What is the name of your state? Texas
Here is the scenario:
In a small TX town known for methamphetamine problems I was somewhat of a public figure. Police and everyone knew who I was. Well at 11:00p.m. I was at a friend's house standing in his front yard about to get on my motorcycle and drive home when I see 2 city cop cars, 2 sherriff department cars, and 2 regular vehicle cars (later to be discovered as the narcotics task force). They all jump out and rush toward my friend who was also outside to serve him 2 traffic warrants. They ask for my ID and I say sure. They run and see there's no warrants and then ask me if I have any weapons. I replied that I had a boot knife on each boot and the officer says I'm gonna grab them and remove them for my safety. He grabs them and then tells me he's gonna pat me down to check for any other weapons. He begins to pat me down and then violently pats and starts to dig into my pockets and shine his flashlight into my pants pocket where he sees the top of a baggie in my coin pocket. He rips it out and throws me to the ground and arrests me for possession of a controlled substance. They then seized my bike (which I wasn't even on yet) and helmet.
A) Was it legal for them to even approach me?
B) Was the search legal?
C) What right did he have to seize my bike?
D) Anyone have any case law citings? My attorney has already been paid 18k and hasn't done a damn thing so i want to get the ball rolling. It's my understanding that a "Terry" search is a pat down of the extremeties ONLY looking for weapons and does not permit access to pockets. The officers report says, "While patting him down I felt a bulge I knew to be consistent with a clear plastic bag containing crystal methamphetamine" Doesn't that sound absolutely retarded?
To make matters worse, 2 weeks later they tell me to come in and arrest me again on a delivery charge 1 - 4 grams. My bonds were 100 and then 75k. I sat in jail for over 30 days with no bond too. I know the county is out to get me but if I can beat this charge outright and quickly the second charge will be easy to negotiate I think. Any help would be appreciated.
C.J.
HOOD County TX
Here is the scenario:
In a small TX town known for methamphetamine problems I was somewhat of a public figure. Police and everyone knew who I was. Well at 11:00p.m. I was at a friend's house standing in his front yard about to get on my motorcycle and drive home when I see 2 city cop cars, 2 sherriff department cars, and 2 regular vehicle cars (later to be discovered as the narcotics task force). They all jump out and rush toward my friend who was also outside to serve him 2 traffic warrants. They ask for my ID and I say sure. They run and see there's no warrants and then ask me if I have any weapons. I replied that I had a boot knife on each boot and the officer says I'm gonna grab them and remove them for my safety. He grabs them and then tells me he's gonna pat me down to check for any other weapons. He begins to pat me down and then violently pats and starts to dig into my pockets and shine his flashlight into my pants pocket where he sees the top of a baggie in my coin pocket. He rips it out and throws me to the ground and arrests me for possession of a controlled substance. They then seized my bike (which I wasn't even on yet) and helmet.
A) Was it legal for them to even approach me?
B) Was the search legal?
C) What right did he have to seize my bike?
D) Anyone have any case law citings? My attorney has already been paid 18k and hasn't done a damn thing so i want to get the ball rolling. It's my understanding that a "Terry" search is a pat down of the extremeties ONLY looking for weapons and does not permit access to pockets. The officers report says, "While patting him down I felt a bulge I knew to be consistent with a clear plastic bag containing crystal methamphetamine" Doesn't that sound absolutely retarded?
To make matters worse, 2 weeks later they tell me to come in and arrest me again on a delivery charge 1 - 4 grams. My bonds were 100 and then 75k. I sat in jail for over 30 days with no bond too. I know the county is out to get me but if I can beat this charge outright and quickly the second charge will be easy to negotiate I think. Any help would be appreciated.
C.J.
HOOD County TX