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Passenger seat-belted and sober and searched!

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Rimbaud76

Member
I was a passenger I car pulled over for a minor traffic violation both me and the driver were wearing seatbelts and totally sober. Cop asked driver to exit car at which time he followed the officer to the rear of the car for a short conversation before the cop came to my window and requested my license??? I had it in my knapsack at my feet so i gave him my valid license but knew something wasn’t right. He commented on me looking very tired..I was and told him I hadn’t slept...he then asked ME for permission ro search the car??!? I said it wasnt my car. He then asked to search my knapsack to which I said no. He then asked me to get out and by know another officer had arrived.
He then said he was calling in the K9!! I asked how a routine minor traffic stop turned into a search and hd basically admitted that he cld tell just by looking at the car that there probably were drugs in it?!?
He then lulled me into admitting I had a tiny amount (about a joints worth ) by saying “(He) didn’t care about a little amount of weed.” So Figuring on the dog I told him of the weed and also a few syringes in my bagthat were totally capped and clean and there was absolutely NO other drugs or trace of drugs in the car.
I am being charged w possession of a small amount of marijuana for personal use and the paraphernalia. I am 46 yrs old with NO record at all. I feel ...I KNOW...my rights have been trampled on by two overzealous cops who were obviously excited at the prospect of making a big bust!
I am scheduled to see my wifes lawyer but I am just wondering since it seems such an obvious infringement of my 4th amendment rights the best way to go about getting this crap thrown out. Thanks you!
 

Zigner

Senior Member, Non-Attorney
I was a passenger I car pulled over for a minor traffic violation both me and the driver were wearing seatbelts and totally sober. Cop asked driver to exit car at which time he followed the officer to the rear of the car for a short conversation before the cop came to my window and requested my license??? I had it in my knapsack at my feet so i gave him my valid license but knew something wasn’t right. He commented on me looking very tired..I was and told him I hadn’t slept...he then asked ME for permission ro search the car??!? I said it wasnt my car. He then asked to search my knapsack to which I said no. He then asked me to get out and by know another officer had arrived.
He then said he was calling in the K9!! I asked how a routine minor traffic stop turned into a search and hd basically admitted that he cld tell just by looking at the car that there probably were drugs in it?!?
He then lulled me into admitting I had a tiny amount (about a joints worth ) by saying “(He) didn’t care about a little amount of weed.” So Figuring on the dog I told him of the weed and also a few syringes in my bagthat were totally capped and clean and there was absolutely NO other drugs or trace of drugs in the car.
I am being charged w possession of a small amount of marijuana for personal use and the paraphernalia. I am 46 yrs old with NO record at all. I feel ...I KNOW...my rights have been trampled on by two overzealous cops who were obviously excited at the prospect of making a big bust!
I am scheduled to see my wifes lawyer but I am just wondering since it seems such an obvious infringement of my 4th amendment rights the best way to go about getting this crap thrown out. Thanks you!
What infringement? The short detention while waiting for the K9 is acceptable, and YOU TOLD HIM about the stuff that was on you.
 

FlyingRon

Senior Member
Cops are allowed to try to get criminals to admit their crimes. We call that good police work.
I see nothing about your rights being trampled on, you shot your mouth off and gave the state all they need to convict you.
Talk to the lawyer and nobody else. I see no "search" that has taken place here. All the officer needs to justify the stop is an articulable and reasonable suspicion that a violation has taken place (which it appears he had).
 

Rimbaud76

Member
What infringement? The short detention while waiting for the K9 is acceptable, and YOU TOLD HIM about the stuff that was on you.
He also handcuffed us and stuffed us in back of his car while we waited for them to find exactly what we said would be there. I even asked the guy if they were gonna be pissed after all this that there was nothing else there cause they seemed so amped! And the one dude couldnt stop shooting off his mouth about how the dogs arent really that effective anyway since we were next to a crowded off ramp and there so sensitive that any car passing w stuff in it could confuse or set off the k9! He was the same guy who said “I cld tell there was drugs in this car (A older VW Jetta) just by looking at it!”
 

Rimbaud76

Member
He also handcuffed us and stuffed us in back of his car while we waited for them to find exactly what we said would be there. I even asked the guy if they were gonna be pissed after all this that there was nothing else there cause they seemed so amped! And the one dude couldnt stop shooting off his mouth about how the dogs arent really that effective anyway since we were next to a crowded off ramp and there so sensitive that any car passing w stuff in it could confuse or set off the k9! He was the same guy who said “I cld tell there was drugs in this car (A older VW Jetta) just by looking at it!”
Thanks for response btw!
 

Zigner

Senior Member, Non-Attorney
He also handcuffed us and stuffed us in back of his car while we waited for them to find exactly what we said would be there.
So?
I even asked the guy if they were gonna be pissed after all this that there was nothing else there cause they seemed so amped!
All that shows is that you're a wise-cracking drug user.
And the one dude couldnt stop shooting off his mouth about how the dogs arent really that effective anyway since we were next to a crowded off ramp and there so sensitive that any car passing w stuff in it could confuse or set off the k9! He was the same guy who said “I cld tell there was drugs in this car (A older VW Jetta) just by looking at it!”
So?
 
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Just Blue

Senior Member
I am scheduled to see my wifes lawyer but I am just wondering since it seems such an obvious infringement of my 4th amendment rights the best way to go about getting this crap thrown out. Thanks you!
Not legal advice but something to think about. That your wife apparently has a criminal defense attorney on retainer means that both of you seriously need to reassess your life choices.
 

Rimbaud76

Member
Ohh..Misread you’re original post. What infringement?! What right did ge have to even be questioning me OR even asking sober driver to exit car? You ever heard of probable cause?!! And I wasnt wisecracking at all...i was very polite ...it was simple banter between is. But its people like uou who are the reason are jails are fulla nonviolent offenders and . And my record just goes to show I keep to myself and what I do in my house on my time is my business . I love people who question nothing and believe that somehow drugs make people less than worthy of compassion and even worse simple human rights! I didnt come on here to talk to more fascists I came on for advice from someone w more knowledge than you can obviously muster...wait!!?? What do you do troll these sights giving fake law advice . Maybe some Jesus preaching thrown in for good measure.
 

FlyingRon

Senior Member
Again, cops are free to ask questions. The question is the validity of the stop itself, but it seems that this was valid. Please avoid the profanity-ridden rants. Again, this isn't just "going away" because you got your feelings hurt. You're going to need to listen carefully to that lawyer.
 

not2cleverRed

Obvious Observer
Others have responded more effectively than I could to your other questions, so I will limit myself to this:

I love people who question nothing and believe that somehow drugs make people less than worthy of compassion and even worse simple human rights!

You are on a legal forum, asking a legal question. While you have "human rights", if you tell the police that you have illegal stuff on your person, then that gives them probably cause to search.

I do not know why your friend was asked to exit the car. Maybe there was a warrant. Maybe he appeared to be under the influence of drugs or alcohol and they wanted to give him a field test.

I will say this: if you kept your stuff and activities limited to home, there would be no joints in your bag.
 
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