Illegal search?

[Leppy9]

Massachusetts


it was a saturday night and i was assaulted causing my person to bleed i left without further interaction with that party and proceeded to a local ambulance company in my town. I stopped and got out of my car and they called the police to the scene which is what is legally required by them and they bandaged me up. i sat there and the police arrived. He came to my field of view and said nothing to me then tirned around and went to my car. Opened my car and searched it. They uncovered some weed less than an ounce in 2 bags inside of another bag. They also found some small bags and an airsoft gun which is legal to have posession of and also a scanner. All of which were confiscated and claimed as evidence they also took about $500 in cash which included some of my paycheck and spending money for clothes and my bills it was near the weed. he then placed me under arrest saying your under arrest for possesion of Marijuana. i said nothing the whole time and he never read me my rights. I was cuffed and placed in the car. Still remaining silent he drove me to the county jail where i was held for the weekend then bailed the following tuesday. They said in the paper upon the officers arrival that i appeared extremely intoxicated. But how come he never said anything to me asked me if i was drunk or took any tests. If i was so intoxicated how come i was so cooperative and never slurred my speech or acted irratic. The police also neglected the fact of why i was there in the first place. I WAS ASSAULTED and still nothing has come of that. What should i do is this gonna stand up in court?

 

[racer72]

Hire yourself an attorney asap.

 

[HomeGuru]

Massachusetts


it was a saturday night and i was assaulted causing my person to bleed i left without further interaction with that party and proceeded to a local ambulance company in my town. I stopped and got out of my car and they called the police to the scene which is what is legally required by them and they bandaged me up. i sat there and the police arrived. He came to my field of view and said nothing to me then tirned around and went to my car. Opened my car and searched it. They uncovered some weed less than an ounce in 2 bags inside of another bag. They also found some small bags and an airsoft gun which is legal to have posession of and also a scanner. All of which were confiscated and claimed as evidence they also took about $500 in cash which included some of my paycheck and spending money for clothes and my bills it was near the weed. he then placed me under arrest saying your under arrest for possesion of Marijuana. i said nothing the whole time and he never read me my rights. I was cuffed and placed in the car. Still remaining silent he drove me to the county jail where i was held for the weekend then bailed the following tuesday. They said in the paper upon the officers arrival that i appeared extremely intoxicated. But how come he never said anything to me asked me if i was drunk or took any tests. If i was so intoxicated how come i was so cooperative and never slurred my speech or acted irratic. The police also neglected the fact of why i was there in the first place. I WAS ASSAULTED and still nothing has come of that. What should i do is this gonna stand up in court?

**A: what type of drinks and/or drugs were you on.

 

[Jdolittle69]

Being a criminal charge, you can get a public defender that can get you out of most of it because it is so by the book.

You won't get your pot back, but you wont get any charges because it was an illegal search, especially because it was in your car. They didn't test you for BAC so you wont get aqny charges there.

About your scanner, you should get that back... or, well in New York, scanners arnt illegal to have, only if your using them to break the law.. sounds stupid right. But in your fairness, at the time he took it, you were not using it to break the law. This might be different in Mass. thuogh.

The money... Bring bank statements and check stubs, (now I know it was drug money,) but the court doesnt. If you make enough at your job, which 500 shouldnt be to hard to prove, then you should get it back. Its amounts like 3 or 4 thousand that you have problems with. (Future info, keep your damn sales money in your wallet. anywahere else in a car seems suspitous.)

As for the NewsPaper. You are one lucky fellow, call up a personal injury lawyer. They work off of a percent usually. You should be able to get the paper for slander, and I forget what its called but something like assualt on your character. You will get alot of money for that. But Id put in a couple Job applications to companyies that pay alot. That way when you dont get the job, you can say its because of what they read in the paper. Even better if you have a friend that works somewhere that pays alot that could testify for you. He can say he heard the boss saying "screw that I saw him in the paper" etc... Then that makes your losses seem greater = the lawsuit being more!

Have fun with this.


JD

 

[quincy]

There is no action against the newspaper if they printed what was on the police report. That is legal for a newspaper to do.

 

[CdwJava]

You won't get your pot back, but you wont get any charges because it was an illegal search, especially because it was in your car. They didn't test you for BAC so you wont get aqny charges there.

What?!?!

How do you know the search was without cause? I can think of a number of possible justifications for a search.

BAC was never an issue, so of course he was never tested. And one can be convicted of being under the influence of drugs or alcohol without a chemical test. How common this is in the poster's jurisdiction is anyone's guess.

