Search legal or not by answering yes to being on probation

[dunnome]

California.

My friend was a passenger when the driver was pulled over for a broken lighttail. The police asked both of them if they were on probation- the driver said no but since my friend was he answered honestly. He was then searched and they arrested him for paraphenelia and a small amount of methamphetemine.

1st question: Was it appropriate for the police to ask that question about the probation?

2nd question: Was it a legal for the police to search him for answering that question?

Somehow it doesn't seem right that as a result of being honest and a passenger minding his own business, he is now in jail because his friend was stopped for a broken light tail.

And my biggest on going question is: How is it that one can get a felony for doing what one want with one's body? I cannot see how that goes against the 4th 5th ++amendments -basically your constitutional rights for privacy. Meanwhile the arsenist, the pediphiler, the rapest, the theif, the mugger, the wife beater and any other mal-intent malicious low lives can get away with murder (pun intended) and a lesser charge. I really don't get it. the law is making criminals out of innocent people who just want a peace of mind and have found it in a nowhere, noway method. tHANK you for your attention to my problem and letting my rave my thougts.

[TYRIS]

California.

My friend was a passenger when the driver was pulled over for a broken lighttail. The police asked both of them if they were on probation- the driver said no but since my friend was he answered honestly. He was then searched and they arrested him for paraphenelia and a small amount of methamphetemine.

1st question: Was it appropriate for the police to ask that question about the probation?

-Yes, the Police can ask anyone if they are on probation.

2nd question: Was it a legal for the police to search him for answering that question?

-Yes. Upon him stating that he was on probation gave the Police the legal right to search.

Somehow it doesn't seem right that as a result of being honest and a passenger minding his own business, he is now in jail because his friend was stopped for a broken light tail.

-Regardless of whether or not it seems right or not, your friend was on probation and therefore subject to search at anytime or anyplace.

And my biggest on going question is: How is it that one can get a felony for doing what one want with one's body? I cannot see how that goes against the 4th 5th ++amendments -basically your constitutional rights for privacy. Meanwhile the arsenist, the pediphiler, the rapest, the theif, the mugger, the wife beater and any other mal-intent malicious low lives can get away with murder (pun intended) and a lesser charge. I really don't get it. the law is making criminals out of innocent people who just want a peace of mind and have found it in a nowhere, noway method. tHANK you for your attention to my problem and letting my rave my thougts.

-By being placed on probation, your friend waived his rights to the 4th amendment.

Your friend is not an innocent bystander. He is a criminal due to the fact that he was found in possesion of methamphetamine.

Regardless of what you think and as well as details that are pointless to go into, methamphetamine use does not always effect only the person using it. Your friend screwed up. If you were his friend, you should be trying to get him into a treatment program and stop blaming the law for his mistakes.


Tyris

[CdwJava]

Originally Posted by dunnome

My friend was a passenger when the driver was pulled over for a broken lighttail. The police asked both of them if they were on probation- the driver said no but since my friend was he answered honestly. He was then searched and they arrested him for paraphenelia and a small amount of methamphetemine.

You need to get a better class of friends.

1st question: Was it appropriate for the police to ask that question about the probation?

As Tyris said ... Yes.

2nd question: Was it a legal for the police to search him for answering that question?

Well ... yes ... but without confirming (via Dispatch) that the subject was indeed on Probation with search and seizure stipulations the officer COULD risk a challenge to the seizure if the suspect were NOT on searchable probation.

Somehow it doesn't seem right that as a result of being honest and a passenger minding his own business, he is now in jail because his friend was stopped for a broken light tail.

Let's see ... what ONE thing would prevent him from having gone to jail ... hmmm ... Oh! I know! He could have NOT been holding any dope or paraphernalia!

And my biggest on going question is: How is it that one can get a felony for doing what one want with one's body?

Because that's what the law says.

I cannot see how that goes against the 4th 5th ++amendments -basically your constitutional rights for privacy.

The US Constitution does not contain a "right to privacy" - it is inferred, although the CA Constitution does. And your friend WAIVED his 4th Amendment rights as a condition of probation. And what has the 5th Amendment got to do with anything here??

