car was searched without consent and i was arrested for cociane

[motley69]

florida
i was pulled over and when the police asked if i had any drugs in my car i said no they asked multiple times to search and i said no they had me get out of the car and then searched any way . when i asked the reason they pulled me over they said they saw me pulled next to a known drug dealer at a store down the street ( which was true but they did not see a transaction) they did find a 1/2 gram of cocaine in my car but i never said yes to them searching my vehicle and they also at no time during the arrest or at jail did they read me my rights is there anything i can do to get off of the charge of poss?

 

[seniorjudge]

This is a search incident to an arrest; thus, no warrant or permission is needed.

You don't have your rights read to you unless the cops want to question you.

 

[OneFineDay]

This is a search incident to an arrest; thus, no warrant or permission is needed.

HUH? The search was PRIOR to the arrest, conducted without consent.


If what you say is true, the evidence HAS to be thrown out. However, I suspect the officer's report will read entirely different than what you wrote

 

[Zigner]

They had probable cause for the search based on your actions. They believed they saw you involved in a drug transaction.

 

[seniorjudge]

SEARCH INCIDENT TO LAWFUL ARREST - A search is reasonable, and a search warrant is not required, if a search is conducted as an incident to a lawful arrest.

Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence.

http://www.lectlaw.com/def2/s010.htm


You were arrested (meaning, your freedom of movement was stopped) when this happened: "...i was pulled over...."

 

[CdwJava]

florida
i was pulled over and when the police asked if i had any drugs in my car i said no they asked multiple times to search and i said no they had me get out of the car and then searched any way . when i asked the reason they pulled me over they said they saw me pulled next to a known drug dealer at a store down the street ( which was true but they did not see a transaction) they did find a 1/2 gram of cocaine in my car but i never said yes to them searching my vehicle and they also at no time during the arrest or at jail did they read me my rights is there anything i can do to get off of the charge of poss?

I don't know about the courts in FL, but in my state simply being seen with a "known drug dealer" would NOT be sufficient to justify a search of a vehicle without consent or some other exigency. Now, if the driver were on searchable probation or parole, sure. OR, if the driver were actually under arrest for some offense. If your statement is the complete and God's honest truth (and I strongly suspect the officers' version will be different), then the search is very questionable.

It all depends on the articulation in support of good cause for the search.

- Carl

 

[CJane]

A good rule of thumb is... would you be here bitching about the search if they HADN'T found your stash?

 

[moburkes]

A good rule of thumb is... would you be here bitching about the search if they HADN'T found your stash?

As soon as I read that they didn't have permission, I knew what to expect. Its getting to be so predictable, ya know?

 

[Zigner]

I don't know about the courts in FL, but in my state simply being seen with a "known drug dealer" would NOT be sufficient to justify a search of a vehicle without consent or some other exigency. Now, if the driver were on searchable probation or parole, sure. OR, if the driver were actually under arrest for some offense. If your statement is the complete and God's honest truth (and I strongly suspect the officers' version will be different), then the search is very questionable.

It all depends on the articulation in support of good cause for the search.

- Carl

Carl,

Our OP says he was stopped next to a known drug dealer but they did not SEE a transaction.
OP doesn't say a transaction didn't occur and the police could very well have seen a transaction. Our OP can't state for sure whether they saw it or not, he is just assuming they didn't.

Now, if the officers actually SAW a transaction (or something that reasonably appeared to be a transaction), would that be enough to justify the search?

That's where I was going...

 

[CdwJava]

Carl,

Our OP says he was stopped next to a known drug dealer but they did not SEE a transaction.
OP doesn't say a transaction didn't occur and the police could very well have seen a transaction. Our OP can't state for sure whether they saw it or not, he is just assuming they didn't.

Now, if the officers actually SAW a transaction (or something that reasonably appeared to be a transaction), would that be enough to justify the search?

That's where I was going...

They'd have to see something. THINKING they saw something might not be enough. But, each case has to be evaluated on a case-by-case basis, and on its own merits.

- Carl

 

[Zigner]

They'd have to see something. THINKING they saw something might not be enough.

Car stops next to dealer. They chat for a moment, then extend hands towards each other. The officer is a bit too far to actually *see* the item go from one person to the other, or maybe he's close enough to see an item, but can't exactly tell what it is.

But, each case has to be evaluated on a case-by-case basis, and on its own merits.

I absolutely agree with you, and anything I say is purely speculation based on only hearing the side of the guy with the drugs IN his car.

 

[CJane]

As soon as I read that they didn't have permission, I knew what to expect. Its getting to be so predictable, ya know?

I know.

And really... it's a damn good thing I'm not a cop. Because I think that the second someone refused permission for a search, I'd decide that they definitely had something in their car and I needed to search it.

I have never had drugs in my car. I can't fathom telling a cop he couldn't search my vehicle. But I've only been asked a few times, and only when entering a military base... and pretty much EVERY civilian gets searched in that case.

 

[CdwJava]

And really... it's a damn good thing I'm not a cop. Because I think that the second someone refused permission for a search, I'd decide that they definitely had something in their car and I needed to search it.

Unfortunately, a refusal to consent can NOT be used as good cause to justify a search. If that were the case, there would be little need for the 4th Amendment.

- Carl

 

[CJane]

Unfortunately, a refusal to consent can NOT be used as good cause to justify a search. If that were the case, there would be little need for the 4th Amendment.

- Carl

Oh, I know. That's why it's a good thing I'm not a cop.

 

[motley69]

Everything I Stated Is True I Must Have Told The Police 5 Times Not To Search My Vehicle I Have Not Seen The Police Report Not Sure How To Get It I Have Never Been Arrested Before Im Just Trying To Find Out If This Is Going To Effect Me For The Rest Of My Life For A Stupid Mistake I Was Told I Had A Court Appt Attorney That I Have No Information On How To Contact And I Am Just Trying To Get Some Help On What To Do , Before I Go To Court And Have A Court Appt Attorney That Looks At My Case For 2 Seconds And Doesnt Tell Me Anything On What Is Going On.
If You Have Info That Can Give Me Better Knowledge Thanks If Not Then No Thanks