Voluntariness?

LeeLee11 · Mar 3, 2009

What is the name of your state (only U.S. law) California
I am assumed in the police report to have volunteered my under the influence to then bring about the probable cause to search my purse. I had supposedly gave up my rights by admitting i was under the influence. I did no such thing. What do they suggest is considered "volunteer"? No idea I had my rights, never been arrested, no i.d., just that I was with a fugitive in a leasing office of an apartment complex? Administered the field test had me set down my purse to do so, supposedly nothing determined just suspicion I assume because of an ongoing investigation on the fugitive they had an arrest warrant for; kept asking to search my purse I said no over and over. Had me pinned in a corner of a room no way out; then escorted me into the next room that was 3 feet away and searched my purse with his last words; "you know we are going to get in there one way or another". As that was said they were in without me in the room. Now what was volunteered? I said no every time until the last time they (four fugitive task force sheriffs) didn't give me a chance to say.

Zigner · Mar 3, 2009

LeeLee11 said:
What is the name of your state (only U.S. law) California
I am assumed in the police report to have volunteered my under the influence to then bring about the probable cause to search my purse. I had supposedly gave up my rights by admitting i was under the influence. I did no such thing. What do they suggest is considered "volunteer"? No idea I had my rights, never been arrested, no i.d., just that I was with a fugitive in a leasing office of an apartment complex? Administered the field test had me set down my purse to do so, supposedly nothing determined just suspicion I assume because of an ongoing investigation on the fugitive they had an arrest warrant for; kept asking to search my purse I said no over and over. Had me pinned in a corner of a room no way out; then escorted me into the next room that was 3 feet away and searched my purse with his last words; "you know we are going to get in there one way or another". As that was said they were in without me in the room. Now what was volunteered? I said no every time until the last time they (four fugitive task force sheriffs) didn't give me a chance to say.

Are you still under the influence? Your post reads as if you were...

CdwJava · Mar 3, 2009

LeeLee11 said:
I am assumed in the police report to have volunteered my under the influence to then bring about the probable cause to search my purse.

If I read this correctly, you are saying that the police claimed you admitted to being "under the influence" of something and they used that admission to justify searching your purse. Correct?

I had supposedly gave up my rights by admitting i was under the influence.

If under the influence of a controlled substance and you were subject to arrest, yes. A search of your purse would be lawful pursuant to your arrest.

What do they suggest is considered "volunteer"?

I assume the officer(s) believe you either admitted to the drug use or claimed to be high or some such thing. You may have to wait until it goes to court.

What, exactly, did they discover in your purse?

- Carl

Antigone* · Mar 3, 2009

CdwJava said:
If I read this correctly, you are saying that the police claimed you admitted to being "under the influence" of something and they used that admission to justify searching your purse. Correct?

If under the influence of a controlled substance and you were subject to arrest, yes. A search of your purse would be lawful pursuant to your arrest.

I assume the officer(s) believe you either admitted to the drug use or claimed to be high or some such thing. You may have to wait until it goes to court.

What, exactly, did they discover in your purse?

- Carl

Carl,

I have to give it to you. You are too good. People speak in code and incoherently and you still get it!!! High five to you!!!

LeeLee11 · Mar 7, 2009

Admitting UTI to lose my 4th is not true

CdwJava said:
If I read this correctly, you are saying that the police claimed you admitted to being "under the influence" of something and they used that admission to justify searching your purse. Correct?

If under the influence of a controlled substance and you were subject to arrest, yes. A search of your purse would be lawful pursuant to your arrest.

I assume the officer(s) believe you either admitted to the drug use or claimed to be high or some such thing. You may have to wait until it goes to court.

What, exactly, did they discover in your purse?

- Carl

Yes they said I admitted I was Under the Influence after he concluded I was Under the Influence. I didn't do that. They wanted in my purse and told me they were going to get in there one way or another and I said no so they escorted me two feet into the next room and got into it. Then after they found what they wanted, the detective put my purse in my car that was parked out front and locked my car put my keys with my property while I was being arrested by a sheiriff who showed up after the search. Weird.

Just Blue · Mar 7, 2009

LeeLee11 said:
Weird.

Yes. Yes you are.

Perhaps you could have a friend act as interperter for your ramblings, so that we actually understand your postings???

CdwJava · Mar 7, 2009

LeeLee11 said:
Yes they said I admitted I was Under the Influence after he concluded I was Under the Influence. I didn't do that.

But, WERE you under the influence? Will the chemical test come back positive for som econtrolled substance(s)?

Then after they found what they wanted, the detective put my purse in my car that was parked out front and locked my car put my keys with my property while I was being arrested by a sheiriff who showed up after the search. Weird.

Not so weird. Apparently they did not want to store your purse in bulk property, so they left it with the car after retrieving the dope. The sheriff that took you to jail was a transport officer. Many agencies have other officers assigned to do transport. Or, he agreed to take you to the jail while the arresting officer did something more.

