Searching a wallet

[lm123]

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.

Do you guys know how to use the functions of this website?

In my first thread I made 10 posts.
In this thread so far I've made 5 posts.

10 + 5 = 15

And now there's this post I'm writing now.

So now it will say 16.

 

[Proserpina]

Do you guys know how to use the functions of this website?

In my first thread I made 10 posts.
In this thread so far I've made 5 posts.

10 + 5 = 15

And now there's this post I'm writing now.

So now it will say 16.

It's okay, lm.

I get what you're saying

 

[lm123]

It's okay, lm.

I get what you're saying

This is unreasonable suspicion. (from the others, not you)

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.

This is sad.
Yes, charged. But how can they twist the police report to make the search legal after what their original claim (drug transaction) is so different from the charge now...they're going to say they saw more than they did, me digging in my pocket or something, us handing stuff between us...?

 

[lm123]

The charge is pc470b - anyone know if that charge can be reduced or anything?

I know it's not a good look to have your face printed on the evidence.

 

[Banned_Princess]

Ps. Hi everyone! Hope you all are well.

Yes. I did miss you and I was ridiculous for taking moderating personally. Can we be friends again?


The boy needs a lawyer if he wants to argue or question anything. And that is usually the bottom line.

Cheers all.

 

[OHRoadwarrior]

Actually, I have discrimination set to limit results to recent threads. No sense dragging up ancient history. Don't you know how to use the functions of this web site?

Do you guys know how to use the functions of this website?

In my first thread I made 10 posts.
In this thread so far I've made 5 posts.

10 + 5 = 15

And now there's this post I'm writing now.

So now it will say 16.

 

[OHRoadwarrior]

Hire a lawyer to argue an invalid search. Don't do the crime if you can't do the time.

The charge is pc470b - anyone know if that charge can be reduced or anything?

I know it's not a good look to have your face printed on the evidence.

 

[Proserpina]

BP is answering herself.

I wonder if s/he forgot to log out and back in again as someone else we might know.

Huh.

 

[disneykid52]

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.

Cop better get an eye exam

 

[Mass_Shyster]

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?

The police need probable cause, based on articulable facts, that a crime has been committed, is being committed, or is about to be committed in order to conduct a warrantless search. (I'm not looking up any citations this morning - most of this is in Terry v Ohio). Once they have probable cause that criminal activity is afoot, they can search anything within your "wingspan", which includes your wallet.

Your recourse is to file a motion to suppress the search and the evidence seized in violation of the Fourth Amendment. Since a warrantless search is per se unreasonable, the burden of proof at that hearing will be on the prosecution to prove, by a preponderance of evidence, that the police had probable cause. The story will go something like this:

I, officer Obie, have been a police officer for two thousand years, and have arrested over ten billion persons for violations of drug laws. On June 30, 2013, I witnessed the defendant give money to a known drug dealer. The known drug dealer, being experienced in undercover buy operations, used what he assumed to be a marked bill to purchase a drink. He returned to the defendant to complete the transaction. In my experience, these activities are consistent with drug trafficking. I approached the defendant, searched his wallet and found an identification card with the defendants photograph, but a name, address, and date of birth not belonging to the defendant. I placed the defendant under arrest for carrying a false identification card, in violation of aaa.bbb.

You will likely argue that since there were no drugs found on your or the other person that the police fabricated the story of a drug transaction as a pretext.

Now it will come down to the judge. Good luck.

If you win and can find a crazy/desperate lawyer, you can sue the police officer for violating your civil rights, and claim the cost of you legal fees as damages.

 

[quincy]

lm123, thank you for explaining the previous threads posted under your user name. I agree your explanation is plausible.

With the fake ID, you face up to one year in jail. The possession of the fake ID, in combination with your past criminal history, means having an attorney at this point in time would not be a bad idea (as suggested by OHR and B_P already), especially if you want to argue the search of your wallet was illegal.

Did your (drug-selling ) friend hand the drink he purchased over to you prior to the approach of the police (I assume you are still underage)? Was the friend someone you had just met on the streets? Could the friend be someone who is connected with the police?




(edit to add: nice post, Stevef)

 

[Banned_Princess]

What? Why would I want to create a different sn? and if I did so why would I want to come back to this one? Seems like you would prefer I did. I'm not going to bother to do that.




I did miss my virtual friends of whom I share an interest, but if you all feel that way I might get over it.

Looks like your dealing with the same ole tired questions with the same old tired responses anyway. I'm trying to not be bored.

 

[Proserpina]

What? Why would I want to create a different sn? and if I did so why would I want to come back to this one? Seems like you would prefer I did. I'm not going to bother to do that.

Dude, you quoted and responded to your own post.

I did miss my virtual friends of whom I share an interest, but if you all feel that way I might get over it.

Looks like your dealing with the same ole tired questions with the same old tired responses anyway. I'm trying to not be bored.

Stop making this about you. It's NOT about you. If you really wanted to help? You'd help. You wouldn't be hijacking a thread with what appears to be a need for attention.

(And please, for the love of hot buttered crumpets, learn the difference between "your" and "you're". You're welcome)

 

[OHRoadwarrior]

Glad you are back princess. Even if you are as warped as I am.

What? Why would I want to create a different sn? and if I did so why would I want to come back to this one? Seems like you would prefer I did. I'm not going to bother to do that.




I did miss my virtual friends of whom I share an interest, but if you all feel that way I might get over it.

Looks like your dealing with the same ole tired questions with the same old tired responses anyway. I'm trying to not be bored.

 

[lm123]

Hire a lawyer to argue an invalid search. Don't do the crime if you can't do the time.

Do people really go to jail over this? Am I right thinking that I'm better off just having it in possession instead of being caught actually using it??


Thank you Stevef.
So the motion to suppress/hearing is completely separate from a trial and just for a judge to decide?
So, if that happened, and I lost, are prosecutors usually, or never, still willing to do plea deals?

I know your example was an example but, the guy I was talking to is not a "known drug dealer". He has never even been caught in possession of anything (like personal possession even). The cops just suspect he is. (don't ask me) So would that be a positive for me? That they have no proof he is anyway?

Did your (drug-selling ) friend hand the drink he purchased over to you prior to the approach of the police (I assume you are still underage)? Was the friend someone you had just met on the streets? Could the friend be someone who is connected with the police?

No he didn't. I know the guy, he is not connected to the police.
Would a CA court know about a trespass charge that was dismissed after juvie diversion in WA?