washington state laws

angelrenee · Mar 14, 2007

What is the name of your state? Washington. I have a question about a traffic stop. Can I fight in court that I was intimidated (he told me to get out of my car and asked to search the car two times) by the police officer when he asked to search my, did so, and found a meth pipe in the ashtray, which was closed. I had nothing to hide and did not know about the pipe in the ashtray so I consented to it (the search) After that they arrested my son (he admitted the pipe was his) and are charging him with possession of the pipe with meth in it. What can I do?

racer72 · Mar 14, 2007

Hire your son an attorney. You consented to the search, it was legal. If you had denied the search, you very likely would have been arrested and the search would have happened anyway.

fairisfair · Mar 14, 2007

okay am I the only one here disgusted by the thought of a MOTHER and SON driving around town with a meth pipe?? Doing drugs with your kids. REVOLTING.

oh, yeah yeah yeah, it was his, you didn't know it was there, in the frigging ASHTRAY??

xylene · Mar 14, 2007

racer72 said:
If you had denied the search, you very likely would have been arrested and the search would have happened anyway.

What do you base that probability on racer72?

Refusing to consent to a search can never from the basis for probable cause.

It can't even form the basis for continued detainment on a traffic stop.

So - care to rephrase your pronouncement.

xylene · Mar 14, 2007

fairisfair said:
okay am I the only one here disgusted by the thought of a MOTHER and SON driving around town with a meth pipe?? Doing drugs with your kids. REVOLTING.

oh, yeah yeah yeah, it was his, you didn't know it was there, in the frigging ASHTRAY??

It not like its a briar pipe with a 8 inch gooseneck.

I's wager that many US parents wouldn't even be able to indentify a meth pipe in person, even if they had seen a photo of one. A stem is about the size of a pen cap too...

Lastly - is it impossible the kid put it in the tray while mom was talking with the officer... I mean I know super cop is gonna see everything, but I just don't think that is impossible either.

fairisfair · Mar 14, 2007

xylene said:
It not like its a briar pipe with a 8 inch gooseneck.

I's wager that many US parents wouldn't even be able to indentify a meth pipe in person, even if they had seen a photo of one. A stem is about the size of a pen cap too...

Lastly - is it impossible the kid put it in the tray while mom was talking with the officer... I mean I know super cop is gonna see everything, but I just don't think that is impossible either.

sorry, I don't buy it. OMG you are amazing in your attempt to even blame this disgusting story on the police. That is one LLLLLLLLLLOOOOOOOOOOONNNNNG stretch and I don't think even you can reach that far gumby.

racer72 · Mar 14, 2007

xylene said:
What do you base that probability on racer72?

Refusing to consent to a search can never from the basis for probable cause.

It can't even form the basis for continued detainment on a traffic stop.

So - care to rephrase your pronouncement.

The officer obviously had probable cause to request the search. The OP never stated the basis for the stop but it would not take much to give the officer cause to detain and search. I know quite a few police officers and I don't think any of them would accept a denial for a search and let the person go. At a minimum, they would find a reason for a possible impound and inventory of vehicle contents.

xylene · Mar 14, 2007

fairisfair said:
sorry, I don't buy it. OMG you are amazing in your attempt to even blame this disgusting story on the police. That is one LLLLLLLLLLOOOOOOOOOOONNNNNG stretch and I don't think even you can reach that far gumby.

Kids pipe = Kid arrested.

Funny that.

I think the LLLLLLLLLLLLLLOOONNGG Strech is you claiming the original poster was riding around smoking with the kid - given that she wasn't arrested.

racer72 said:
The officer obviously had probable cause to request the search. The OP never stated the basis for the stop but it would not take much to give the officer cause to detain and search. I know quite a few police officers and I don't think any of them would accept a denial for a search and let the person go. At a minimum, they would find a reason for a possible impound and inventory of vehicle contents.

It doesn't take PC to REQUEST a search. It takes PC to compel one. If this officer had PC he wouldn't have asked.

If you have cop freinds then they must really love having their searches tossed / cases dismissed.

