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4th amendment rights

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dannydart7

Junior Member
What is the name of your state (only U.S. law)? California was pulled over for no plates ,policeman said he did not see the paper one in the window. Policeman took the paper registration from window ran it came back to car and said is was not valid,but it was. Than he said he smelled pot i told him i had licence for it i gave him pot he pulled me out of my car handcuffed me and searched my car finding meth. Arrested me on 11377(A)HS took me to his home office were he passed me off to two other policeman and they took me to Van Nuys jail . My car was not impounded no pot charges filed . does not sound right to me
 


BOR

Senior Member
In order to prove a 4th AM violation, you need to show the cop actually saw the window plate and lied.

If you can somehow achieve that, the meth charge can probably be suppressed.

Smelling pot is grounds for a search, as a medical MJ license is not a cure to drive smelling like pot, whether you smoked it somewhere else or not.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? California was pulled over for no plates ,policeman said he did not see the paper one in the window.
Not having plates would make it a good stop when coupled with the officer not seeing the temporary registration tag in the window.

Than he said he smelled pot i told him i had licence for it i gave him pot he pulled me out of my car handcuffed me and searched my car finding meth. Arrested me on 11377(A)HS took me to his home office were he passed me off to two other policeman and they took me to Van Nuys jail . My car was not impounded no pot charges filed . does not sound right to me
You got lucky that he did not impound the car.

The aroma of marijuana gave him probable cause to conduct a further search. Additionally, since you TOLD the officer you had a "license" for the pot (I suspect you meant to say you had a "recommendation") I suspect you did not have even the recommendation with you, correct? Understand that having the recommendation does not always get you off the hook. If you have not yet gone to the county health department to ask for the state issued DHS card, then you do not get any free passes just because you have a recommendation. But, if you did not even have the recommendation with you, then there sounds as if you have nothing to challenge here.

Fortunately for you, a first offense for possession of meth. includes treatment and one of three different programs to keep it off your record. So, if you accept a plea to possession, keep clean and out of trouble (which also usually means stopping the marijuana, too), you could be clear in a couple of years.
 

CdwJava

Senior Member
Medicinal meth?
For the marijuana ... he said he had a "license" for the marijuana. Having the state card makes prolonged police contacts a lot less likely. But, very, very, VERY few recommendation holders get them ... for a variety of reasons.
 

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