im filing a motionf suppression whats my chances!!

[mikedomes]

What is the name of your state? california
i got pulled over for a seatbelt ticket and the officer told me to get out the car searched me and said your tags are one day expired. i told him that i'll take care of it and then he told me that he was going to look in the car. i asked him of he had a search warrant he said no. i told him that he couldnt look in my car. so he arrested me for my one day expired tags. and started to look inside my car he didnt find nothing and then opened my trunk and started to look around and found more than a half pound of meth, so i got a lawyer and when to court numerous times and know they offered me 6 months of county jail plead guilty to 2 counts of felony's trasporting/sales im not a drug dealer i just did someone a favor and have to pay know. and if i mess up again 4 and a half years of prison
first offense no priors. so i rejected the offer and know i go to court for trial ready oct.2
whats my chances of beating the case with the motion. will they offer me something better
on oct.2
what should i doo people im started to think my lawyer is sucking me dry..
help me out thanks mike

 

[You Are Guilty]

The good news is Miss Cleo reports your chances of success are approximately 2%. The bad news is that the FreeAdvice Magic 8 Ball says 1%.

Bring your toothbrush.

 

[CdwJava]

so he arrested me for my one day expired tags.

No he didn't. What was the REAL charge on the booking sheet?

Expired registration is an infraction and is NOT subject to arrest in California. If the registration were expired for 6 months or more, he can certainly impound the car and that impound would subject it to an inventory of the contents (i.e. a search).

So, what were the charges (code numbers) on your jail booking sheet or on the citation you received?

What did the report say? Did the police report indicate a cause for the search or the arrest before the discovery of all the dope??

And didn't we go over this to death in a prior thread all ready?

- Carl

 

[outonbail]

im not a drug dealer i just did someone a favor

So you consider transporting a half a pound of meth for someone a favor huh?

Well the fact that you would haul this large quantity of meth around in a vehicle that has an expired registration, makes it quite obvious that thinking is not your strong suit, so I thought I'd explain a few things so you don't make this kind of mistake again when you are eventually released from custody.

First, let's go over the rules of doing someone a favor. Rule number one, the favor should never require you to break the law because breaking the law can get you thrown in jail and going to jail is not something you should be rewarded with, for having done someone a favor.
Rule two, a favor is something you don't charge someone for doing and you do not receive a profit of any kind for agreeing to do a favor. You do the favor because it is not really a inconvenience for you to do it. This also works the other way around. The favor should not cost you money or become an inconvenience to you and you should not have to accept any considerable responsibility for agreeing to a favor. In fact, it is something you should try to do, but if you can't or decide not to, it's no big deal.
An example would be your neighbor sees you are going to the grocery store, so he/she asks you to pick them up a gallon of milk while you are there. They hand you the money and you agree to do this. This would be a favor!

Now if this same neighbor sees you are going on a hunting trip and asks you to bring his wife along so you can shoot her because she has become more trouble than she's worth and you agree to do this, this would not be a favor, this would be murder! It is illegal and will get you put in jail. Again, this is not a favor!

So lets review,,, Milk, yes,,,, Murder No!

Now, if you are easily confused and not always clear on what would be considered a favor, I will provide you with a rule of thumb on how to conduct yourself, so that in most cases, you will avoid legal problems. This is very important and works very well at keeping you out of trouble with the law. If nothing else sinks in, you'll still make out OK in most situations as long as you always follow this rule:
NEVER BREAK TWO LAWS AT THE SAME TIME.
This is really a simple concept and should be easy to remember.

Lets apply it to your situation and see how things could have turned out completely different had you followed this rule.

If you were driving a vehicle with an expired registration, you were breaking the law, but only one law. Anyone being pulled over for this, as happened in your case, would only receive a citation and maybe even get off with a warning, no matter where the officer searched. Hence, you would not have been arrested.

Now lets say you were hauling this meth in your trunk. This is breaking the law, so you do not break any other laws while this dangerous illegal drug is in your trunk. So if your registration was current, you obeyed all traffic laws and all of your lights, signals and vehicle equipment was in working order, you would not get pulled over and not be going to jail.

See how easy this is to do and how well it works at keeping you out of jail?

Good, do this from now on!

 

[corruption]

corruption

I had a dui about 1 1/2 years ago. The officer pulled me over and said i crossed the center line. I fought the reasonable suspision and probable cause. i had too appeal to circuit court and the judge ruled in my favor. All charges were dismissed. I requested the video tape from the police department and it clearly shows me never even swerving. I made a motion too supress all evidence. hope this helps
bkt

 

[corruption]

corruption

By the way I did this without a lawyer

 

[CdwJava]

I'm thinking a video won't matter ... the DMV will have a record of whether the vehicle was expired or not. And since the OP does not argue that fact, I suspect it's a moot point.

- Carl

 

[tranquility]

From a previous post in a thread by the OP,

11378 11379 vc4000 vc27315 they pulled me over for no reason.... it was in one bag...
can i get prop 36 or pc 2000 please help me thanks

 

[CdwJava]

And a HALF POUND of meth!! And he argued it was for PERSONAL USE?!?!

- Carl

 

[mikedomes]

No he didn't. What was the REAL charge on the booking sheet?

Expired registration is an infraction and is NOT subject to arrest in California. If the registration were expired for 6 months or more, he can certainly impound the car and that impound would subject it to an inventory of the contents (i.e. a search).

