Pulled over for not having registration, somehow ended up getting searched.

[eerlikh]

I live in New Jersey.

I was driving home from my friends house when a cop pulls me over for not having a renewed registration and inspection.

After I open my window he asked me to step out of the car and said that he will call the canine unit unless I let him search my car. He specifically said he does not care about stems or leaves and was "looking for something else."

I let him search my car. He finds .5 grams of pot and arrests me.

What can I do? Plea bargain?

Has anyone tried to argue that being arrested for possession of pot is unconstitutional? This is insane, I'm being treated like a criminal for having a harmless plant, there has to be a way out of this mess...

 

[sandyclaus]

I live in New Jersey.

I was driving home from my friends house when a cop pulls me over for not having a renewed registration and inspection.

After I open my window he asked me to step out of the car and said that he will call the canine unit unless I let him search my car. He specifically said he does not care about stems or leaves and was "looking for something else."

I let him search my car. He finds .5 grams of pot and arrests me.

What can I do? Plea bargain?

Has anyone tried to argue that being arrested for possession of pot is unconstitutional? This is insane, I'm being treated like a criminal for having a harmless plant, there has to be a way out of this mess...

You can try to plea bargain. It may be your only chance at a decent outcome.

And pot is not considered such a harmless plant, and being arrested for possession of it is far from being unconstitutional. In your state, and by federal law, this harmless plant is still illegal.

Don't like the law? Complain to the lawmakers in your state.

 

[eerlikh]

You can try to plea bargain. It may be your only chance at a decent outcome.

And pot is not considered such a harmless plant, and being arrested for possession of it is far from being unconstitutional. In your state, and by federal law, this harmless plant is still illegal.

Don't like the law? Complain to the lawmakers in your state.

I will try to plea bargain. What do I do, ask for my original ticket for not having my inspection?

Complaining to the lawmaker will not help me. Although I will do that as well.

If my plea bargain fails, does the plant being harmless matter? Can I argue that because it is harmless the law is flawed because it is based on false science and evidence?

 

[eerlikh]

Also, can I claim that I'm being discriminated against because alcoholics and smokers don't have to deal with this type of unfair/unjust treatment?

 

[Ohiogal]

I will try to plea bargain. What do I do, ask for my original ticket for not having my inspection?

Complaining to the lawmaker will not help me. Although I will do that as well.

If my plea bargain fails, does the plant being harmless matter? Can I argue that because it is harmless the law is flawed because it is based on false science and evidence?

Your argument that the law is flawed will fail. The plant is NOT harmless -- it can cause harm. You consented to the search therefore you can't argue the search was unconstitutional. You also were breaking the law and are supposed to follow the laws -- regardless of how flawed you believe they are.

 

[swalsh411]

He specifically said he does not care about stems or leaves and was "looking for something else."

Cops lie.

I let him search my car. He finds .5 grams of pot and arrests me.

So you knew you had something illegal in your car, gave permission for a search, and wonder why you were arrested?

 

[OHRoadwarrior]

You are not a very sharp crayon. I suggest you move to one of the western states where recreational use is legal. You are not going to be creating groundbreaking case law for NJ. Hire a lawyer and attempt diversion. This can screw up the rest of your life.

 

[You Are Guilty]

People like the OP are the reason criminal defense lawyers drive Mercedes.

 

[davew128]

Also, can I claim that I'm being discriminated against because alcoholics and smokers don't have to deal with this type of unfair/unjust treatment?

You are being discriminated against. Just not illegally so. I'd also point out that an alcoholic behind the wheel is just as likely to get searched if the smell of booze is present when they get pulled over.

 

[justalayman]

The only possibility I can see is an argument the search was not consensual. Most likely the op won't win with thy argument, if the cop actually intended on bringing the dog (which also could have its own defenses if the detention was beyond "reasonable") but a consensual search must be just that. Allowing a search under threat of an action is not consensual. If the consent can get tossed, the the cop would have to be able to articulate PC for the search.

 

[eerlikh]

You are not a very sharp crayon. I suggest you move to one of the western states where recreational use is legal. You are not going to be creating groundbreaking case law for NJ. Hire a lawyer and attempt diversion. This can screw up the rest of your life.

What do you mean it can screw up my life? I can have a permanent criminal record for a disorderly persons charge?

Can I stall this case until the state is no longer interested in prosecuting me?

Can I keep adjourning the court date?

If I move to another state, will the NJ transgression follow me around? Can I simply not pay the fine and move away?

I was thinking about moving anyways, maybe this is a sign...

 

[eerlikh]

Also, what happens if I go to court and just say nothing, will they force me into jail?

 

[eerlikh]

The only possibility I can see is an argument the search was not consensual. Most likely the op won't win with thy argument, if the cop actually intended on bringing the dog (which also could have its own defenses if the detention was beyond "reasonable") but a consensual search must be just that. Allowing a search under threat of an action is not consensual. If the consent can get tossed, the the cop would have to be able to articulate PC for the search.

Yeah, he basically threatened to bring a dog if I didn't agree and then on top of the asked me to acknowledge that I wasn't coerced into the search, but I completely felt coerced into accepting the search because he gave me a terrible two choice ultimatum with consequences and threatened to tow my car because the inspection sticker wasn't up to date.

(obviously the threat was veiled.)

And after all of this he tried to act like he was a magnanimous person for not towing my car...

 

[eerlikh]

Your argument that the law is flawed will fail. The plant is NOT harmless -- it can cause harm. You consented to the search therefore you can't argue the search was unconstitutional. You also were breaking the law and are supposed to follow the laws -- regardless of how flawed you believe they are.

Where is the justice though?

What the point of laws that no one follows? I heard people say that only 8% of Americans use drugs, that's probably not true, almost everyone I know tried pot or some type of drug. Can I possibly use the 9th amendment to say that it is my fundamental right to use whatever herb I please as long as it is not harmful to me or anyone?

I smoked for 5 years, I started when I was 19 and it helped me deal with a lot of my issues. Made me more social. Improved my eating habits. (I don't experience hunger unless I'm high or haven't eaten in days.) Made me more creative. (I'm a graphic designer.)


Reading about the ninth amendment right now, here is the link:
http://www.alternet.org/story/50404/the_'silent'_ninth_amendment_gives_americans_rights_they_don't_know_they_have


-----

I'm pretty sure with this arrest I'm over my pot phase. I'm not even in the mood to talk to people and I've been contemplating suicide, this whole ordeal made me so depressed I'm actually considering straight up moving to another country.

 

[Silverplum]

You know shockingly little about your government.

The answer to all of your stalling, running, and other silly questions on how to avoid the trouble you are already in is no.