what will happen to me?

[kristenlowe]

Me and a friend got pulled over in San Bernadino, ca about a month ago. The cop asked for my license and insurance so I gave it to him. Everything checked out good and handed me back my license. As I was making my way back to car he then says, but i want to search because you and your friend had conflicting stories. He asked me to consent to search and I said yes. Then he put me and my friend in the back of the cop car and proceeded to search. He found a gun and 5 pounds of meth in the trunk. The car I was driving is not in my name either. I have never been in trouble in my life. and i do have a permit to carry a firearm but the gun was not registered to me. My passengers case was recently dismissed because there was nothing tying him to anything in the car, and they said the reason for search was cause our stories were conflicting but they were not. I have not yet went to court. and the reason they said why they pulled us over was because we were following to close. But my friend who got dismissed said his lawyer told him the cops got a tip. What will more then likely happen to me?

 

[CdwJava]

You gave your consent to search the car.

Consult legal counsel immediately.

A gun and five POUNDS of meth?!? Holy Hannah! After the state gets done with you, the feds might take this over. You face many years in prison.

- Carl

 

[Antigone*]

Me and a friend got pulled over in San Bernadino, ca about a month ago. The cop asked for my license and insurance so I gave it to him. Everything checked out good and handed me back my license. As I was making my way back to car he then says, but i want to search because you and your friend had conflicting stories. He asked me to consent to search and I said yes. Then he put me and my friend in the back of the cop car and proceeded to search. He found a gun and 5 pounds of meth in the trunk. The car I was driving is not in my name either. I have never been in trouble in my life. and i do have a permit to carry a firearm but the gun was not registered to me. My passengers case was recently dismissed because there was nothing tying him to anything in the car, and they said the reason for search was cause our stories were conflicting but they were not. I have not yet went to court, What will happen to me?

Five pounds??? I hope you have a good attorney. You are going to need one.

 

[emilydawn05]

What were you pulled over for in the first place? And is it normal in California for an officer to ask the driver and passengers to step out of the vehicle for questioning during a routine traffic stop? Something seems fishy to me...I've been pulled over numerous times and have never been asked to step out of the vehicle. Also, if the car is not in your name, whose was it and is the owner facing any charges?

 

[CdwJava]

What were you pulled over for in the first place? And is it normal in California for an officer to ask the driver and passengers to step out of the vehicle for questioning during a routine traffic stop?

Routine? No. But we don't know that's what happened. It could be that the driver was brought out to the car and the passenger was interviewed while still in the car. Who knows?

There are perfectly lawful reasons that an officer might request a driver and a passenger to step out of a car.

Something seems fishy to me...I've been pulled over numerous times and have never been asked to step out of the vehicle. Also, if the car is not in your name, whose was it and is the owner facing any charges?

It could be that they had a tip that the driver was transporting dope. And why would the owner of the car be charged with a crime? The owner wasn't there. Unless they can show that the dope belonged to the owner of the car, it might be a tough case to make. Likewise, it might be tough to tie the OP to the dope in the trunk. I would assume that they have figured out some way to tie the dope to the OP ... maybe the passenger got a free pass because he offered to roll on his pal the OP.

There are a whole bunch of "maybe" situations we can add in here. The bottom line is going to be whether (a) the stop was made with reasonable suspicion, (b) a search was made based upon valid consent or probable cause, and, (c) the state can tie the dope (and the gun for a possible enhancement) to the driver.

- Carl

 

[smutlydog]

Me and a friend got pulled over in San Bernadino, ca about a month ago. The cop asked for my license and insurance so I gave it to him. Everything checked out good and handed me back my license. As I was making my way back to car he then says, but i want to search because you and your friend had conflicting stories. He asked me to consent to search and I said yes. Then he put me and my friend in the back of the cop car and proceeded to search. He found a gun and 5 pounds of meth in the trunk. The car I was driving is not in my name either. I have never been in trouble in my life. and i do have a permit to carry a firearm but the gun was not registered to me. My passengers case was recently dismissed because there was nothing tying him to anything in the car, and they said the reason for search was cause our stories were conflicting but they were not. I have not yet went to court. and the reason they said why they pulled us over was because we were following to close. But my friend who got dismissed said his lawyer told him the cops got a tip. What will more then likely happen to me?

