Unlawful Stop? Any help appreciated.

[themookish]

**************...

 

[Zigner]

Did this violate my 4th amendment rights?

No, it did not - stay off the grass.

 

[themookish]

No, it did not - stay off the grass.

Funny you should say that, because I don't use drugs. This fact, of course, has little to do with the legality of possession.

 

[Zigner]

Funny you should say that, because I don't use drugs. This fact, of course, has little to do with the legality of possession.

Then, find better friends...

 

[themookish]

If not directly a 4th amendment violation, could this be considered fruit of the poisonous tree due to an unlawful stop?

 

[CdwJava]

Only if the stop was ruled unlawful would the "fruit of the poisonous tree" doctrine apply. But, if GA law prohibits any covering over license plates, it looks like the stop is good. You MIGHT have a chance if you can show that the laws in your home state - where the vehicle is registered and where I presume you reside - permits plastic covering.

The dog walking around your vehicle is NOT a search pursuant to USSC case law, so that was proper so long as the detention was proper ... and on its face, it would seem that the detention WAS proper.

Consult local counsel immediately.

- Carl

 

[themookish]

How do possession laws work?

I did not have full knowledge of his possession of it and I certainly have no reason to possess it, but it ended up being in my vehicle on his person, and then under the seat after he put it there. How does something like that usually end up getting ruled if he testifies that he put it under the seat?

 

[CdwJava]

How do possession laws work?

I did not have full knowledge of his possession of it and I certainly have no reason to possess it, but it ended up being in my vehicle on his person, and then under the seat after he put it there. How does something like that usually end up getting ruled if he testifies that he put it under the seat?

If the state can reasonably show that you had knowledge and constructive control of the substance, you can also be charged. If your friend jumps on the grenade and says you had no knowledge of it because he brought it in to the car in his pocket and never told you about it, the state might have a tough time tying you to it ... even if they don't believe it, and *I* don't, they still have to prove your knowledge that it was in the car.

- Carl

 

[CJane]

QUESTION: Would you be here posting about an illegal search if they HADN'T found anything and after walking their dog around your car, had wished you nice day and sent you off?

No?

Then it probably wasn't an illegal search.

 

[HomeGuru]

QUESTION: Would you be here posting about an illegal search if they HADN'T found anything and after walking their dog around your car, had wished you nice day and sent you off?

No?

Then it probably wasn't an illegal search.

**A: I like that response.

 

[themookish]

QUESTION: Would you be here posting about an illegal search if they HADN'T found anything and after walking their dog around your car, had wished you nice day and sent you off?

No?

Then it probably wasn't an illegal search.

While that might be a cute and witty response it certainly doesn't give credence to the liberties this country was originally founded on.

 

[CJane]

While that might be a cute and witty response it certainly doesn't give credence to the liberties this country was originally founded on.

Well, I AM witty and I AM liberal. But not so much cute. I fear I am too snarky by far to be considered cute.

 

[CdwJava]

While that might be a cute and witty response it certainly doesn't give credence to the liberties this country was originally founded on.

However, I don't see where anything done here by the officer was in any way a violation of the Constitution, so I would suggest consulting a local attorney to see if you can lay this all in your friend's lap.

- Carl

 

[CdwJava]

Well, I AM witty and I AM liberal. But not so much cute. I fear I am too snarky by far to be considered cute.

"Snarky"?

snarky

Main Entry: snarky
Pronunciation: \ˈsnär-kē\
Function: adjective
Etymology: dialect snark to annoy, perhaps alteration of nark to irritate
Date: 1906
1 : crotchety, snappish
2 : sarcastic, impertinent, or irreverent in tone or manner <snarky lyrics>
— snark·i·ly \-kə-lē\ adverb​

Huh ...

I'm a conservative - and too old to be cute ... I think I'm more snarky to my kids and the suspects I deal with than on this forum - but, I suppose I have my moments.

- Carl

 

[CJane]

2 : sarcastic, impertinent, or irreverent in tone or manner <snarky lyrics>
— snark·i·ly \-kə-lē\ adverb [/INDENT][/I]

Yes, exactly.

I'm a conservative - and too old to be cute ... I think I'm more snarky to my kids and the suspects I deal with than on this forum - but, I suppose I have my moments.

- Carl

How old is too old to be cute? Because I've always hoped to be one of those cute lil old ladies who wears shoes that match her handbag, and a plastic hair cover thingie to church.

And if anyone thinks I'm snarky here, they ought to hear me in mom mode.