Meanwhile the arsenist, the pediphiler, the rapest, the theif, the mugger, the wife beater and any other mal-intent malicious low lives can get away with murder (pun intended) and a lesser charge.

They can? Wow. All but "the theif [sic]" are likely felony charges carrying much greater penalties than dope that almost automatically goes to deferred entry of judgement or Prop. 36.

I really don't get it. the law is making criminals out of innocent people who just want a peace of mind and have found it in a nowhere, noway method.

Yep ... smoking dope is a "nowhere, noway method" of dealing with life.


- Carl

[dunnome]

And who might you be to judge whether or not I need a better class of friends - just because of substance use suddenly a person is of a lower class. I have seen more unethical acts from heartless people with mal-intent that have alot of money ~ power. If this is what's considered a better class, I'll stick to my class. It's obvious that you have absolutely no idea just how pervasive the use of this drug extends into - there are no class boundaries.
Class, intelligence, education, money, upstanding, outstanding, good or bad - it's all irrelevant to the drug.

And i am to believe that everyone of these users are criminals. There wouldn't be enough jails around to contain all that have used this or any other drugs- but meth is the most insidiously addicting of all
Read what i am saying - i am by no means condoning the use of any drug. I am merely trying to bring to light what is happening to the people - US. What will this future society be if like we keep making arrest. giving out felonies like it's candy going out of style ...because this drug is here to stay and the jails are barely keeping up with it's growth. It is the cancer of our society that the law is covering with the easiest possible way- shove it under the rug in jail, confine, punish. I don't know the answer - I just hope to God it is found somehow.

[CdwJava]

Originally Posted by dunnome

And who might you be to judge whether or not I need a better class of friends - just because of substance use suddenly a person is of a lower class.

Well ... now that you mention it ...

Perhaps I need to rephrase, then. I suggest you maintain ties with friends that are not criminals.

And I am the person that cleans up after their messes and the destruction in their wake - that's who I am.

I have seen more unethical acts from heartless people with mal-intent that have alot of money ~ power.

Maybe. But we're not talking about them.

It's obvious that you have absolutely no idea just how pervasive the use of this drug extends into - there are no class boundaries.

I never said there was. If you think I am refering to "class" as in a caste or economic strata, then you got it wrong.

And I have a much better idea of the effects of this than you do, I am sure.

Class, intelligence, education, money, upstanding, outstanding, good or bad - it's all irrelevant to the drug.

We can agree on that, at least.

And i am to believe that everyone of these users are criminals.

Well ... they use drugs and drugs are against the law ... by definition that makes them criminal.

And most your regular users ARE criminals in other areas as well. Why do you think property crimes detectives in major cities also receive a lot of drug recognition training? It ain't because they are on the narcotics task force!

There wouldn't be enough jails around to contain all that have used this or any other drugs- but meth is the most insidiously addicting of all

From a medical standpoint, it is probably #2 ... but, it IS insidious.

Read what i am saying - i am by no means condoning the use of any drug. I am merely trying to bring to light what is happening to the people - US.

Actually, you were commenting on your friend's situation. And he appears to be out of luck as far as suppressing the search. Fortunately for him, if he has no priors he'll get a couple free bites at the apple before he stands a chance of doing time.

What will this future society be if like we keep making arrest.

Better than patting them on the head and letting them get high on the corner.

giving out felonies like it's candy going out of style ...because this drug is here to stay and the jails are barely keeping up with it's growth.

I can't speak for other states, but in CA a first time (or three) offender is not at all likely to do time for simple possession. There are too many diversion programs and then there is Prop 36 - treatment with no penalty for failure ... and a recidivism rate that is abysmally high.

It is the cancer of our society that the law is covering with the easiest possible way- shove it under the rug in jail, confine, punish. I don't know the answer - I just hope to God it is found somehow.

Well, the answer sure as heck ain't just letting them walk free. And until they can forcibly lock these folks up to treat them (which, as anyone in the treatment field will tell you, won't take in that environment), there are no other alternatives.

Don't worry. Your friend will get a pass unless he has several other offenses behind him ... or, unless he faces some additional charges beyond what you wrote. He'll be able to go out and play again. Only next time, tell him to leave his crud at home.

- Carl