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Stopped for no reason disregard of my rights

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What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Texas

Ok This is what happened...tell me if we have a chance.



X mas night me and 2 freinds of mine were on the way to my grnadmothers house. We turned on to one of the main streets and the cops pulled up right behind us as soon as we made the turn. followed us for a second then turned we were like ok lets just go home so we continue to head towards the store so we can make a turn around...thats when we see the lights behind us so we pulled into the store. They asked us where we are going and if we had anything to drink we told them we were going to my grandmothers house and we told them we didnt have anything to drink. I asked them why we were pulled over they said cuz our stickers were expired. How could they have seen my stickers from behind us at 11 oclock at night?????? well anyways they made us all get out of the car and searched us then put us in the cop car. One cop started searcing the car and and i asked the other cop that was right by us what reason did they have to search the car and he said the person in the back seat was looking back when they pulled us over and i told him that i told him to look back becuz i thought i saw the cop lights and i told him that he had no reason to search my car and replied to me this : Do you think we give a damn about your rights?? all it takes is one stroke of the pen and slammed the door. Well to make a long story short they found a loaded 38 in the trunk and charged my friend with it because it was in his reach, the gun was in the trunk! they found some weed in the dash in front of the driver and charged me with it? Im going to take the charge for the gun and fight the weed, so with all this said my question is do you all think i have a chance of maybe getting 1 or both of the charges dropped??

ohh and also on the drivers ticket they put that the reason they pulled us over was because my license plate light was out o_0

edit- if i take the blame for the gun what type of punishment will they give me?? I have no prior criminal convictions
 


seniorjudge

Senior Member
anthony361 said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Texas

Ok This is what happened...tell me if we have a chance.



X mas night me and 2 freinds of mine were on the way to my grnadmothers house. We turned on to one of the main streets and the cops pulled up right behind us as soon as we made the turn. followed us for a second then turned we were like ok lets just go home so we continue to head towards the store so we can make a turn around...thats when we see the lights behind us so we pulled into the store. They asked us where we are going and if we had anything to drink we told them we were going to my grandmothers house and we told them we didnt have anything to drink. I asked them why we were pulled over they said cuz our stickers were expired. How could they have seen my stickers from behind us at 11 oclock at night?????? well anyways they made us all get out of the car and searched us then put us in the cop car. One cop started searcing the car and and i asked the other cop that was right by us what reason did they have to search the car and he said the person in the back seat was looking back when they pulled us over and i told him that i told him to look back becuz i thought i saw the cop lights and i told him that he had no reason to search my car and replied to me this : Do you think we give a damn about your rights?? all it takes is one stroke of the pen and slammed the door. Well to make a long story short they found a loaded 38 in the trunk and charged my friend with it because it was in his reach, the gun was in the trunk! they found some weed in the dash in front of the driver and charged me with it? Im going to take the charge for the gun and fight the weed, so with all this said my question is do you all think i have a chance of maybe getting 1 or both of the charges dropped??

ohh and also on the drivers ticket they put that the reason they pulled us over was because my license plate light was out o_0

edit- if i take the blame for the gun what type of punishment will they give me?? I have no prior criminal convictions

Sounds like a good stop to me.
 
seniorjudge said:
Sounds like a good stop to me.

How could a be a good stop??? They couldnt see my stickers from the back of us at 11 o clock at night

--PARIDISE-- said:
So, is this normal for you kids to be driving around with a loaded 38 and smoking pot? :rolleyes:

no one was smoking pot
 

Shay-Pari'e

Senior Member
anthony361 said:
How could a be a good stop??? They couldnt see my stickers from the back of us at 11 o clock at night




no one was smoking pot
OK! Please use this excuse in front of the judge, when trying to explain the loaded 38 and the pot. You are just plain dumb.
 
--PARIDISE-- said:
OK! Please use this excuse in front of the judge, when trying to explain the loaded 38 and the pot. You are just plain dumb.

ill let me lawyer do that ;) and im not to worried about the gun. It wasnt stolen so they are just gonna charge me for not having a license so like what is that? probation?
 

Shay-Pari'e

Senior Member
anthony361 said:
ill let me lawyer do that ;) and im not to worried about the gun. It wasnt stolen so they are just gonna charge me for not having a license so like what is that? probation?
Let yee lawyer tell you.
 

Kane

Member
Unlawfully carrying a weapon is a class A misdemeanor in Texas. It carries up to a year in jail. You could also qualify for probation. Possession of less than two ounces of pot is a class B misdemeanor. It carries up to six months. There's also a mandatory drivers' license suspension.

The police can stop you for any violation of the traffic laws, including an unlit license plate. Unless you're arrested, the police need probable cause, or permission, to search your car.

They're not required to tell you why they're searching your car, but the reason will be in the report, and they will have to explain it should you choose to challenge it. Ultimately it will be up to the judge to decide whether the search was reasonable. If the judge decides the search was unlawful, any evidence obtained from the search will be suppressed. That means it can't be used against you.

If you haven't been in trouble before, you'll probably get probation, if that's what you decide you want to do.
 

CdwJava

Senior Member
anthony361 said:
How could a be a good stop??? They couldnt see my stickers from the back of us at 11 o clock at night
The headlights on the patrol car are real good about lighting up those stickers.

Plus, if they ran your plates they would find out that they were expired.

I can't speak for the search, but if the car had been expired to the point where they could tow it, then they can search the car as part of an inventory. If they didn't tow the car, then the serach sound s"iffy" to me.

But, it really depends on what the officer saw. if they saw someone shifting around in the backseat possibly stuffing something under the seat, then that might be sufficient for a safety sweep of the interior ... and when they did THAT - lo and behold! A gun!

Too many cops in TX get killed on traffic stops ... I'm not surprised that they get a little suspicious.

- Carl
 
Kane said:
Unlawfully carrying a weapon is a class A misdemeanor in Texas. It carries up to a year in jail. You could also qualify for probation. Possession of less than two ounces of pot is a class B misdemeanor. It carries up to six months. There's also a mandatory drivers' license suspension.

The police can stop you for any violation of the traffic laws, including an unlit license plate. Unless you're arrested, the police need probable cause, or permission, to search your car.

They're not required to tell you why they're searching your car, but the reason will be in the report, and they will have to explain it should you choose to challenge it. Ultimately it will be up to the judge to decide whether the search was reasonable. If the judge decides the search was unlawful, any evidence obtained from the search will be suppressed. That means it can't be used against you.

If you haven't been in trouble before, you'll probably get probation, if that's what you decide you want to do.

Drivers license? who has one of those :p BUt see what i dont understand about the weed charge is how did i get it? The weed was 1 foot awya from the driver under the dashboard and they charged me with it? What gives?
 

seniorjudge

Senior Member
anthony361 said:
Drivers license? who has one of those :p BUt see what i dont understand about the weed charge is how did i get it? The weed was 1 foot awya from the driver under the dashboard and they charged me with it? What gives?
You could've gotten the dope and thus considered in control of it.
 
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