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Possesion of Marijuana

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AdrianB

Guest
Me and four other friends were driving down the road. We passed a police radar site (our radar detector alerted us) and slowed down. We were aware of the police having a radar site there before we even got into the car so we were slow the whole time. A police car followed us and eventually pulled us over. He asked the driver for his license and he handed him an expired, suspended license. The police officer went to his car and returned and asked the driver to step out of the car. Two more officers arrived (possibly three). One cop went to the passenger side and asked one of my friends (J) to get out. The cop shined the flashlight into his face and asked how he was doing. He asked his name and birthday but because he was nervous he hesitated for a moment before answering. The cop instructed him to stand in front of the car because he hesitated. The cop then instructed me to "slide on out" and patted me down. Started searching the truck, opening backpacks, glove boxes, sifting through everything. They found a pouch inside the backpack which contained a marijuana pipe. They searched everyone, placed the driver in cuffs and asked who owned the pipe. I took blame for it. They had me remove my shoes and searched me. They then handcuffed me. I found them to be very sloppy in the entire procedure. They didn't read my rights when they searched and cuffed me (I'm a minor also). The cop grabbed my friend by the shirt and pulled him. They were rude also. My question is did they have a right to search like that? They claimed because they saw a .22 bullet they were looking for a gun. It was there because the driver hunted and left the bullet there. We also don't know why we were pulled over. I was allowed to leave and was charged with possession and my pipe was taken away. Should I pay the fine or contest it?
 


HomeGuru

Senior Member
By all means contest it on the basis that you were too stoned and forgot to leave the pipe home with the rest of your stash.
Or pay the fine under the condition that you get your pipe back.
 

calatty

Senior Member
Depends. If the officers had no legal reason to stop the car, then the stop and the ensuing search may have been illegal. If they did have a good reason, or made one up, then the search was legal as a valid search incident to the valid arrest of the driver. You have to read the police report to find out what they claim. The police are not required to, and generally don't, read you your rights unless they have you in custody and are about to question you to obtain incriminating statements from you. It is always a good idea to have a lawyer look over your case before you incur any kind of drug conviction that will stay on your record forever.
 

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