profiled and assumptions

[profiled]

What is the name of your state (only U.S. law)? california
i was profiled walking down the street, they went against my denial to search and found narcotics in a bag in my purse. when i went to court they claim that they(under cover) saw visable track marks on my arms and that is why they stopped me also i was walking lathargicly. neither statements are true and if i may have been walking slow it was only 110 degrees outside. now they assumed that i skipped bail so they didnt even call my name for a public defender and then when they realized i am in court and had been, they send in the prop 36 girl assuming that i would just take that, which i want to fight it!!! they cant just profile me -b/c that is what they said when they stopped me was "i fit the discription of someone they need to talk to in that neighborhood" i was a block away from the metro link which is my destination. anyhow i need to know if i can or how i go about getting someone to defend me b/c my pd said "well they profiled you correctly" it is bs i think she tricked me into going infront of the prop 36 judge and plans on asking to suppress their statements not ask for dismissal! help

[FlyingRon]

Get off drugs long enough to learn how to use sentences.
Why did you not ask for the public defender?
We can't tell through the internet people as to whether the stop or search was warranted.

[Banned_Princess]

It appears they did profile you correctly, because if they didn't you would have had no drugs, and made it to the metro.


So your saying, police have no right to stop and question drug addicts? probably their job is to get the drug addicts.

Just cops, doing their job. well. Go in and ask again for the public defender that would apply to you. And I'm pretty sure your right, this is not going to be dismissed. Why should it be again?

[CdwJava]

Originally Posted by profiled

i was profiled walking down the street,

What "profile" did they use? Note that the only profiling that is unlawful is that which leads to a detention, arrest, or some other action based SOLELY upon a person's perceived association with a protected class. Appearing to be someone under the influence of a controlled substance is not yet a protected class.

If the detention was based upon reasonable, articulable suspicion, the detention was good. Likewise, if they conducted a search based upon probable cause, consent, or the conditions of your probation or parole, a search was good.

they went against my denial to search and found narcotics in a bag in my purse. when i went to court they claim that they(under cover) saw visable track marks on my arms and that is why they stopped me also i was walking lathargicly. neither statements are true and if i may have been walking slow it was only 110 degrees outside.

Well, even if they were incorrect, it sounds like they articulated sufficient cause for a detention. Whether the search was lawful or not was for a court to decide ... and apparently the court found they had probable cause (likely because they arrested you for being under the influence of a controlled substance). Did you test positive for something later on?

now they assumed that i skipped bail so they didnt even call my name for a public defender and then when they realized i am in court and had been, they send in the prop 36 girl assuming that i would just take that, which i want to fight it!!!

You have that right. Fight it if you wish. But, understand that Prop 36 gives you a free pass - complete the program, and you're free! Go to trial and its jail AND treatment as a condition of probation, and it stays on your record.

Your call.

anyhow i need to know if i can or how i go about getting someone to defend me b/c my pd said "well they profiled you correctly" it is bs i think she tricked me into going infront of the prop 36 judge and plans on asking to suppress their statements not ask for dismissal! help

The appointed attorney must act on your behalf. If you refuse the deal, the attorney must go with that.

If you do not like the public defender, then you can hire your own attorney ... but, if you could, you probably would not have been eligible for a public one.

So, have you quit using the dope, yet? Are you seeking treatment? or is this something you want to try and beat so you will not be subject to treatment and testing as that will allow you to continue using?

- Carl

[Banned_Princess]

Oh Carl,

you have a fantastic way of putting things in perspective for these morons..

Drug addicts are a protected class of people... ha ha ha.

I continue to learn so much from your law enforcement experience!

Thank You!!