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dragonflyjmr

Junior Member
What is the name of your state (only U.S. law)? WI

My daughter was pulled over for failure to wear seat belt on FEB 5 2010. The county officer said he smelled marijuana (the kids- over 18 insist to me that they were not smoking in the car but were intending to smoke it at a friends house so IDK how he smelled anything) and had her step out of car. She admitted to him that she was in possession of marijuana. She gave him the 1 gram bag and a broken glass pipe she had in the car and he put the gram it in his pants pocket and the broken pipe into the squad car, searched, cuffed her and put her in police car. I'd like to add here that she and the passengers in the car were never read their rights at any time or asked if they know their rights. One of the other passengers had less than a half a gram also and was also cuffed and put in squad car. They did not see where that bag was put. The last passenger in the car did not have any marijuana or paraphernalia but had 2 warrants for unpaid fines. She was also cuffed and put in a different squad car. By this time the original county officer and officers from two other small towns were at the scene. All 3 (including the two females in the car) were patted down by the male officer who originally pulled them over, one of the females was patted down without any other officers present. He ran his hands under their breasts as well as in their crotch area. The male and other female were patted down but the other two officers were present but in their squad cars. My daughter was in the car of the officer who put her gram in his pocket and never saw him remove it or put it in evidence envelopes. The 3 officers searched her car including her and the other female passengers purse while the kids (all 18 and over) waited in the patrol cars unable to see the search of their purses. My daughter and the other female asked if they could bring their purses and the officers put them in the front seat of the squad cars they were in. They were then transported to wood county police dept. where my daughter and the male passenger were "booked and released". When they got to the police station a female officer patted the two female passengers again. The girls were taken in and another officer brought their purses in shortly after and put them on a side counter. After my daughter was printed and photographed she walked out of the booking room and saw an officer putting things back in her purse after apparently researching it without her watching. The other females purse was also researched without her present and watching. My daughter then signed a paper to be released which had nothing to read on it except two lines for the officers signature and hers. The officer said it was so she could be released saying that she got her personal belongings back. She, being only 18, just signed it without checking her purse to make sure she had everything but nothing was stolen. She waited about 5 minuted for the officer to bring her the seat belt ticket. None of the kids were ever told what they were being charged with. She never received a ticket for possession or paraphernalia and hasn't received anything yet and nothing is on the county open records access online except her seat belt ticket. They never told them what and if they were being charged with anything and brought home no paperwork except the seat belt ticket. The female passenger who had no drugs or anything was told they had found a marijuana pipe in her purse (she insisted she had nothing to the officers and to myself). She was never shown this pipe or any other evidence. I believe she did not because she was very upset because she knows she had nothing and has no reason to lie as her parents would not have cared and she is unemployed so wasn't worried about loss of a job or anything. She was upset because the officers lied. None of the kids have received their court dated or tickets to this day. There are many things about the chain of events that concern me so I'd like to see your opinion of the arrests as a whole but also wonder when the kids will get their tickets because they don't even know if they are being charged or not and if so what for, especially the girl who was told she had a pipe she didn't have.

I know 2 of the kids had illegal substances and should be prosecuted and punished for their crimes but I also think the rights of citizens should be respected by the police and proper legal procedures should be followed. Failure to do so results in a general distrust and hatred of law enforcement which is a shame as the police should be there to serve and protect not scare and violate.

Thank you so much!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? WI

My daughter was pulled over for failure to wear seat belt on FEB 5 2010. The county officer said he smelled marijuana (the kids- over 18 insist to me that they were not smoking in the car but were intending to smoke it at a friends house so IDK how he smelled anything) and had her step out of car. She admitted to him that she was in possession of marijuana. She gave him the 1 gram bag and a broken glass pipe she had in the car and he put the gram it in his pants pocket and the broken pipe into the squad car, searched, cuffed her and put her in police car. I'd like to add here that she and the passengers in the car were never read their rights at any time or asked if they know their rights. One of the other passengers had less than a half a gram also and was also cuffed and put in squad car. They did not see where that bag was put. The last passenger in the car did not have any marijuana or paraphernalia but had 2 warrants for unpaid fines. She was also cuffed and put in a different squad car. By this time the original county officer and officers from two other small towns were at the scene. All 3 (including the two females in the car) were patted down by the male officer who originally pulled them over, one of the females was patted down without any other officers present. He ran his hands under their breasts as well as in their crotch area. The male and other female were patted down but the other two officers were present but in their squad cars. My daughter was in the car of the officer who put her gram in his pocket and never saw him remove it or put it in evidence envelopes. The 3 officers searched her car including her and the other female passengers purse while the kids (all 18 and over) waited in the patrol cars unable to see the search of their purses. My daughter and the other female asked if they could bring their purses and the officers put them in the front seat of the squad cars they were in. They were then transported to wood county police dept. where my daughter and the male passenger were "booked and released". When they got to the police station a female officer patted the two female passengers again. The girls were taken in and another officer brought their purses in shortly after and put them on a side counter. After my daughter was printed and photographed she walked out of the booking room and saw an officer putting things back in her purse after apparently researching it without her watching. The other females purse was also researched without her present and watching. My daughter then signed a paper to be released which had nothing to read on it except two lines for the officers signature and hers. The officer said it was so she could be released saying that she got her personal belongings back. She, being only 18, just signed it without checking her purse to make sure she had everything but nothing was stolen. She waited about 5 minuted for the officer to bring her the seat belt ticket. None of the kids were ever told what they were being charged with. She never received a ticket for possession or paraphernalia and hasn't received anything yet and nothing is on the county open records access online except her seat belt ticket. They never told them what and if they were being charged with anything and brought home no paperwork except the seat belt ticket. The female passenger who had no drugs or anything was told they had found a marijuana pipe in her purse (she insisted she had nothing to the officers and to myself). She was never shown this pipe or any other evidence. I believe she did not because she was very upset because she knows she had nothing and has no reason to lie as her parents would not have cared and she is unemployed so wasn't worried about loss of a job or anything. She was upset because the officers lied. None of the kids have received their court dated or tickets to this day. There are many things about the chain of events that concern me so I'd like to see your opinion of the arrests as a whole but also wonder when the kids will get their tickets because they don't even know if they are being charged or not and if so what for, especially the girl who was told she had a pipe she didn't have.