What is a possible impound? The police can't be to arbitrary with that either.

You are basically arguing for police to be arbitrary with the Constitution. Look I know this this Bush's Amerika and the cop might just do what he wants, and might just get away with it too. Doesn't make it lawful.

fairisfair · Mar 14, 2007

xylene said:
Kids pipe = Kid arrested.

Funny that.

I think the LLLLLLLLLLLLLLOOONNGG Strech is you claiming the original poster was riding around smoking with the kid - given that she wasn't arrested.

It doesn't take PC to REQUEST a search. It takes PC to compel one. If this officer had PC he wouldn't have asked.

If you have cop freinds then they must really love having their searches tossed / cases dismissed.

What is a possible impound? The police can't be to arbitrary with that either.

You are basically arguing for police to be arbitrary with the Constitution. Look I know this this Bush's Amerika and the cop might just do what he wants, and might just get away with it too. Doesn't make it lawful.

Gee, I really must go and check my ashtray for meth pipes, after all the kids were in the car just last night. Wonder what the chances are? Oh, I know NONE!!!!

Kid arrested, mom running around trying to get him off. Completely oblivous to the fact that a stinking meth pipe was two feet from her face. Imagine that.

You really are out there****************************

xylene · Mar 14, 2007

fairisfair said:
Gee, I really must go and check my ashtray for meth pipes, after all the kids were in the car just last night. Wonder what the chances are? Oh, I know NONE!!!!

Kid arrested, mom running around trying to get him off. Completely oblivous to the fact that a stinking meth pipe was two feet from her face. Imagine that.

You really are out there****************************

I can genuinely say I am glad that you do not have any associates who are parents dealing with children with a drug problem. I don't mean that backhandedly. I wouldn't wish those problems on anyone. The thought that a druggie kid would try to pin something on a parent during a traffic stop to safe there own butt is qqqqqqqqqqqqqquuuuuuuuiiiiiiiittttteeeeeeeeee realistic.

Is this mom in denial - maybe.

Is she enabling - maybe. Subconcsiously - YES.

Is it inconcievable son tried to stash a pipe in the ashtray - NO
In fact that's what happened.

The chances mom is going to get son off by claiming the consent to search was coerced - very very slim.

fairisfair · Mar 14, 2007

xylene said:
I can genuinely say I am glad that you do not have any associates who are parents dealing with children with a drug problem. I don't mean that backhandedly. I wouldn't wish those problems on anyone. The thought that a druggie kid would try to pin something on a parent during a traffic stop to safe there own butt is qqqqqqqqqqqqqquuuuuuuuiiiiiiiittttteeeeeeeeee realistic.

Is this mom in denial - maybe.

Is she enabling - maybe. Subconcsiously - YES.

Is it inconcievable son tried to stash a pipe in the ashtray - NO
In fact that's what happened.

The chances mom is going to get son off by claiming the consent to search was coerced - very very slim.

as is the thought that a druggie parent would allow their child to take the blame thinking that the ramifications would be less.

Is it more conceivable that the pipe was in the ashtray the entire time!!! Definitely,

otherwise, why is that mom felt so "intimidated" which I find to be another way of saying scared $hitle$$, but then hey, I am just not quite so believing as you are apparently.

xylene · Mar 14, 2007

fairisfair said:
as is the thought that a druggie parent would allow their child to take the blame thinking that the ramifications would be less.

Is it more conceivable that the pipe was in the ashtray the entire time!!! Definitely,

otherwise, why is that mom felt so "intimidated" which I find to be another way of saying scared $hitle$$, but then hey, I am just not quite so believing as you are apparently.

The pipe was found in a common vehicle area.

That means that possession could attach to any and all occupants... So why was sonny boy the only one arrested if your theory is so compeling. Him claiming it was his is not enough of a reason...

I personally find the physical presence of a man or woman with a gun and the power of arrest to be quite intimidating - especially if they are angry or appear hostile or demanding.

That said - that very common feeling (which is not evidence of guilt)is not enough to invalidate consent to search.

washington state laws

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angelrenee

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