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Searching a wallet

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lm123

Junior Member
What is the name of your state (only U.S. law)? CA

Can anyone explain how/why this can happen?

Cops watched this happen - me talking to a guy I know, guy goes off and buys a drink, comes back and we talk again.
Cops then approach us and tell us that was a drug transaction. The cops already think this other guy is a drug dealer.
A cop starts searching me, which I don't consent to. During this he takes out my wallet and starts going through the whole wallet, unfolds it all, pulling cards out, looking in every section of it.
They had decided I was buying drugs - why look in my wallet? It's not like they'd know if I'd spent any money...And I hadn't taken my wallet out while talking to this guy so it's not like they watched me put 'something' in it.
They found no drugs (probably because there was no drug transaction).
Though the cop did find a fake ID in my wallet.

How was this search legal?
 


OHRoadwarrior

Senior Member
He thought he observed a crime and was investigating it. Lots of people carry drugs in their wallet, purse, pocket, crotch, mouth, anus and everywhere else you could imagine.
 

quincy

Senior Member
You probably put yourself on the police radar with your previous trespassing and auto theft offenses. Are you currently on probation for anything?
 

lm123

Junior Member
He thought he observed a crime and was investigating it. Lots of people carry drugs in their wallet, purse, pocket, crotch, mouth, anus and everywhere else you could imagine.
But the wallet had nothing to do with "the drug transaction they observed"? The wallet was the last part of the search. He hadn't found any drugs by that point, my wallet hadn't been open while I was at the location. Did they get there by osmosis? By the time he opened my wallet he had found NOTHING to support this "drug transaction".

You probably put yourself on the police radar with your previous trespassing and auto theft offenses. Are you currently on probation for anything?
Diff state. No.
I have no auto theft conviction anyway.
 
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OHRoadwarrior

Senior Member
Any argument you have for charges based on an illegal search must be taken up with the court. No one here has a magic 8 ball or the judges ear. You asked for an explanation, I gave it. The court will decide if it was legal, if you dispute it.

But the wallet had nothing to do with "the drug transaction they observed"? The wallet was the last part of the search. He hadn't found any drugs by that point, my wallet hadn't been open while I was at the location. Did they get there by osmosis? By the time he opened my wallet he had found NOTHING to support this "drug transaction".



Diff state. No.
I have no auto theft conviction anyway.
 

quincy

Senior Member
Diff state. No.
I have no auto theft conviction anyway.
Yup. A lot of different states, apparently.

In 2003, you posted here from the state of New Mexico and you were a dad with a young son.

Last year, you posted from the state of Washington and you were 17 and your stepfather called the police on you for felony auto theft (glad to hear there was no conviction).

Now you are in California with police searching your wallet. . . . . . . . .

Care to explain the discrepancies?
 

lm123

Junior Member
In 2003, you posted here from the state of New Mexico and you were a dad with a young son.
Don't know what you're talking about.

Last year, you posted from the state of Washington and you were 17 and your stepfather called the police on you for felony auto theft (glad to hear there was no conviction).

Now you are in California with police searching your wallet. . . . . . . . .
Yes, me. Have you never known a person to move?

Care to explain the discrepancies?
I can try to walk you through it.

So I assume you searched for 'lm123'? The search results show my threads and another from 2003. If you look at the 2003 thread, the 'lm123' name is black/not active and says 'guest' under it. If you look at the other 2 threads, the username is active and says 'junior member' under it. If you click on the user name, look at my history, you find 2 threads (not 3) associated with my account.

From this I'm going to make the wild guess that this website has had some changes made to it since 2003 (that's not actually a wild guess, it WILL have) and that in 2003 another person used the username either when they didn't have to register or the owner has cleared inactive accounts at some point in the last 10 years. Making lm123 free for me to take in Jan 2012.

'lm123' is not a very unique user name. I'm sure that if you google it you'll find all sorts of other accounts that aren't mine too.
 

Proserpina

Senior Member
Don't know what you're talking about.



Yes, me. Have you never known a person to move?



I can try to walk you through it.

So I assume you searched for 'lm123'? The search results show my threads and another from 2003. If you look at the 2003 thread, the 'lm123' name is black/not active and says 'guest' under it. If you look at the other 2 threads, the username is active and says 'junior member' under it. If you click on the user name, look at my history, you find 2 threads (not 3) associated with my account.

From this I'm going to make the wild guess that this website has had some changes made to it since 2003 (that's not actually a wild guess, it WILL have) and that in 2003 another person used the username either when they didn't have to register or the owner has cleared inactive accounts at some point in the last 10 years. Making lm123 free for me to take in Jan 2012.

'lm123' is not a very unique user name. I'm sure that if you google it you'll find all sorts of other accounts that aren't mine too.

That's actually very plausible :)

Please understand why quincy mentioned it - unfortunately, we get some people asking questions for every friend and relative of theirs all over the country (which is strongly discouraged), and we get folk wanting us to answer homework answers (which most of us don't wish to do). Oh yeah - we also get trolls who make up scenarios out of sheer boredom!

Thanks for the clarification!
 

lm123

Junior Member
Any argument you have for charges based on an illegal search must be taken up with the court. No one here has a magic 8 ball or the judges ear. You asked for an explanation, I gave it. The court will decide if it was legal, if you dispute it.
I realize that you don't have all the details here.
But the cops needs reasonable suspicion (or something) to search, right? So they saw two people talking and called it a drug transaction?
 

Banned_Princess

Senior Member
I realize that you don't have all the details here.
But the cops needs reasonable suspicion (or something) to search, right? So they saw two people talking and called it a drug transaction?
The person to question the cops probable cause is your lawyer.

Were you charged?
 

OHRoadwarrior

Senior Member
I believe Quincy was referring to the other of OP's 15 total posts. I doubt they all registered under the same user ID and password randomly.


That's actually very plausible :)

Please understand why quincy mentioned it - unfortunately, we get some people asking questions for every friend and relative of theirs all over the country (which is strongly discouraged), and we get folk wanting us to answer homework answers (which most of us don't wish to do). Oh yeah - we also get trolls who make up scenarios out of sheer boredom!

Thanks for the clarification!
 

dave33

Senior Member
I realize that you don't have all the details here.
But the cops needs reasonable suspicion (or something) to search, right? So they saw two people talking and called it a drug transaction?

Lets just say that what you said is 100% true. The search is most likely not legal. When the cops conduct a search or act in a way that is questionable or just blatantly illegal, you can bet that the police report will not reflect the truth. Basically, in these situations, what actually happened isn't what you are dealing with. You are dealing with the contents of the report or what you can prove.

Did you get charged with the fake i.d.? If you did and you want to challenge the search, you will have to decline any plea deal the state may offer and face possible jail time if convicted. In many cases defendants are severly punished for attempting to protect their rights.
 

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