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I was illegally searched and arrested

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jemarxii

Junior Member
What is the name of your state?
  • California
  • police responding to a call of a suspicious person(cop A)
  • a suspicious person sitting in his truck(cop B)
  • suspicious person working on his truck(cop A)
  • was doing none of these 1. Ive been a daily visitor at my girlfriends apt. for two years. 2. was hooking up an air hose to the compressor in back of my truck to fill tire of girlfriends mercedes parked next to me.
  • Cops A & B both in cop car drove past me without hesitation Cop A(passenger) yelled "How ya doin Bro?" and nodded as they drove past.
  • I looked up and nodded back.
  • began filling tire and unit had returned and pulled over in front of both vehicles
  • I thought nothing of it as I'm no longer on probation or searchnseizure, and was doing something normal in a normal place where I was known by all neighbors and it was broad daylight
  • Apparently the air hose I was holding in my hands wasn't a weapon but they were concerned for their safety and asked if they could search me for weapons
  • Cop A and B said ' search for weapons ' in unison.
  • I'd already provided ID and that and my vehicle had come back clear
  • apparently if you're filling a tire with air you must have been a felon as I was asked if I had been arrested or not
  • Just pat you down and check you for weapons
  • I said ya you can pat me down
  • I heard ' what's this '? Iooked down to see him feeling his fingers over a small lump in my change pocket
  • His finger began to dig into the pocket and I moved my hand down and put it on his finger and didn't grip his finger. I only kept my hand flat and against his hand
  • this was apparently a weapon or something that put the officer in danger as I was then asked to place my hands behind me
  • I cooperated and told him he did not have permission to go into my pockets
  • He went in and pulled out a folded up piece of cig. pkg. foil he hadn't expected it to be pot
  • I said it's just a little pot
  • its mine and it's private
  • He then emptied all of my pockets and found a similarly wrapped foil containing amphetamine
  • Do I not have the right to have personal privat property on me that is only my business.
  • this was private from my child, my girlfriends neighbors, from my employer,etc.
  • I have a drug problem but that's my business and my secret and my private life.
  • I go to work every day
  • I sleep and eat every night
  • I maintain a productive life and I am reguarded as a helpful,friendly person.
  • It could have been a 20 dollar bill a phone number, or bat guana but it was mine and I was not a threat to them
  • what are my chances that this will be thrown out as an illegal search?
    this already cost me a days work, 500$bail, nearly lost my job and not to mention 24 hrs in a holding tank on a cold cement floor( I'm sure Ill be charged for staying at their motel,too)
    I attend aa na and have graduated from one year of drug court. I have one prior.

 
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A

absconder

Guest
Get a lawyer dude. If this is your second strike they can double your sentence.Dont ever carry drugs on you man HIDE them as if you didnt want your girl friend to see another girls phone #.
 

panzertanker

Senior Member
jemarxii said:
[*]I said ya you can pat me down
I believe that carl is going to tell you that you are SOL, Sh*t out of luck...
You gave permission to be patted down, therefore anything they find is fair game; as I understand it.

Carl?
 

CdwJava

Senior Member
Yep ... consent makes the search valid - at least the pat-down for weapons. If the officer can successfully articulate why he believed he felt something that either felt like a weapon or packaged drugs, the drugs will likely be admissable.

However! It is not generally reasonable to assume that a small lump in the pocket (consistent with wadded paper, foil, or even a bindle) is drugs ... without other considerations. But, a trained officer can attempt to articulate why he believed that the lump he felt was consistent with packaged drugs ... and since virtually NOBODY stores anything in the change pocket except drugs, he has a good chance of winning.

Also, were you exhibiting any signs of intoxication? Had you smoked any dope or taken any meth. some time before the contact? Exhibiting signs of being under the influence would change the whole scenario.

Apparently the NA didn't take. And your drug problem is NOT a private problem - it is against the law.

Speak to your attorney and see what he has to say about the search.

- Carl
 

panzertanker

Senior Member
CdwJava said:
Yep ... consent makes the search valid - at least the pat-down for weapons. If the officer can successfully articulate why he believed he felt something that either felt like a weapon or packaged drugs, the drugs will likely be admissable.

However! It is not generally reasonable to assume that a small lump in the pocket (consistent with wadded paper, foil, or even a bindle) is drugs ... without other considerations. But, a trained officer can attempt to articulate why he believed that the lump he felt was consistent with packaged drugs ... and since virtually NOBODY stores anything in the change pocket except drugs, he has a good chance of winning.

Also, were you exhibiting any signs of intoxication? Had you smoked any dope or taken any meth. some time before the contact? Exhibiting signs of being under the influence would change the whole scenario.

Apparently the NA didn't take. And your drug problem is NOT a private problem - it is against the law.

Speak to your attorney and see what he has to say about the search.

- Carl
I thought so.

Can't/won't the officer just state; "I was having the person remove everything from their pockets, for my safety, and found this foil wrapped package. With my advanced training in drug paraphernalia I immediately recognized it as drugs (or something along those lines)."?

OP, you messed up when you gave consent.

Carl, what would happen if OP just said no to pat down? Assuming he was not exhibiting signs of being under the influence of any drugs/alcohol.

OP, go to NA/AA more frequently and get a new sponsor. Drugs are illegal, a drain on our society and therefore NOT your "private business"!
 

