Will Fourth Amendment protect me?

[Wen65]

What is the name of your state?Arizona
While driving home one evening, I was stopped by a group of police officers standing in the road. It was 9:00 pm, I was not violating any traffic laws, my car was in perfect condition with current tags and I was dressed in office attire. Several officers told me to turn around because of a crime scene ahead. I started to back up when an officer came forward and requested my driver's license. He arrested me on a bench warrant (unpaid traffic ticket) and searched my car, my purse, and myself. Drugs were found in the car and I was charged with possession. No laws were broken, no probable cause to run my license or search the vehicle. Is this a violoation of the Fourth Amendment? Can I fight this charge based on illegal search and seizure?

I am a public school teacher with no criminal record whatsoever. This charge will end my career and limit my retirement benefits. What are my options at this point? Your thoughts on this matter are deeply appreciated.

 

[CdwJava]

""""Several officers told me to turn around because of a crime scene ahead."

That establishes that the officers were in a place they had a lawful right to be, and conducting activity they had a lawful right to do (control access to a 'crime scene'. So their presence - and their contact with you was perfectly legal.

""""I started to back up when an officer came forward and requested my driver's license. He arrested me on a bench warrant (unpaid traffic ticket) and searched my car, my purse, and myself."

He asked and you provided it. I suppose you could argue that he unlawfully detained you to ask for the license, but that's pretty weak. He requested, and you gave it to him. The fact that you had a warrant makes it even weaker.

Any subsequent search can be lawful for a number of reasons - including an impound inventory of the vehicle, or, a search incident to arrest.

""""Drugs were found in the car and I was charged with possession."

Oops. Bad news.


""""No laws were broken, no probable cause to run my license or search the vehicle."

The police do not need "probable cause" to "run" your license. And the search was likely perfectly lawful after your arrest for one or both reasons cited above.

If you provided your license to them upon request ("Ma'am, could I see your license, please?") then it will likely be considered a consensual contact. It is also possible that they ran the license plates on your car, found that it came back registered to you and were told there was a warrant for your arrest. In that case, they had every reason to DEMAND identification.

However, generally, when you have a warrant for your arrest, most such arguments regarding detention are going to fall on deaf ears. But, a good attorney MIGHT be able to make a case ... maybe.


""""Is this a violoation of the Fourth Amendment?"

I don't think so. But, you should probably consult an attorney.

""""I am a public school teacher with no criminal record whatsoever. This charge will end my career and limit my retirement benefits. What are my options at this point?"

Talk to an attorney.

Also, you might consider what options are available through your school district. It is very possible that the district would recognize your possession of controlled substances for personal use as an addiction or disease for which you might be eligible to receive treatment for. And it might be to your advantage to look in to the possibility of working drug treatment into a plea agreement that would either drop the arrest from your record or lower it to a charge that would not end your career.

Just some thoughts.

Oh ... and stop using/transporting/holding drugs!

Carl

 

[ptlmejo]

Is this a violoation of the Fourth Amendment?"

Nope. By you showing up at a crime scene, you just created any reasonable suspicion. Your subsequent VALID arrest leads to a "seach incident to lawful arrest." Evidence admissiable.

 

[krispenstpeter]

This charge will end my career and limit my retirement benefits. What are my options at this point?

Good!

 

[Bravo8]

Good post, CdwJava. I have to disagree on one issue though. The circumstances surrounding the request for the driver's license would dictate whether it was a consensual contact or not. I'm a bit confused, as I think there are facts missing.

Why would officers tell her to turn around, and then change their minds and ask for her DL? Something happened and she's not letting on (like perhaps she was under the influence, having consumed a portion of the drugs she was carrying. When they spoke to her, the realized she was DUI.....that was my first thought).

 

[dequeendistress]

Or maybe some of that illegal contraband caught an officer's eye.

How many times have you routinely been on a stop or on the scene and one of your fellow officers whispers: "590"? Happens all the time.

To the OP, serves you right. PLUS stating you have no criminal history is BS, you just failed to show the last time you had formal charges=bench warrant. You receive an A+ in the DUH 101!