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KathieMarks

Junior Member
:confused:What is the name of your state (only U.S. law)? california
Yesterday I was walking home when my boyfriend spotted me and turned onto the entrance of the street closest to me and turned the truck back towards the main road so i could get in. We were at a stop sign completly stopped, two cars passed in front of us on the main road one being a sheriff. We were only across the street from the road we lived on, after the two cars passed we proceeded across the road to our street and pulled in our driveway. We were already getting out of the vechile when the sherriff red lighted us and told us to get back in the vechile. We did and my boyfriend being on the run from a court ordered rehab, he walked away from the rehab, when i believe it was a mandatory thing for his parole. Gave the officer an alias which he had used before and knew the name would come back clear. The officer asked if he would step out of the truck before ever running the name he gave him and hand cuffed him. While emptying out his pockets found a scale and srynige and some meth. Not knowing that our sawed off shotgun was under the front seat, I told the officer that no there was not anything else on me or in the truck illeagle. He asked me to step out and after finding the gun hand cuffed me and put me into another car. That was when my boyfriend called the officer over and gave them his real name and took responsiblity for everything. Then they asked me if i had anything in the house that would be illeagle and could they go look inside. I let them and all they found was a pipe which they left behind mind you and walked back outside. My question is this, "Can they pull you over in your driveway for know real reason?" And can they search my boyfriend for know obivious reason or can they because they have a hunch? His charges ended up being 1. felon with a loaded firearm 2. upscounding from parole 3. felon with firearm and possession 4. felon with firearm with possible trafficking and or sales. I know he is looking at some time but does anybody have an estimation of how much time?What is the name of your state (only U.S. law)?
 


wyett717

Member
First of all, don't post your questions twice in two different threads. Keep everything together if you want answers.

1) Can they pull you over in your driveway for know real reason?
Yes, they can pull you over for whatever reason they see fit. Based on your post, they clearly had a reason to pull him over. Since he jumped ship on his court-ordered rehab, perhaps he had a warrant out for his arrest, which would easily justify pulling him over.

2) And can they search my boyfriend for know obivious reason or can they because they have a hunch?
If they have probable cause, they can search him and the vehicle.

Someone else may be able to predict the amount of jail time, but there are usually several factors not listed here that would determine this.
 

cyjeff

Senior Member
Several decades.

Mostly because he has already proven that he can not be trusted to go to rehab... and, after he escaped, starts walking around armed and dealing.

You don't carry a sawed off shotgun for hunting. You use it to kill people.

Don't get too attached to your boyfriend. You won't be seeing him until you are old and gray.
 

CdwJava

Senior Member
We were already getting out of the vechile when the sherriff red lighted us and told us to get back in the vechile.
If he had reasonable suspicion to detain you, he can do that whether you are in your driveway or not.

Gave the officer an alias which he had used before and knew the name would come back clear.
Oops! Another crime. Good thing you did not affirm his phony name or YOU could have gone to jail for aiding and abetting a fugitive (assuming he was wanted by Parole).

The officer asked if he would step out of the truck before ever running the name he gave him and hand cuffed him. While emptying out his pockets found a scale and srynige and some meth.
Oops! See what happens when you use drugs while avoiding rehab?

Not knowing that our sawed off shotgun was under the front seat, I told the officer that no there was not anything else on me or in the truck illeagle. He asked me to step out and after finding the gun hand cuffed me and put me into another car.
Please tell me you understand why you were cuffed and stuffed! We get a tad miffed when we find guns and when people lie to us ... or, are mistaken and forgetful. :rolleyes:

That was when my boyfriend called the officer over and gave them his real name and took responsiblity for everything.
How chivalrous of him.

My question is this, "Can they pull you over in your driveway for know real reason?"
No, they have to have a reason. What that reason is should be in the report or will be testified to at trial. The fact that your man was on parole makes him free game, though. So, if the officer knew or reasonably suspected he was a parolee or a wanted fugitive, then he had every right to stop him even without other cause.

And can they search my boyfriend for know obivious reason or can they because they have a hunch?
They have to have some cause ... again, it should be in the report or testified to at trial. Unfortunately, being on parole, he was subject to search and seizure and most any time so chances of any of the evidence in his possession being suppressed is pretty near non existent.

His charges ended up being 1. felon with a loaded firearm 2. upscounding from parole 3. felon with firearm and possession 4. felon with firearm with possible trafficking and or sales. I know he is looking at some time but does anybody have an estimation of how much time?
It depends on the specific statutes he is charged under, his past criminal history, and how much time he still has holding over him on his previous conviction(s). Expect it to be several years - in my experience, I'd say about three at the inside if convicted all around. If he has an extensive history, maybe double that. Sadly, they don't keep guys like that locked up as long as they should, or as long as they could.

- Carl
 

Indiana Filer

Senior Member
Your forgot toothless...have you ever seen what meth does to a person's mouth:eek:

very scary...maybe in prison he will at least get some free dental work out of it:eek:
Until I started working as a probation officer, I had never seen so many people with so few teeth. Even the teenagers are missing teeth.

We joke around at work that the judges should sentence people, and for those given probation, issue their probation care kit. That kit would contain soap, toothpaste, and a toothbrush. (Yeah, I'm bad. We don't say this to the clients.)
 

wyett717

Member
very scary...maybe in prison he will at least get some free dental work out of it.
Free for him, but at the taxpayers' expense. And I'm sure he'll be gettin' lots of "free" things in prison...:p
 

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