to get me to i guess self incriminate myself but i kept saying it's not mine and how the vehicle is registered in my dads name. at the end of the encounter he said he could file charges for up to a year. but he said he wanted to keep a good relationship with me because i gave him good intel.

 

[sandyclaus]

they found a nickel of marijuana. and a bowl. in my center console of my car. the car is also registered in my fathers name. i got pulled over. the cop asked me for my documents. i gave them to him. he then asked me to step out of the vehicle so i did. i then shut my door. we then started talking about why he pulled me over. then he said is there anything in the car i should know about? i said no, and i don't consent to searches. i then hear my door open and the the cops partner was digging around in my car. he then called him back after he found the contraband. the reason he told me i was pulled over was because i "cut him off". we then talked for a little more about dealers. and i gave him a name. during the whole talk they kept telling me it was mine and kept trying to get me to i guess self incriminate myself but i kept saying it's not mine and how the vehicle is registered in my dads name. at the end of the encounter he said he could file charges for up to a year. but he said he wanted to keep a good relationship with me because i gave him good intel.

Marijuana tends to have a very pungent odor, easily detectable. And if officers detect the smell, I'm pretty sure they have probable cause to search. If you were smoking it in the car, even more so.

What a winner, trying to blame the existence of the marijuana on dad since it was "his car" and you kept saying it wasn't yours.

Sounds to me like they are going to try to use you as a confidential informant, but that doesn't mean they can't and won't end up filing charges for the drugs later on down the line.

 

[gotneighbor]

sandyclaus?..lol

Marijuana tends to have a very pungent odor, easily detectable. And if officers detect the smell, I'm pretty sure they have probable cause to search. If you were smoking it in the car, even more so.

What a winner, trying to blame the existence of the marijuana on dad since it was "his car" and you kept saying it wasn't yours.

Sounds to me like they are going to try to use you as a confidential informant, but that doesn't mean they can't and won't end up filing charges for the drugs later on down the line.

i didn't say it was my dads. i said the car was my dads in his name(registration/owned). and since it is his, they need his consent to search his car, winner lol. and why would i say it's mine? thats so stupid. once you say its yours thats admission right there. as it stands right now, i KNOW he was in violation of my fourth. as justalayman said it probably won't hold up in court. reasons being violation of my fourth, the amount, the severity of my crime, and apparent smell? in court, smell i don't believe to be enough from what i've read. there was no visible evidence pertaining to any substance in my vehicle nor was i pulled over for anything serious. it was for "cutting him off", not driving reckless or under the influence. and still the fact remains, i shut my door behind me when the first office told me to step out of the car. so point in case regardless of the circumstances, they still need admission of guilt and/or consent to search the vehicle. To me from what it seems, this forum has some helpful people and then theres you. i look back and both posts you submitted really have to relevance to what i was inquiring about. thank you to justalayman, because at least he gives real advice and real thought about it.

 

[swalsh411]

and since it is his, they need his consent to search his car

No they don't. If that were the case then people who had drugs on them would just drive around in each others cars so nobody could get searched.

they still need admission of guilt and/or consent to search the vehicle.

Again, no that is not true. If they have probable cause they can search the vehicle. Having said that, if it ever went to Court they would have to articulate exactly what that probable cause was and lawyers just love shooting that down.

 

[justalayman]

gotneighbor;2992407]i didn't say it was my dads. i said the car was my dads in his name(registration/owned). and since it is his, they need his consent to search his car, winner lol. and why would i say it's mine? thats so stupid.

No, not a winner. You had possession of the vehicle. That means dad has nothing to say about the search.

once you say its yours thats admission right there. as it stands right now, i KNOW he was in violation of my fourth. as justalayman said it probably won't hold up in court.

I didn't say that. I said I have no idea what the cops might claims as PC and if they had PC the search is good. What I said is you have your lawyer review the situation and if the search is not valid, the results get tossed.

reasons being violation of my fourth, the amount, the severity of my crime, and apparent smell? in court, smell i don't believe to be enough from what i've read.

I have not checked your state for specifics. Some states allow smell, some don't.

there was no visible evidence pertaining to any substance in my vehicle nor was i pulled over for anything serious. it was for "cutting him off", not driving reckless or under the influence. and still the fact remains, i shut my door behind me when the first office told me to step out of the car. so point in case regardless of the circumstances, they still need admission of guilt and/or consent to search the vehicle.

NO, they need PC and if they had PC, it wouldn't matter if you locked the doors, they had a right to enter the vehicle.

thank you to justalayman, because at least he gives real advice and real thought about it.

but you took that and ran with it implying facts I never suggested.

 

[CdwJava]

and since i said i don't consent to searches, and he searched my car anyway, isn't that illegal?

The answer is "maybe." We do not know why your car was searched. They may have had articulable probable cause. Maybe they did not.

You are free to complain to the agency and even consult an attorney and ask how much it might cost you to sue the agency for a violation of your 4th Amendment rights.

 

[CdwJava]

they found a nickel of marijuana. and a bowl. in my center console of my car.

I'm suspecting that the officer smelled marijuana when he contacted you. Marijuana is quite pungent and the aroma can be noticed by those of us who do not smoke it. I can smell it in a baggy in the center console most of the time even when standing outside the driver's window. And if anyone in the car has been smoking it in the last few hours, it is likely that the aroma is still wafting off of them - or lingering in the car if it was smoked in the car.

Oh, and they do not need the owner's consent to search the car. I am not sure where you came up with that one. The only thing that a different owner might do to help you is that it could give your attorney some circumstances to raise as reasonable doubt that the marijuana was yours since an argument could be made that the marijuana belonged to the owner of the car (assuming you did not 'fess up).

 

[dave33]

they found a nickel of marijuana. and a bowl. in my center console of my car. the car is also registered in my fathers name. i got pulled over. the cop asked me for my documents. i gave them to him. he then asked me to step out of the vehicle so i did. i then shut my door. we then started talking about why he pulled me over. then he said is there anything in the car i should know about? i said no, and i don't consent to searches. i then hear my door open and the the cops partner was digging around in my car. he then called him back after he found the contraband. the reason he told me i was pulled over was because i "cut him off". we then talked for a little more about dealers. and i gave him a name. during the whole talk they kept telling me it was mine and kept trying to get me to i guess self incriminate myself but i kept saying it's not mine and how the vehicle is registered in my dads name. at the end of the encounter he said he could file charges for up to a year. but he said he wanted to keep a good relationship with me because i gave him good intel.

What are you worried about? You have made a new best friend. Brothers in arms fighting the good fight. Right? Since you are his new b@#$%, just keep tellin' on your friends and bend over when told and you should be just fine.