sirtikalot
Junior Member
What is the name of your state (only U.S. law)? OHIO
Hello,
Now don't get me wrong, I do not claim to understand law what-so-ever, but i do have general grasp on some things that a police officer can and cannot do when they pull you over. Also, i have questions about some of the things the police officer said while i was cooperating with him.
Here is my account of what happened.
Occured on Monday, July 13th
background: Driving home from work at approximately 12:30-35 (i work 3-12) - in a hot factory and tend to look pretty rough by the time I get off work. I live approx 40 minutes from work.
No legal history in past except (speeding ticket + wreck) other than that clean slate.
After work, a fellow worker and I smoked some pot in my car in the 5 minute ride to drop him off.
I dropped him off and opened the windows to my vehicle, in which I proceeded to smoke (2) cigarettes. After I was finished smoking, I opened the front two windows to let the car air out.
Approx. 10 minutes later I was driving down a road that connected my town to another town. Getting out of town I set my cruise control for 58-60mph range. While driving I went through a series of hills in which my cruise control fluctuated slightly as most cars do. (I do not believe i went above 63mph -at max) and remember thinking to make sure I was doing a decent speed because a car was coming down the road in the opposite direction, and I thought that there was a possibility of it being a police officer.)
I check speed and remember thinking, I was okay because my speed was pretty dang good. I see the lights to the car as it gets nearer and notice the cruisers top lights just as i pass.
I change cruise to 55-56mph and continue down the road. At this time I saw the cruiser go for approx 200yds and then slow to make the u-turn. I am sort of stressing out because I had (a small <1g?) bag of pot on me. Along with some blueberry rolling papers.
(these items were in a pencil bag, inside my backpack, under clothes)
I continue with the officer behind me for approx. 1/2mile? at which point the officer initiates his lights and I pull over accordingly.
After I see the lights and pull over, I took out my I.D. knowing he would ask for it. I drop my wallet and look to see where it went.
He comes up to my passenger door and opens it - before I am even aware of him being along side of my car already.
(used to them sitting in their car for a while before coming to talk)
At this point the officer had come around to the right side of my car, and asked me where i was coming from. I replied "i just got off of work - in troy"
He asks me if I have been smoking marijuana tonight?
me: no...
he asks: any marijuana in the car that your aware of?
me: no..not that i know of...
he says: well then whys it smell like marijuana in here?
I reply: Its a family vehicle that gets used by everyone occasionally.
He walks over to my side of the car and says something along the lines of: If you cooperate you won't be going to jail tonight.
first thought that pops into my head is that I'm going to be arrested for??
So he asks me again...is there any marijuana in the vehicle?
I reply: Yes
he says: yes, just a little bag or something?
I reply: yes
he asks me to go get the bag, being flustered I didn't even know where I had put the bag in the car. I look around but fail to find it after a few seconds
he has me come to the rear of the car in which he pats me down and finds nothing.
at that point he walks me to the cruiser and has me go to the back seat and sit.
(tells me something about me not actually being arrested for it)
(with the door open) he has me take off my shoes and hit them to show theres nothing in there etc
At this point he puts me in the cruiser with the door locked and searches my vehicle.
He finds the rolling papers and small bag - ALSO he finds a pipe (i had lost in the past) that I had NOOOO idea was in the car and confinscates that also.
As I sat in the back of the cruiser, I respectfully cooperated with him, even though I was thinking bad thoughts. I noticed that he had a few digital readouts on a device (that i've been shown in the past) the radar gun. Seeing this I look closer at what it is actually reading. In red was 63 and in green was 58.
When I watched him fill out the speeding ticket he served. He had written 64 miles per hour, when the digital readout only said 63.
(my question is, why is he altering what the gun locked on? / and is this to make his stop seem more ligitamet?)
I asked him about this because, I had read that 1MPH can be the difference between getting points on a license and not.
He replied I put here that you were doing 64, because by the time the gun locked on it was 63.
Following that he said "at this time of night (12:30?) - (they) have to pull over anyone doing that speed because most of the time its a drunk or a case like yourself,"
My question is - what'd he do wrong because I can seem to see alot of flaws?
I'm not trying to dodge responsibility for the actions I have chosen. I just don't like to see peoples rights seem to be trampled over.
Is that profiling, because the Police Officer stated, at this time of night? meaning someone who worked during the day would not have been pulled over? why should i be more subseptable to being pulled over than any other individual?
How likely is it that he smelled pot after two cigarettes and the grade of the marijuana was far from being very stinky. (deffinitly wasn't a hydro or chronic - that just smells unbelievably)
Also, would the officer lose credibility in this case because he had already altered and entered into his report, a clearly different speed. Now one may argue that its only 1mph, but if its JUST one MPH, why would he go through the hassle of putting something other than what it said, unless he believed it would somehow justify the credibility and reasonable cause he was seeming to exert?
Also, I was wondering about the way he approached me and my vehicle? many people said that doesn't sound right?
How likely is it that he actually smelled pot?
Since the vehicle is shared does that have any leway?
I don't remember actually giving him consent to enter or search the car?
Anyway to supress this evidence under the 4th amendment or Ohio's statutes?
Please help me with my limited knowledge.
thanks alot!What is the name of your state (only U.S. law)?
