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illegal stop, search and seizure (?)

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DanManK

Junior Member
What is the name of your state? Mississippi

go to college in New Orleans and my family lives in Atlanta. I was en route back home when in mississippi on an interstate that had 2 lanes in each direction. I passed a stopped officer, I was not speeding, he pulled behind me. Got very close to my bumper so I got in the right lane allowing him to pass. I then resumed my trip in the left lane. Ahead of me he got in the right lane and since my lane was traveling faster I eventually caught up to him and passed. He then pulls out behind me again and pulls me over. Once pulled over he said that he pulled me over for 'staying in the left lane for more than a mile when not passing.' But here is the real law for that http://www.mscode.com/free/statutes/63/003/0603.htm (here is the important part "(d) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.") I obviously wasnt going at less than normal speed because I was moving faster than the right lane. After that he asks me if I have any drugs in the car or dead bodies, etc. I say no. He then asks if he can search my car and I refuse consent. He gets a drug dog out of the back of his car and another officer arrives. The dog goes around my car several times and puts his legs up on my door because my drivers window was open. The officer rolls up the window and the dog goes around again this time scratches once at the gas tank (on the drivers side). The officer comes back to me and says that the dog alerted him and he is going to search my car. He starts searching and finds a marijuana joint in the passengers side of my car and a bag of marijuana in the trunk (less than 30 grams). I never admitted guilt or even addressed the fact that he pulled marijuana from my car. I simply told them Id have to speak with an attorney. My question is this, did they follow procedure? Since I was pulled over for a law that I didnt violate can I still be prosecuted? Is there a chance that I could beat this case with a good enough attorney? Are there any Mississippi attorneys that are suggested?
I contacted an attorney in Mississippi (Dustin Thomas) and he told me that the state court of appeals had just ruled on a case nearly identical to mine (someone pulled over for being in the left lane and they found controlled substances) and the case had been ruled in favor of the person possessing, does anyone know what case this is?
thanks
Daniel
 


DanManK

Junior Member
anyone care to help me out with this, If I understand it right since they had no probable cause to pull me over and detain me in the first place (seeing as I didnt violate the said law, if it even is a law) then all evidence gathered is inadmissable and my case will get thrown out
thanks
 
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seniorjudge

Guest
Cut this in half.

Use paragraphs.

Omit editorial comments.
 

LawGirl10

Member
Give the actual statute number the officer wrote on the ticket. You said you were on a highway with 2 lanes in each direction. The statute you cited applies to highways with 3 or more lanes. I want to see what the officer actually used for a citation.
 

DanManK

Junior Member
seniorjudge said:
Cut this in half.

Use paragraphs.

Omit editorial comments.
Look, if you do not want to help, that is fine. It seems the only interest that the senior board members have is to call everyone who posts on this forum a criminal, liar, and/or fool. Thats great and dandy if you want to make yourself feel like a more substantial person; great, you are a spectacular citizen. But for those of us who really are looking for help, which is what I thought this board was for, are only getting chastised for our situations.
Do not even begin to treat me like a criminal either. I have been cited for having a bag of dead plants; I am not a criminal. Fundamentally a crime is an action in which on party infringes upon the rights of another party. For example, a murder encroaches on one's right to life; a thief encroaches on somones right to own property. Possessing dead plants infringes on the rights of no one.
If I were to burn the dead plants from this bag and ingest the vapors, I am much less dangerous than a person under the influence of alcohol. Take a moment to think about the things some alcoholics do, fighting, beating, driving drunk and murdering people, that comes to my mind. A person who is 'stoned' is liable to be on the couch with a bag of cheetos in their hands, not a weapon.
Comparing marijuana to alcohol may be irrelevant but it allows one to put into perspective the 'actual dangers' associated with marijuana possession. If you even would like to begin saying that marijuana possession infringes MY rights, then you have lost your ideals and sight upon what actually exists and what is force fed to you through the stigmas of society.
If you want to claim that marijuana infringes on my rights and produces citizens that are 'useless' or 'lazy' then the government needs to take a stand and ban fast food. Cheeseburger possession kills exponentially more people each year than marijuana possession ever would, even if the so called 'drug' was legal.
I've been browsing threads on this board and all I ever run across is chastising posts from senior members when all people ask for is a little help. Ive seen people post on this board who actually think they are better than the other people. It is ridiculous. Whoever reads this and thinks that they are better than me, or anyone else who is just looking for a spot of help, I challenge you to carefully explain why I am truly a criminal. Put that in your pipe and smoke it.

And as for the highway lane laws, I didnt receive a citation for that. The only citation I received was for marijuana possession under thirty grams. The so called left lane law was the reason he pulled me over. I honestly do not think the statute exists, which would explain why I didnt recieve a citation for it.
 

HomeGuru

Senior Member
DanManK said:
Look, if you do not want to help, that is fine. It seems the only interest that the senior board members have is to call everyone who posts on this forum a criminal, liar, and/or fool.

**A: that is not true and I really resent that insinuation. I am a senior member and have not called you a criminal, liar and /or fool.
I will call you an idiot, a druggie and crazy though.
 

DanManK

Junior Member
HomeGuru said:
**A: that is not true and I really resent that insinuation. I am a senior member and have not called you a criminal, liar and /or fool.
I will call you an idiot, a druggie and crazy though.
I am definately not an idiot. I go to a top 50 university on a full tuition ride. Perhaps I am a little crazy but what really is crazy? Crazy is defined by the stigma and by society, so its really just arbitrary (I do not suffer from any mental illnesses, if that is what you are suggesting). What is a druggie? Do you have a cup of coffee ever? Do you eat chocolate/drink cocacola? Have you ever smoked a cigarrette? How about had a glass of wine? If you answer yes to any of the above you are as guilty as I am to being a 'druggie.' Nicotine, Caffiene, and Alcohol all carry powerful effects and are some of the most physically addictive drugs on the planet (as opposed to psychologically addictive or habit based, such as in the case of Marijuana). I do apoligize for generalizing; however, if one browses the Drug Charges forum it is hard to not notice the trend of condescending posts made primarily by senior members. The path of this thread has deviated but I think it is interesting where its going
 

stealth2

Under the Radar Member
The difference being that tobacco, Coca Cola and alcohol are legal. MJ is not.

As for seniorjudge's request of you - he's right. It's difficult to read a huge block of text, and your editorial comments add nothing to your situation besides make it more difficult to weed out what actually happened and what you're asking. I'm relatively sure that any professor at your "top 50 university" would send a paper straight back to you if you turned it in looking like one of your posts.

So if you want help, make it easier for people to help you and lose the attitude.
 
S

seniorjudge

Guest
seniorjudge said:
Cut this in half.

Use paragraphs.

Omit editorial comments.
"...Look, if you do not want to help, that is fine...."

This IS help!
 
S

seniorjudge

Guest
HomeGuru said:
**A: BUT IS IT TOP 50 UNIVERSITY HELP?
No, I went to a LOWER 10 university. Well...I mean I drove by it a couple of times.
 

ENASNI

Senior Member
Well

I was born in the 60's and my Dad went to Yale... does that count...? :D


This friggin Op hijacked another thread to bring the judge here for help.

The judge asked for a simple edit. and the man went Loco ...

What is happening to our simple friendly forum... :(


Oh I am sorry I just read that last comment I made and realized I must have gotten some contact high... :eek:


Did you hear that?
 
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