About your scanner, you should get that back... or, well in New York, scanners arnt illegal to have, only if your using them to break the law.. sounds stupid right.

Sounds like they might be trying to tie it in to his possession of the marijuana ... maybe arguing that they were elements of distribution or that he used it to avoid detection in some way.

As for the NewsPaper. You are one lucky fellow, call up a personal injury lawyer. They work off of a percent usually. You should be able to get the paper for slander, and I forget what its called but something like assualt on your character.

It is very clear you know NOTHING about the freedom of the media or the definition of slander (or, as it might be in this case IF the info had been printed with the paper knowing it to be false, libel). The paper likely reported what the police told them or what was in the police report. This is not slander and it is neither against the law nor actionable in civil court.

- Carl

 

[Jdolittle69]

What?!?!

How do you know the search was without cause? I can think of a number of possible justifications for a search.

BAC was never an issue, so of course he was never tested. And one can be convicted of being under the influence of drugs or alcohol without a chemical test. How common this is in the poster's jurisdiction is anyone's guess.


Sounds like they might be trying to tie it in to his possession of the marijuana ... maybe arguing that they were elements of distribution or that he used it to avoid detection in some way.


It is very clear you know NOTHING about the freedom of the media or the definition of slander (or, as it might be in this case IF the info had been printed with the paper knowing it to be false, libel). The paper likely reported what the police told them or what was in the police report. This is not slander and it is neither against the law nor actionable in civil court.

- Carl

Well if someone could tell me as to why my account was deleted that would be awsome.

Now:

I was assuming the search was without cause. Being a assult dispute, without a weapon involved according to the poster, there was nothing he could have been hiding that was harm to the police officer in his vehicle. Thus the illegal search. So I owuld like to hear your justifications.

When the poster said "extremely intoxicated" I took that as being drunk. thus the BAC. so difference of a definition between us two?

I like what you think about the scanner. It is a good piont, but in all reality they probably just took it because it was a scanner. Also as I posted earlier, I live in NY so rules are probably different.


About the paper. I know about the media freedom etc.. that you speak of. However, if the media writes something that was not in the police papers, it is illegal. I've had my own lawsuit against this and walked away with a good chunk of change for slander, and the other one I couldnt remember the name of.. something character...So yea....

To quicy.
Yes if they printed it in the report, then it was legal for the paper to print. From how the poster wrote it, I read it as the news writing things in that WERN"T in the report. I may be wrong.

To Curt581:
Yes, that among the other things I wrote about above

And please, why was I deleted?? I did nothing wrong.


JD

 

[CdwJava]

Well if someone could tell me as to why my account was deleted that would be awsome.

You'll have to ask Admin ... I suspect it was the misinformation being posted, but I can't be certain.

I was assuming the search was without cause. Being a assult dispute, without a weapon involved according to the poster, there was nothing he could have been hiding that was harm to the police officer in his vehicle. Thus the illegal search. So I owuld like to hear your justifications.

There are too many to speculate ... they run from searching identification of a possibly ill or inebriated suspect or obtaining possible evidence of a medical problem, to a search subsequent to an impound of the vehicle. There are too many possibilities to name. It's like asking why did a boy run across the road? Without more info, you just don't KNOW why.

When the poster said "extremely intoxicated" I took that as being drunk. thus the BAC. so difference of a definition between us two?

You can be extremely intoxicated on alcohol and never have a BAC determined. In most states the BAC is not an element of the offense of public intoxication. Usually all that is needed is evidence of alcohol consumption and an inability to care for one's self or to be causing a disturbance ... in my state this can usually be shown by observations and testimony by the officer. Heck, in many counties we do not even have to get a chemical test to show drug impairment provided the officer has sufficient training.

So, intoxication does not require a BAC test.

I like what you think about the scanner. It is a good piont, but in all reality they probably just took it because it was a scanner. Also as I posted earlier, I live in NY so rules are probably different.

When we seize drugs, we usually seize the scanner as under CA law it is likely the scanner is an additional offense. If it cannot later be supported, the defendant can seek to have it returned ... though, they rarely do.

About the paper. I know about the media freedom etc.. that you speak of. However, if the media writes something that was not in the police papers, it is illegal.

Not true! They can obtain the info anecdotally or through an unnamed or confidential source. Absent a knowing lie, the media is absolved of most erroneous info.

I've had my own lawsuit against this and walked away with a good chunk of change for slander, and the other one I couldnt remember the name of.. something character...So yea....

Then it wasn't for writing that you were arrested for intoxication, there was much more to it. It is nearly impossible to sue a media outlet and prevail absent a knowing lie.


- Carl