In any event, consult local counsel.

- Carl

LeeLee11 · Mar 7, 2009

Positive but I was not arrested before search was conducted

I do understand being detained is also a form of arrest but I wasn't in any way detained they just concluded their field test, asked again to search my purse I said no then they said they were going to anyways and did while escorting me into the next room; then arrested me.

CdwJava · Mar 7, 2009

LeeLee11 said:
I do understand being detained is also a form of arrest but I wasn't in any way detained they just concluded their field test, asked again to search my purse I said no then they said they were going to anyways and did while escorting me into the next room; then arrested me.

Sounds like a search incident to arrest to me.

So, speak to your attorney and ask if he thinks there is any possibility to make a motion to suppress. If you're paying him by the hour, I suspect he'll file such a motion even though it may be a very long shot. if he's a public defender, I suspect he won't.

Good luck. Oh, and stop using dope and this sort of thing won't happen.

- Carl

LeeLee11 · Mar 7, 2009

Purse a part of evidence?

CdwJava said:
But, WERE you under the influence? Will the chemical test come back positive for som econtrolled substance(s)?

Not so weird. Apparently they did not want to store your purse in bulk property, so they left it with the car after retrieving the dope. The sheriff that took you to jail was a transport officer. Many agencies have other officers assigned to do transport. Or, he agreed to take you to the jail while the arresting officer did something more.

In any event, consult local counsel.

- Carl

Isn't my purse a part of the evidence if needed in court to justify where the dope they found was?

LeeLee11 · Mar 7, 2009

Arrest after search?

CdwJava said:
Sounds like a search incident to arrest to me.

So, speak to your attorney and ask if he thinks there is any possibility to make a motion to suppress. If you're paying him by the hour, I suspect he'll file such a motion even though it may be a very long shot. if he's a public defender, I suspect he won't.

Good luck. Oh, and stop using dope and this sort of thing won't happen.

- Carl

So a arrest after a search is allowed? I had my 4th amendment and I said no so you just have to be arrested around the time of the search for it to be legal? Sounds like a arrest incident to search. I wasn't in my vehicle at any point of contact with the fugitive task force team so what probable cause did they have? That I admitted which I didn't.

CdwJava · Mar 7, 2009

LeeLee11 said:
Isn't my purse a part of the evidence if needed in court to justify where the dope they found was?

Not necessarily. They can testify that they found it in your purse in a search incident to arrest. Your attorney can always argue, "What purse?" But I doubt that will get too far.

If they find dope on the floorboard of your car, they don't have to seize the car. Same theory with the purse.

- Carl

CdwJava · Mar 7, 2009

LeeLee11 said:
So a arrest after a search is allowed?

Sure. Provided they have probable cause. I suppose you're saying that they did not have enough to arrest you until after the search. I suspect they are going to argue that they DID have enough to arrest you for being under the influence BEFORE the search and thus the search was incident to arrest. They do not have to slap the cuffs on and ordain you to be arrested for you to actually be under arrest.

Your attorney is free to argue an unlawful search if he or she chooses.

Also, as it has not been answered, WERE you under the influence of a controlled substance? What will (or did) the chemical test show?

I wasn't in my vehicle at any point of contact with the fugitive task force team so what probable cause did they have? That I admitted which I didn't.

Where did the fugitive task force come into play? Were you wanted??

- Carl

LeeLee11 · Mar 9, 2009

Your question for me.....

CdwJava said:
Sure. Provided they have probable cause. I suppose you're saying that they did not have enough to arrest you until after the search. I suspect they are going to argue that they DID have enough to arrest you for being under the influence BEFORE the search and thus the search was incident to arrest. They do not have to slap the cuffs on and ordain you to be arrested for you to actually be under arrest.

Your attorney is free to argue an unlawful search if he or she chooses.

Also, as it has not been answered, WERE you under the influence of a controlled substance? What will (or did) the chemical test show?

Where did the fugitive task force come into play? Were you wanted??

- Carl

Even if I had never been arrested before and I had all my rights? Just because they suspect I was UTI. I was with a fugitive in a apartment's leasing office they have the right to search my purse even though I said no? Yes I was UTI.

CdwJava · Mar 9, 2009

LeeLee11 said:
Even if I had never been arrested before and I had all my rights? Just because they suspect I was UTI. I was with a fugitive in a apartment's leasing office they have the right to search my purse even though I said no? Yes I was UTI.

Since you were under the influence, and the officers searched the purse AFTER they evaluated you, then I suspect they will argue a search incident to arrest.

So, your attorney will have to somehow argue that you were not under arrest and thus the search was bad.

Good luck with that.

- Carl

Voluntariness?

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LeeLee11

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Zigner

Senior Member, Non-Attorney

CdwJava

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Antigone*

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LeeLee11

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Just Blue

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CdwJava

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LeeLee11

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CdwJava

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LeeLee11

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LeeLee11

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CdwJava

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CdwJava

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LeeLee11

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CdwJava

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