I know 2 of the kids had illegal substances and should be prosecuted and punished for their crimes but I also think the rights of citizens should be respected by the police and proper legal procedures should be followed. Failure to do so results in a general distrust and hatred of law enforcement which is a shame as the police should be there to serve and protect not scare and violate.

Thank you so much!

I guess you are not intelligent enough to read the TOS are you. Oh and TOS is not text-speak.:D

You want a lawyer ~ pay for it.

Come on...you said you were smart:rolleyes:
 
Last edited:

CdwJava

Senior Member
My daughter was pulled over for failure to wear seat belt on FEB 5 2010. The county officer said he smelled marijuana (the kids- over 18 insist to me that they were not smoking in the car but were intending to smoke it at a friends house so IDK how he smelled anything) and had her step out of car.
So, we have a good stop based upon no seatbelt. Then, upon contact, the officer smells marijuana. In legal parlance, unless Wisconsin specifically prohibits smell from being considered in the equation, this is called "probable cause. Due to the inherently mobile nature of vehicles, the courts (including the USSC) have generally approved of a field search of people and vehicles based upon probable cause and without a warrant. That odor was the probable cause necessary.

She admitted to him that she was in possession of marijuana.
Which pretty much made the search a no brainer and perfectly lawful.

I'd like to add here that she and the passengers in the car were never read their rights at any time or asked if they know their rights.
Very, very few arrests require Miranda. They are generally only required when a person is under arrest and done prior to interrogation. If interviewed absent Miranda and AFTER being arrested, and the statements are used as evidence against the suspects, the statements and resulting evidence might be challenged and suppressed.

All 3 (including the two females in the car) were patted down by the male officer who originally pulled them over, one of the females was patted down without any other officers present. He ran his hands under their breasts as well as in their crotch area.
Okay. Officers pat down suspects. Since you do not characterize this as a fondle or grope fest, I suspect you - and your daughter - acknowledge that it was, indeed, a pat down search. There is no law that requires that a female officer pat down a female. It is a good idea, but not usually practical.

The male and other female were patted down but the other two officers were present but in their squad cars. My daughter was in the car of the officer who put her gram in his pocket and never saw him remove it or put it in evidence envelopes.
Her not seeing it does not mean it did not happen.

If it is accounted for in the report, there ya go.

After my daughter was printed and photographed she walked out of the booking room and saw an officer putting things back in her purse after apparently researching it without her watching.
No law requires her to be watching the search of her purse.

She never received a ticket for possession or paraphernalia and hasn't received anything yet and nothing is on the county open records access online except her seat belt ticket.
It is likely that the report is moving through the system. It may be coming down the pipe, or maybe the drug guys are looking at it to see if they can turn anyone and use them for help in some buys.

Of course, maybe they are inordinately lucky and will not be charged.

Failure to do so results in a general distrust and hatred of law enforcement which is a shame as the police should be there to serve and protect not scare and violate.
I am not seeing any obvious malfeasance here.

If you feel the officers were out of line, you can support your adult daughter when she makes a complaint to the agency. You can also help her pay for an attorney who can review all the documents to see if anything is out of whack.
 

Isis1

Senior Member
So, we have a good stop based upon no seatbelt. Then, upon contact, the officer smells marijuana. In legal parlance, unless Wisconsin specifically prohibits smell from being considered in the equation, this is called "probable cause. Due to the inherently mobile nature of vehicles, the courts (including the USSC) have generally approved of a field search of people and vehicles based upon probable cause and without a warrant. That odor was the probable cause necessary.


Which pretty much made the search a no brainer and perfectly lawful.


Very, very few arrests require Miranda. They are generally only required when a person is under arrest and done prior to interrogation. If interviewed absent Miranda and AFTER being arrested, and the statements are used as evidence against the suspects, the statements and resulting evidence might be challenged and suppressed.


