Driver In Possession

[Ensair]

What is the name of your state? California

I was issued a Driver in Possession of Marijuana however, my person and my car were searched without warrant or without permission. I was never read my rights even after being informed that it was an arrest, and was asked several questions about where I was getting my marijuana, how much I smoked, even a bit on my driving habits. The officers admitted that I was not under the influence while driving and said that they would testify as such in court. I'm 18, had approx. 8.5g in my car, although they let me keep my bong, bubbler, and pipe which all happened to be in the car that morning. What are my options of fighting this ticket?

 

[FlyingRon]

Miranda rights only apply to questioning when you are in custody. Cops can ask whatever they want before they arrest you with out reading the rights.

Under what circumstances were you pulled over to begin with?

At what point in this did the search occur?

 

[Ensair]

I was pulled over at 2am after having gone through an intersection. I was making the first left afterwards to stop at a friends house to pick up my snowboard as I was leaving that very morning for my trip. The cop allowed me to park but pulled his car in behind mine so that I could not leave. He proceeded to tell me that it had "looked" like I was going too fast. Now, not only do I know for a fact, having driven these streets for several years, that my car is physically incapable of breaking speed limit before making that turn, but the officer also failed to actually get me on radar. After having talked to me for a minute or two he asked me "So, where's the weed at?" to which I told him I didn't know what he was talking about. He asked me to get out of the car, asked my permission to search me to which my only reply was "Well, what are my options?" without a direct answer he started to search me, finding a pipe and a small bag of marijuana. Once he found that another officer pulled me off to the side away from my car and the first officer asked if he could search my car. Again, I asked what my options were and once again without telling me, he searched my car finding the rest of my stash. The other officer told me that I was technically under arrest but that they were only going to serve me a citation instead of booking me.

 

[CdwJava]

I was pulled over at 2am after having gone through an intersection. I was making the first left afterwards to stop at a friends house to pick up my snowboard as I was leaving that very morning for my trip. The cop allowed me to park but pulled his car in behind mine so that I could not leave. He proceeded to tell me that it had "looked" like I was going too fast. Now, not only do I know for a fact, having driven these streets for several years, that my car is physically incapable of breaking speed limit before making that turn, but the officer also failed to actually get me on radar.

He is permitted to make a detention for a perceived violation - in this case, speed, I suppose.

After having talked to me for a minute or two he asked me "So, where's the weed at?" to which I told him I didn't know what he was talking about.

Obviously he could smell it.

It might come as a surprise to some, but marijuana wreaks - even when it is sitting dried in a baggy.

He asked me to get out of the car, asked my permission to search me to which my only reply was "Well, what are my options?" without a direct answer he started to search me, finding a pipe and a small bag of marijuana. Once he found that another officer pulled me off to the side away from my car and the first officer asked if he could search my car. Again, I asked what my options were and once again without telling me, he searched my car finding the rest of my stash.

Okay, hire an attorney and see if your attorney can get the evidence suppressed. A lot will depend on the officer's account as well.

The other officer told me that I was technically under arrest but that they were only going to serve me a citation instead of booking me.

He fibbed - under CA law you could not be booked for simply possessing marijuana.

Now, you can spend $1,000+ on an attorney for an offense that carries a $100 fine (maybe near $300 after fees and assessments), and the only offense in CA that is purged after 2 years, but that is a decision you have to make.

- Carl

 

[echo1313]

Unless you left something in plain sight or he could smell the weed I don't think he had any probable cause for a search. Most lawyers don't charge for a consultation so it wouldn't hurt to talk to one to see what can be done or ask for a public defender. As for not reading you your rights, look up 4th and 5th amendments.