CdwJava

Senior Member
panzertanker said:
Can't/won't the officer just state; "I was having the person remove everything from their pockets, for my safety, and found this foil wrapped package. With my advanced training in drug paraphernalia I immediately recognized it as drugs (or something along those lines)."?
He might ... but, then all the defense would need to do is bring out a POST-certified defense tactics instructor who could testify that this is NOT how we are trained to deal with potentially armed subjects.

We don't WANT their hands in their pockets if that's where the weapons are.

The argument might work ... but it would be bootstrapping.


Carl, what would happen if OP just said no to pat down? Assuming he was not exhibiting signs of being under the influence of any drugs/alcohol.
We don't need consent for a pat down (a cursory search for weapons), only very little articulable cause. Finding the dope by feel in this circumstances is weak ... but, the argument has had success so it will really depend on how the officer says he identified it as contraband.


- Carl
 

jemarxii

Junior Member
maybe your a nor cal cop sargeant and i know how you guys gotta stick together.....these cops ...ok one cop was a dick. He was bored and i was the only one in the immediate area to **** with. I don't care to be harrased and submitted to a search and first be placed in handcuffs before reaching in to pull out a joints worth of pot. I was tired from working all day. I build homes and work my ass off. I don't just ride around in cars eating donuts and look for somebody's life to **** up. I was not suspicious to anyone who lived there...only a retarded person would not know that I was only trying to fill up a low (nearly flat)tire as i was holding the air hose ...i was injecting the air into the valve...it was daylight...I wasnt TWEEKIN...I was ready for dinner and bed. I have the right to skeletons and personal drug use. this is called a private life...it's not for sale to share or to push in any way onto others as to be THEIR drug problem. it's mine ..my private problem..This is the first thing that the federal and state constitutions lay out clearly as protected and must not be violated. If im not on formal or informal prob., parole or under the influence i can have what ever my warped mind wants whether you approve of it or not. If I want to carry around my toenails in a plastic bindle in my change pocket, I have the right to do so without being put into handcuffs and having the toenails be pulled from my pockets and laid out on the hood of the car for everyone to see. It was my private thing in my private life. That is my right to do. I shouldn't have to worry that any private matter in my life will be forcibly displayed by the young, short, dork of a rookie cop who has no reguard for a good persons name.
I guess you guys DON"T all stick too much together. I was transported with the shot man's complex cop and another who pulled up later.. they went back and forth the whole way to auburn laughing with each other about the other cop. I found it to be very unprofessional and lacking class.
 
O

OhBullship

Guest
jemarxii said:
I was not suspicious to anyone who lived there....
Someone made a call about a suspicious person. It doesn't matter what the people who live there think of you, the police were investigating a call.


jemarxii said:
I have the right to skeletons and personal drug use.
No, you don't. You are allowed a private life but there is no 'right' to use drugs, or commit any other type of crime.


jemarxii said:
this is called a private life...it's not for sale to share or to push in any way onto others as to be THEIR drug problem.
This is called illegal. It doesn't matter that you don't want to share it, it is illegal to have it and use it.

jemarxii said:
This is the first thing that the federal and state constitutions lay out clearly as protected and must not be violated. If im not on formal or informal prob., parole or under the influence i can have what ever my warped mind wants whether you approve of it or not.
Wrong again, and it doesn't matter what 'we' think, you broke the law. It also doesn't matter what 'rights' you imagine you have, you are limited to the rights the rest of us are.

jemarxii said:
If I want to carry around my toenails in a plastic bindle in my change pocket, I have the right to do so without being put into handcuffs and having the toenails be pulled from my pockets and laid out on the hood of the car for everyone to see.
You would have been much better off if you had been keeping toenail clippings in your pocket, that would not have been illegal.
 

CdwJava

Senior Member
jemarxii said:
He was bored and i was the only one in the immediate area to **** with.
And you KNOW this, how? Oh ... wait ... you're just guessing because YOU see no reason he might have stopped you.

Well, your attorney can move for an unlawful detention if you want. Good luck with that.


I don't just ride around in cars eating donuts and look for somebody's life to **** up.
Neither do I. If I see someone like that, I'll let you know.


I was not suspicious to anyone who lived there...only a retarded person would not know that I was only trying to fill up a low (nearly flat)tire as i was holding the air hose ...i was injecting the air into the valve...it was daylight...I wasnt TWEEKIN...I was ready for dinner and bed.
Again, you have no idea what anyone else might really think. The officers responded to a call, saw you, decided to contact you, asked for permission to search and it was granted.

If they found the dope while conducting a pat-down, it's likely to get tossed. If they found it as a result of a consent search it's likely to be good enough to get you popped.


I have the right to skeletons and personal drug use.
Legally? No, you do not have a right to the use or possession of illegal drugs.


this is called a private life...it's not for sale to share or to push in any way onto others as to be THEIR drug problem. it's mine ..my private problem..
And in CA it is also the state's problem. Last time I checked your personal use and possession was illegal. However, you're lucky, thanks to Prop. 36 you get a couple free passes.


If im not on formal or informal prob., parole or under the influence i can have what ever my warped mind wants whether you approve of it or not.
What gives you THAT idea?


If I want to carry around my toenails in a plastic bindle in my change pocket,
That would be legal. But that wasn't the case, was it?


- Carl
 

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