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Did police violate my rights

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Joe83

New member
What is the name of your state?california
I feel asleep at a gas station in parking spot with car off the car was just purchased with dealer plates on it but registered I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released for HS11377(a) but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California
 


Just Blue

Senior Member
What is the name of your state?california
I feel asleep at a gas station in parking spot with car off the car was just purchased with dealer plates on it but registered I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released for HS11377(a) but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California

A question I forgot to ask at the other site....Where in the car was the pipe and meth found? How long did you own the car at the time of arrest?
 

Zigner

Senior Member, Non-Attorney
As I stated at the other site: You were non-responsive so the officer opened the vehicle as a welfare check. You then likely became combative, so you were detained. You need an attorney and you need to stop talking about this to anybody but your attorney.
 

Eekamouse

Senior Member
What is the name of your state?california
I feel asleep at a gas station in parking spot with car off the car was just purchased with dealer plates on it but registered I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released for HS11377(a) but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California
You don't seriously expect to convince anyone on this site, let alone the judge in your case, that that pipe and meth weren't yours, do you? How many previous arrests are on your record for meth?
 

Just Blue

Senior Member
You don't seriously expect to convince anyone on this site, let alone the judge in your case, that that pipe and meth weren't yours, do you? How many previous arrests are on your record for meth?
None per his postings else where. Go where the ego is sandy... ;)
 

Joe83

New member
Im not sure where
A question I forgot to ask at the other site....Where in the car was the pipe and meth found? How long did you own the car at the time of arrest?
Qaá+ q
You don't seriously expect to convince anyone on this site, let alone the judge in your case, that that pipe and meth weren't yours, do you? How many previous arrests are on your record for meth?
To answer your question i have no prior drug charges so yes im going to do everything in my power to prove that they were not mine im not asking about that im simply asking if the police violated my constitutional rights
 

Just Blue

Senior Member
Im not sure where

Qaá+ q

To answer your question i have no prior drug charges so yes im going to do everything in my power to prove that they were not mine im not asking about that im simply asking if the police violated my constitutional rights
No. They did not.
 

quincy

Senior Member
What is the name of your state?california
I feel asleep at a gas station in parking spot with car off the car was just purchased with dealer plates on it but registered I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released for HS11377(a) but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California
Here is a link to the law you are said to have violated:

Did you have permission from the gas station owner to park on his property?

Were the meth and pipe in plain view or were they only found on a search of your vehicle?

You purchased the vehicle from a car dealer and not a private seller, correct?

Because what you were charged with comes, upon conviction, with the possibility of up to one year in jail and a $70 fine, you will want to consult with a criminal defense attorney in your area. The attorney will review the circumstances surrounding the original police contact with you to determine if the search of your vehicle was a legal one.

You should not speak to the police. The story you tell of the drugs being in your car when you purchased it, by the way, is not very believable (whether true or not).

Speak only to your attorney.

Good luck.
 

Eekamouse

Senior Member
Im not sure where

Qaá+ q

To answer your question i have no prior drug charges so yes im going to do everything in my power to prove that they were not mine im not asking about that im simply asking if the police violated my constitutional rights
In general, people don't pass out in their vehicles in the parking lot of gas stations and fall so deeply asleep that they can't hear a cop trying to wake them up when they come to investigate. That seems super suspicious all by itself. The cop had cause to search your vehicle and lo and behold, he found a pipe and some meth in the vehicle. Your rights were not violated. Good luck selling your entirely dubious tale to the court. I doubt it'll be the first time they've heard this particular excuse/story.
 

quincy

Senior Member
Sleeping in a parked car is not, on its own, illegal.

The search of the vehicle, especially since the drugs and pipe apparently were not in plain sight, might have been illegal depending on facts not known.

In other words, we don't have enough facts to say that it wasn't.

A criminal defense attorney certainly will want to go over the incident to see if the drugs and pipe found during the search can be excluded as evidence and the charge against Joe dismissed.
 

Eekamouse

Senior Member
Sleeping in a parked car is not, on its own, illegal.

The search of the vehicle, especially since the drugs and pipe apparently were not in plain sight, might have been illegal depending on facts not known.

In other words, we don't have enough facts to say that it wasn't.

A criminal defense attorney certainly will want to go over the incident to see if the drugs and pipe found during the search can be excluded as evidence and the charge against Joe dismissed.
Sorry. I was basing my reply off the assumption that the gas station employee called the police about this person passing out in their car in the parking lot.
 

CdwJava

Senior Member
To answer your question i have no prior drug charges so yes im going to do everything in my power to prove that they were not mine im not asking about that im simply asking if the police violated my constitutional rights
If you were in your vehicle on a commercial property and unresponsive, it is not unreasonable to assume that you were high or drunk. Opening the door to check on your condition tends to fall under the community caretaking and exigency exceptions to the 4th Amendment. If you got squirrelly either because you were out of it or decided you wanted to duke it out with the cops, they may well have had every right to handcuff you for their safety and yours.

Now, whether any search was lawful or not will depend on what probable cause the officers could articulate. If you appeared impaired or otherwise afflicted by drugs or alcohol a search may have been justified in order to find the source of any condition they observed. Were medics called to the scene at all?

Also, if they had lawful cause to tow the car, then a search was lawful pursuant to an inventory (search) of the vehicle prior to storage.

HS 11377(a) is a low, low, LOW grade misdemeanor in CA these days. If filed at all (and in many counties it simply won't be), you can potentially face jail time. However, current practice tends to be no jail time and fines - maybe probation - only in those rare instances that charges are filed. Alternatively, you might be able to enter into treatment to mitigate any effects of whatever sentence might be passed down ... assuming you are charged.

If your car has been impounded, get it back ASAP. The longer you wait, the greater the fees will be. And, if not retrieved within 30 days, it will be sold at auction and you will be liable for the difference between the tow company's costs and the sale amount.
 

quincy

Senior Member
If you were in your vehicle on a commercial property and unresponsive, it is not unreasonable to assume that you were high or drunk. Opening the door to check on your condition tends to fall under the community caretaking and exigency exceptions to the 4th Amendment. If you got squirrelly either because you were out of it or decided you wanted to duke it out with the cops, they may well have had every right to handcuff you for their safety and yours.

Now, whether any search was lawful or not will depend on what probable cause the officers could articulate. If you appeared impaired or otherwise afflicted by drugs or alcohol a search may have been justified in order to find the source of any condition they observed. Were medics called to the scene at all?

Also, if they had lawful cause to tow the car, then a search was lawful pursuant to an inventory (search) of the vehicle prior to storage.

HS 11377(a) is a low, low, LOW grade misdemeanor in CA these days. If filed at all (and in many counties it simply won't be), you can potentially face jail time. However, current practice tends to be no jail time and fines - maybe probation - only in those rare instances that charges are filed. Alternatively, you might be able to enter into treatment to mitigate any effects of whatever sentence might be passed down ... assuming you are charged.

If your car has been impounded, get it back ASAP. The longer you wait, the greater the fees will be. And, if not retrieved within 30 days, it will be sold at auction and you will be liable for the difference between the tow company's costs and the sale amount.
What in California would have been "lawful cause" to tow the vehicle? Is arrest of the occupant enough?
 
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