What will more then likely happen to me?

The state will probably drop charges or never file this case. This case will probably be referred to the US attorney's office in your area. . This could happen within a few months or even possibly a few years. It's hard to say. With a case like this others are probably involved so they may want to build these other cases before they go forward with your case.
The last one to roll over gets the worst deal and the first one gets the best deal. With cases like this everyone rolls over on each other from the top down or the other way around. That's because the penalties are so stiff. You better hope something is technically wrong with this case

If a US attorney files this case then its probably going all the way through. They usually only take strong cases.

 

[kjizzle]

Why would one consent to a search knowing the police will find drugs and firearms in the vehicle?

 

[CdwJava]

Why would one consent to a search knowing the police will find drugs and firearms in the vehicle?

Because they are stupid? High? Hoping the cops will not search? A lack of knowledge that they could refuse?

There could be many reasons. People frequently consent to a search even when they're holding. I suspect it has something to do with damage to brain cells ...

- Carl

 

[cyjeff]

Because they are stupid? High? Hoping the cops will not search? A lack of knowledge that they could refuse?

There could be many reasons. People frequently consent to a search even when they're holding. I suspect it has something to do with damage to brain cells ...

- Carl

yeah... but when you are transporting enough meth to effect the car's gas mileage, it gives you pause.

You would think "don't let the cops search when you are carrying POUNDS of drugs" would have been covered in the "Mule's Guide to Successful Smuggling".

 

[CdwJava]

yeah... but when you are transporting enough meth to effect the car's gas mileage, it gives you pause.

You would think "don't let the cops search when you are carrying POUNDS of drugs" would have been covered in the "Mule's Guide to Successful Smuggling".

You would think!

Heck, last year I got a "Sure, go ahead," when I asked to pat a kid dowwn and he had a loaded .357 in his rear waistband!

Dopers? well, I could tell stories that would make your mouth fall agape for a week ... I'm not at all surprised that he might say yes.

Also, the thinking in some circles is: "He's gonna search anyway ... so, if I agree to the search I can always argue I didn't know the dope was there! yeah! I mean, why would I be so stupid as to consent to a search! Yep, that'll work!"

- Carl

 

[InsaneJane]

I have a hard time beleiving that the OP got caught with 5 lbs of Meth in his trunk and now he is home writting about it on the internet.
Doesn't this sound a little ODD.

 

[CdwJava]

I have a hard time beleiving that the OP got caught with 5 lbs of Meth in his trunk and now he is home writting about it on the internet.
Doesn't this sound a little ODD.

It depends on the specific offenses charged, but he could make bail ... I'm not sure what the bail might be, but it's not in the stratosphere. Unless the agency put an enhancement on the bail, possession for sales is possession for sales whether it's a gram or 5 lbs. Now, at 5 lbs., I likely would have sough an enhancement because of the likelihood that there is some big money flying around. On the other hand, maybe they WANTED him to get out ...


- Carl

 

[cetiya]

but if you refuse a search, do the police then say, oh well, never mind then? cant they get permission if they feel they need too? maybe people feel refusing wont get them very far.

 

[CdwJava]

but if you refuse a search, do the police then say, oh well, never mind then? cant they get permission if they feel they need too? maybe people feel refusing wont get them very far.

If they do not exercise that right, then they will likely lose at a suppression motion later on. Unless the circumstances are such that a reasonable person would not feel they could refuse (such as four burly cops standing over you smacking their batons in the palms), then you have the right to refuse. One can always argue they felt they had no choice, but that will be a burden the defense will have to meet.

- Carl