randomlly stop to check on bench warrants

What is the name of your state? Montana
I was fixing my window in my vehicle when a highway patrol and sheriff pulled up, asked me my name and detained me to check if I had a warrant for my arrest. I did so he frisked me and found drugs on my persons and then arrested me. Can they randomly check for no reason?

Rufnekn said:

What is the name of your state? Montana
I was fixing my window in my vehicle when a highway patrol and sheriff pulled up, asked me my name and detained me to check if I had a warrant for my arrest. I did so he frisked me and found drugs on my persons and then arrested me. Can they randomly check for no reason?

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Where were you while you were fixing your window?

Rufnekn said:

What is the name of your state? Montana
I was fixing my window in my vehicle when a highway patrol and sheriff pulled up, asked me my name and detained me to check if I had a warrant for my arrest. I did so he frisked me and found drugs on my persons and then arrested me. Can they randomly check for no reason?

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If you want to contest this, you must file a motion to quash the evidence in your criminal case.

But tell us: Where were you fixing the window? Give us facts and details.

I was at a gas station with a large parking lot where people park and congragate and leave vehicles for carpooling ect. He never observed me for any length of time to suspect suspicious behavior. He just drove up and asked me my name and ran the warrant check.

Rufnekn said:

I was at a gas station with a large parking lot where people park and congragate and leave vehicles for carpooling ect. He never observed me for any length of time to suspect suspicious behavior. He just drove up and asked me my name and ran the warrant check.

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Obviously, the cop saw something that aroused his suspicion.

You can have your lawyer fight it in court.

Rufnekn said:

I was at a gas station with a large parking lot where people park and congragate and leave vehicles for carpooling ect. He never observed me for any length of time to suspect suspicious behavior. He just drove up and asked me my name and ran the warrant check.

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So he arrested you for the WARRANT and not the drugs?

ceara19 said:

So he arrested you for the WARRANT and not the drugs?

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It's not unusual for the cops to run tag numbers; maybe that's where OP's name popped up.

Rufnekn said:

He never observed me for any length of time to suspect suspicious behavior.

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You have no idea how long he was watching you...

Yes, he found the drugs when he searched me for weapons. He did'nt read me my miranda rights until after i was searched again at the detention facility in a questioning room.

Rufnekn said:

Yes, he found the drugs when he searched me for weapons. He did'nt read me my miranda rights until after i was searched again at the detention facility in a questioning room.

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You're pretty much screwed then. The police can ask you to identify yourself. You had a warrant out for your arrest, so you were arrested. The police always search people when they are arrested before they are placed in the police car. They do not have to read you your rights unless they are questioning you and wish to use any information they obtain from that questioning against you.

Rufnekn said:

I was at a gas station with a large parking lot where people park and congragate and leave vehicles for carpooling ect.

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Huh? A gas station with a large parking lot? This doesn't sound quite right for some reason. People don't go christmas shopping at gas stations, so how big of a parking lot does a gas station need?
Was this a park & ride type of parking area or a city/county lot alongside the gas station? If so, there may have been a rise in crime being reported by people who park there for the day. If vehicles have been getting broken into on a regular basis, they may have been watching the lot in hopes of catching the person(s) responsible for these break-in's. If it was a gas station's parking lot (which I highly doubt) perhaps the employees at the station called the police, thinking something appeared suspicious.

He never observed me for any length of time to suspect suspicious behavior. He just drove up and asked me my name and ran the warrant check.

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He was there checking you out for some reason. I find it hard to believe he was simply on patrol and happened to get a hair up his kazoo to shake you down.
Although, I must admit, I would find this lot an unusual place for someone to decide to stop at and fix their window. What was wrong with your window? Was it broken out? If so, this in itself can be suspicious when you consider that it is typical of the condition many stolen vehicles are found in.

outonbail said:

Huh? A gas station with a large parking lot?

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Possibly a gas station like Flying J (a truck stop).
http://www.flyingj.com/

averad said:

Possibly a gas station like Flying J (a truck stop).
http://www.flyingj.com/

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Yes, truck stops have large parking lots, showers, laundry facilities etc. But I would have thought the OP would have called that a truck stop rather than a gas station. But it could be.

The thing is, he claims that a highway patrol and a sheriff pulled up to him and began to shake him down. So I don't think two completely separate agencies, would by chance, just happen to be shaking this guy down, without any reason. I'm betting they are part of a joint effort or task force formed between several agencies which has a specific purpose, like catching car thieves or people dealing drugs at the truck stop.
After all, he did have a warrant, yet he was in this lot where people park their cars for the day when they car pool to work, with drugs in his possession, fixing his car window?

Yeah, that sounds totally believable.

outonbail said:

Yes, truck stops have large parking lots, showers, laundry facilities etc. But I would have thought the OP would have called that a truck stop rather than a gas station. But it could be.

The thing is, he claims that a highway patrol and a sheriff pulled up to him and began to shake him down. So I don't think two completely separate agencies, would by chance, just happen to be shaking this guy down, without any reason. I'm betting they are part of a joint effort or task force formed between several agencies which has a specific purpose, like catching car thieves or people dealing drugs at the truck stop.
After all, he did have a warrant, yet he was in this lot where people park their cars for the day when they car pool to work, with drugs in his possession, fixing his car window?

Yeah, that sounds totally believable.

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I agree with you 100% and was just thinking of a large gas station.

The officer can ask anything he wants. He asked, you gave, you got arrested. Anything he finds on you when you are arrested is fair game. You have NO right to privacy when you are under arrest.

- Carl