So, what were the charges (code numbers) on your jail booking sheet or on the citation you received?

What did the report say? Did the police report indicate a cause for the search or the arrest before the discovery of all the dope??

And didn't we go over this to death in a prior thread all ready?

- Carl

they got me for sales 11379 and 11378 transporting when they asked the cop why he when thrue my car he said inventoty check for my arrest for expired tags

 

[mikedomes]

So you consider transporting a half a pound of meth for someone a favor huh?

Well the fact that you would haul this large quantity of meth around in a vehicle that has an expired registration, makes it quite obvious that thinking is not your strong suit, so I thought I'd explain a few things so you don't make this kind of mistake again when you are eventually released from custody.

First, let's go over the rules of doing someone a favor. Rule number one, the favor should never require you to break the law because breaking the law can get you thrown in jail and going to jail is not something you should be rewarded with, for having done someone a favor.
Rule two, a favor is something you don't charge someone for doing and you do not receive a profit of any kind for agreeing to do a favor. You do the favor because it is not really a inconvenience for you to do it. This also works the other way around. The favor should not cost you money or become an inconvenience to you and you should not have to accept any considerable responsibility for agreeing to a favor. In fact, it is something you should try to do, but if you can't or decide not to, it's no big deal.
An example would be your neighbor sees you are going to the grocery store, so he/she asks you to pick them up a gallon of milk while you are there. They hand you the money and you agree to do this. This would be a favor!

Now if this same neighbor sees you are going on a hunting trip and asks you to bring his wife along so you can shoot her because she has become more trouble than she's worth and you agree to do this, this would not be a favor, this would be murder! It is illegal and will get you put in jail. Again, this is not a favor!

So lets review,,, Milk, yes,,,, Murder No!

Now, if you are easily confused and not always clear on what would be considered a favor, I will provide you with a rule of thumb on how to conduct yourself, so that in most cases, you will avoid legal problems. This is very important and works very well at keeping you out of trouble with the law. If nothing else sinks in, you'll still make out OK in most situations as long as you always follow this rule:
NEVER BREAK TWO LAWS AT THE SAME TIME.
This is really a simple concept and should be easy to remember.

Lets apply it to your situation and see how things could have turned out completely different had you followed this rule.

If you were driving a vehicle with an expired registration, you were breaking the law, but only one law. Anyone being pulled over for this, as happened in your case, would only receive a citation and maybe even get off with a warning, no matter where the officer searched. Hence, you would not have been arrested.

Now lets say you were hauling this meth in your trunk. This is breaking the law, so you do not break any other laws while this dangerous illegal drug is in your trunk. So if your registration was current, you obeyed all traffic laws and all of your lights, signals and vehicle equipment was in working order, you would not get pulled over and not be going to jail.

See how easy this is to do and how well it works at keeping you out of jail?

Good, do this from now on!

we all make mistakes who made you god.... dont judge me if your here advise me and thats it... or go pull out your nose hairs..

 

[outonbail]

we all make mistakes who made you god.... dont judge me if your here advise me and thats it... or go pull out your nose hairs..

I was advising you,,,, on a fairly simple rule you can try to abide by so you don't end up losing another friends party favorites when your back on the road again.

But I'll check out the nose hairs,,, just in case.

Hey, I got some more advice for you,,, next time, only order a quarter pound of meth and use the money you have left over to pay your registration! Huh, what do you think Mike? That's got to be a winner don't you think?

Oh, sorry, I forgot, you don't think,,,,

which is why you can claim that hauling around a half a pound of meth in a car with expired tags, is a mistake. How many other mistakes did you make when you had this contraband in your trunk? Oh yeah, you weren't wearing your seatbelt either were you? You know Mike, it looks as if your mistakes come in streaks of three.

Now, what was it you were really placed under arrest for? Driving under the influence, perhaps an outstanding warrant? Because we all know it has nothing to do with a seatbelt violation.
Or, did the officer not like your attitude and decide to tow your vehicle for having an expired registration? Which of course lead to the officer doing an inventory of the vehicle's contents to include on the 180 for the tow company. Did he write half pound of meth on the 180? If he did the tow company is responsible for all your property you know,,,, you might check it out,,,

 

[CdwJava]

they got me for sales 11379 and 11378 transporting when they asked the cop why he when thrue my car he said inventoty check for my arrest for expired tags

If that's true, and that is all the state has to hang it's hat on, your attorney should win a suppression hearing handily. An infraction can NOT result in a custodial arrest. So, unless everyone involved are complete morons and have not picked this up, there must be some other reason he impounded the car.

Were there registration false tabs on the car?

Did you have a valid license in CA?

Were you on probation or parole?

Did you have a warrant?

There has to be some reason you were popped, and only a moron cop and a bigger moron DA would let an "arrest" for an infraction stand as good cause to conduct a search.

- Carl

 

[moburkes]

Outonbail...HILARIOUS! Too funny!

OP, you did make LOTS of mistakes. LOTS. Never be a criminal again. You're not good at it. If I was in your shoes, I'd have taken the deal.

 

[moburkes]

'Twas me. Not ashamed of it.

And, my next post would have been to remind OP that in his previous thread he said that he tags were expired by 2 days, then no more than 2 days, then around 2 days, and now its 1 day. He needs to learn to lie better. Better yet, give up the criminal activity completely because he is HORRIBLE at it.