Hello,
Now don't get me wrong, I do not claim to understand law what-so-ever, but i do have general grasp on some things that a police officer can and cannot do when they pull you over. Also, i have questions about some of the things the police officer said while i was cooperating with him.
Here is my account of what happened.
Occured on Monday, July 13th
background: Driving home from work at approximately 12:30-35 (i work 3-12) - in a hot factory and tend to look pretty rough by the time I get off work. I live approx 40 minutes from work.
No legal history in past except (speeding ticket + wreck) other than that clean slate.
After work, a fellow worker and I smoked some pot in my car in the 5 minute ride to drop him off.
I dropped him off and opened the windows to my vehicle, in which I proceeded to smoke (2) cigarettes. After I was finished smoking, I opened the front two windows to let the car air out.
Approx. 10 minutes later I was driving down a road that connected my town to another town. Getting out of town I set my cruise control for 58-60mph range. While driving I went through a series of hills in which my cruise control fluctuated slightly as most cars do. (I do not believe i went above 63mph -at max) and remember thinking to make sure I was doing a decent speed because a car was coming down the road in the opposite direction, and I thought that there was a possibility of it being a police officer.)
I check speed and remember thinking, I was okay because my speed was pretty dang good. I see the lights to the car as it gets nearer and notice the cruisers top lights just as i pass.
I change cruise to 55-56mph and continue down the road. At this time I saw the cruiser go for approx 200yds and then slow to make the u-turn. I am sort of stressing out because I had (a small <1g?) bag of pot on me. Along with some blueberry rolling papers.
(these items were in a pencil bag, inside my backpack, under clothes)
I continue with the officer behind me for approx. 1/2mile? at which point the officer initiates his lights and I pull over accordingly.
After I see the lights and pull over, I took out my I.D. knowing he would ask for it. I drop my wallet and look to see where it went.
He comes up to my passenger door and opens it - before I am even aware of him being along side of my car already.
(used to them sitting in their car for a while before coming to talk)
At this point the officer had come around to the right side of my car, and asked me where i was coming from. I replied "i just got off of work - in troy"
He asks me if I have been smoking marijuana tonight?
me: no...
he asks: any marijuana in the car that your aware of?
me: no..not that i know of...
he says: well then whys it smell like marijuana in here?
I reply: Its a family vehicle that gets used by everyone occasionally.
He walks over to my side of the car and says something along the lines of: If you cooperate you won't be going to jail tonight.
first thought that pops into my head is that I'm going to be arrested for??
So he asks me again...is there any marijuana in the vehicle?
I reply: Yes
he says: yes, just a little bag or something?
I reply: yes
he asks me to go get the bag, being flustered I didn't even know where I had put the bag in the car. I look around but fail to find it after a few seconds
he has me come to the rear of the car in which he pats me down and finds nothing.
at that point he walks me to the cruiser and has me go to the back seat and sit.
(tells me something about me not actually being arrested for it)
(with the door open) he has me take off my shoes and hit them to show theres nothing in there etc
At this point he puts me in the cruiser with the door locked and searches my vehicle.
He finds the rolling papers and small bag - ALSO he finds a pipe (i had lost in the past) that I had NOOOO idea was in the car and confinscates that also.
As I sat in the back of the cruiser, I respectfully cooperated with him, even though I was thinking bad thoughts. I noticed that he had a few digital readouts on a device (that i've been shown in the past) the radar gun. Seeing this I look closer at what it is actually reading. In red was 63 and in green was 58.
When I watched him fill out the speeding ticket he served. He had written 64 miles per hour, when the digital readout only said 63.
(my question is, why is he altering what the gun locked on? / and is this to make his stop seem more ligitamet?)
I asked him about this because, I had read that 1MPH can be the difference between getting points on a license and not.
He replied I put here that you were doing 64, because by the time the gun locked on it was 63.
Following that he said "at this time of night (12:30?) - (they) have to pull over anyone doing that speed because most of the time its a drunk or a case like yourself,"
My question is - what'd he do wrong because I can seem to see alot of flaws?
I'm not trying to dodge responsibility for the actions I have chosen. I just don't like to see peoples rights seem to be trampled over.
Is that profiling, because the Police Officer stated, at this time of night? meaning someone who worked during the day would not have been pulled over? why should i be more subseptable to being pulled over than any other individual?
How likely is it that he smelled pot after two cigarettes and the grade of the marijuana was far from being very stinky. (deffinitly wasn't a hydro or chronic - that just smells unbelievably)
Also, would the officer lose credibility in this case because he had already altered and entered into his report, a clearly different speed. Now one may argue that its only 1mph, but if its JUST one MPH, why would he go through the hassle of putting something other than what it said, unless he believed it would somehow justify the credibility and reasonable cause he was seeming to exert?
Also, I was wondering about the way he approached me and my vehicle? many people said that doesn't sound right?
How likely is it that he actually smelled pot?
Since the vehicle is shared does that have any leway?
I don't remember actually giving him consent to enter or search the car?
Anyway to supress this evidence under the 4th amendment or Ohio's statutes?
Please help me with my limited knowledge.
thanks alot!What is the name of your state (only U.S. law)?
