pulled over 20 minutes after passing sherrif on 2-lane road

[brown917eys]

What is the name of your state?What is the name of your state?What is the name of your state? north carolina

I passed a sherrif on a secondary road going about 55 in a 50 mph zone as I was rounding a curve. In my rear-view mirror I saw him slow down and I thought he might be coming after me, so I turned onto a side road that would also take me to my destination(s). I continued to the library to return some books and then to Char's where I got a hot dog which I ate in my car (parked at Char's).

I then pulled out of Char's and continued about 2 miles when I saw blue lights and was pulled over, not by the first sherrif, but by a second sherrif. The first one had radioed a 'description' of me (light colored car driven by a white female) to the second one. There had been at least 20 minutes between the time I passed the first sherrif and the time the second sherrif pulled me over. Is this legal?

Also, they searched my car and my purse and found a pot pipe. I was not taken to jail, or given a speeding ticket, but I was given a citation for possession of paraphanelia.

Should I fight this in court?

 

[mdl665]

If you weren't given a speeding ticket then you obviously were not pulled over for that. They may have just been looking for suspicious activity and the first sheriff may have seen you driving earlier and reported a possible suspicious vehicle. Seondly, did you give permission to the sheriff to search your car? He does not need to directly say, "May I search your car?", but may have said "So you don't mind me looking in your car?" If you fail to give a response in which you say clearly, "you may not search my car," they have a legal right to search your vehicle. If the pipe happened to be in plain view then they do not need your permission and can search based on probable cause.

 

[brown917eys]

north carolina

the reason they gave for pulling me over was because the first sherrif that passed me said i was speeding. i live in a rural area and was only about 1 mile from my home. it is not a 'high crime area' so i cannot see me being singled out as exhibiting 'suspicious behavior'.

my license was suspended (7/2004) for a dui and, initially, i lied and told them i was my sister and had left my license at home. that is when they went to the car and saw my purse and began to go through it looking for id and/or something to verify my identity. i am assuming this was the reason - they did not tell me nor ask for my permission to look in the car or my purse, but i specifically told the sherrif that i was NOT giving him my permission to search.

the pipe was INSIDE a tin box with a fitted lid, which was INSIDE my purse - definitely not in plain sight.

i realize that i am guilty for DWLR, but if their probable cause for pulling me over is invalid, isn't everything that follows also inadmissable in court?

 

[mdl665]

All I can say is that you are lucky as hell you weren't charged with giving false information to the police. Also, if you happened to be using your sister's license at the time, you are then lucky that you were not charged with identity theft, a major crime in post 9/11 America. The first sheriff may have seen you traveling at a high speed earlier and decided to wait and decide on whether to pull you over. The police can wait as long as they want to pull you over. He may have been waiting to see if you did anything else. Once you gave him false information, he had every right to search the car and all its contents. And no, your charges will not be dropped based on the fact that there was reason to pull you over because the sheriff saw you speeding at one point.

For lying to the police and doing a variety of other stupid things, I find it absurd that you think your defense is reasonable. I hope they charge you with giving false information too.

 

[seniorjudge]

First post:

What is the name of your state?What is the name of your state?What is the name of your state? north carolina

I passed a sherrif on a secondary road going about 55 in a 50 mph zone as I was rounding a curve. In my rear-view mirror I saw him slow down and I thought he might be coming after me, so I turned onto a side road that would also take me to my destination(s). I continued to the library to return some books and then to Char's where I got a hot dog which I ate in my car (parked at Char's).

I then pulled out of Char's and continued about 2 miles when I saw blue lights and was pulled over, not by the first sherrif, but by a second sherrif. The first one had radioed a 'description' of me (light colored car driven by a white female) to the second one. There had been at least 20 minutes between the time I passed the first sherrif and the time the second sherrif pulled me over. Is this legal?

Also, they searched my car and my purse and found a pot pipe. I was not taken to jail, or given a speeding ticket, but I was given a citation for possession of paraphanelia.

Should I fight this in court?

Second post:

north carolina

the reason they gave for pulling me over was because the first sherrif that passed me said i was speeding. i live in a rural area and was only about 1 mile from my home. it is not a 'high crime area' so i cannot see me being singled out as exhibiting 'suspicious behavior'.

my license was suspended (7/2004) for a dui and, initially, i lied and told them i was my sister and had left my license at home. that is when they went to the car and saw my purse and began to go through it looking for id and/or something to verify my identity. i am assuming this was the reason - they did not tell me nor ask for my permission to look in the car or my purse, but i specifically told the sherrif that i was NOT giving him my permission to search.

the pipe was INSIDE a tin box with a fitted lid, which was INSIDE my purse - definitely not in plain sight.

i realize that i am guilty for DWLR, but if their probable cause for pulling me over is invalid, isn't everything that follows also inadmissable in court?

I always find it fascinating to note what posters often "forget" to put in their first posts.

 

[ENASNI]

well

I have heard that pot kills brain cells...

No Mensa post here.. Judge-dear.
Keep looking