Okay. Officers pat down suspects. Since you do not characterize this as a fondle or grope fest, I suspect you - and your daughter - acknowledge that it was, indeed, a pat down search. There is no law that requires that a female officer pat down a female. It is a good idea, but not usually practical.


Her not seeing it does not mean it did not happen.

If it is accounted for in the report, there ya go.


No law requires her to be watching the search of her purse.


It is likely that the report is moving through the system. It may be coming down the pipe, or maybe the drug guys are looking at it to see if they can turn anyone and use them for help in some buys.

Of course, maybe they are inordinately lucky and will not be charged.


I am not seeing any obvious malfeasance here.

If you feel the officers were out of line, you can support your adult daughter when she makes a complaint to the agency. You can also help her pay for an attorney who can review all the documents to see if anything is out of whack.
she said lawyer!! you aren't a lawyer carl!! :p:p:D
 

Banned_Princess

Senior Member
And Thank You Carl, for breaking that ridiculous rant down to legible, easy to read portions!

:D:D:D


And as always, even though you are not a lawyer, you are exactly right on!


Cheers Sir :)
 

justalayman

Senior Member
AT least he was polite and gave some things for her to check into. Also, your replied too didn't you?
he didn't say anything I didn't tell you other than saying if you want to hold the girls hand while she files a complaint with the police, have at it.
Bottom line that he told you which is the same as I told you:

nothing wrong with what happened as seen from your relation of the facts.


geesh:rolleyes:
 

dragonflyjmr

Junior Member
Thank You

So, we have a good stop based upon no seatbelt. Then, upon contact, the officer smells marijuana. In legal parlance, unless Wisconsin specifically prohibits smell from being considered in the equation, this is called "probable cause. Due to the inherently mobile nature of vehicles, the courts (including the USSC) have generally approved of a field search of people and vehicles based upon probable cause and without a warrant. That odor was the probable cause necessary.


Which pretty much made the search a no brainer and perfectly lawful.


Very, very few arrests require Miranda. They are generally only required when a person is under arrest and done prior to interrogation. If interviewed absent Miranda and AFTER being arrested, and the statements are used as evidence against the suspects, the statements and resulting evidence might be challenged and suppressed.


Okay. Officers pat down suspects. Since you do not characterize this as a fondle or grope fest, I suspect you - and your daughter - acknowledge that it was, indeed, a pat down search. There is no law that requires that a female officer pat down a female. It is a good idea, but not usually practical.


Her not seeing it does not mean it did not happen.

If it is accounted for in the report, there ya go.


No law requires her to be watching the search of her purse.


It is likely that the report is moving through the system. It may be coming down the pipe, or maybe the drug guys are looking at it to see if they can turn anyone and use them for help in some buys.

Of course, maybe they are inordinately lucky and will not be charged.


I am not seeing any obvious malfeasance here.

If you feel the officers were out of line, you can support your adult daughter when she makes a complaint to the agency. You can also help her pay for an attorney who can review all the documents to see if anything is out of whack.

Your information is pretty much what I thought but wanted to get other opinions because I just wasn't sure. I've never been arrested so have no idea what legal procedures are required by officers when they arrest someone. We have been unable to get a copy of the police report. It is like it never happened, which I don't understand. My daughter does have a request filed with the Police Chief requesting a copy and asking why there is none. She called this A.M. so I do hope she gets some answers tomorrow while she's home on spring break.

Thank you so much!
 

Isis1

Senior Member
Your information is pretty much what I thought but wanted to get other opinions because I just wasn't sure. I've never been arrested so have no idea what legal procedures are required by officers when they arrest someone. We have been unable to get a copy of the police report. It is like it never happened, which I don't understand. My daughter does have a request filed with the Police Chief requesting a copy and asking why there is none. She called this A.M. so I do hope she gets some answers tomorrow while she's home on spring break.

Thank you so much!
cuz the officer hasn't finished writting up the report yet. cuz she's probably not the only pothead he ran into that day.
 

Banned_Princess

Senior Member
I don't get it, there is a record of her being arrested, and I assume she was released with a court date. It will all be available on that day. I really doubt the police are going to leave themselves open by arresting and booking someone on a seatbelt violation.


Are you upset the cop stole her pot?

She should just conceder herself lucky she wasn't charged with possession, yet.
 

GotSmart

Member
I can smell unburned Marijuana 20 feet away. :D Most of the time it smells like a skunk. :cool:

It looks like the cops gave the kids a break, and they will not have drug charges on them.

They did go to the Jail, and got the fear of the law put into them.

If I were you I would count my blessings.

I have friends that are officers, and sometimes they give stupid kids a break, rather than have something hanging over their heads all their lives. Would you rather all the kids are ineligible for Student assistance? (One gram of pot will do this!)

OH, I am not a lawyer, but a parent that has extensive experience with life. Stop babying your kid. She might grow up faster and stop putting herself in situations where she can ruin her future.
 

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