Pretext..? get case dismissed, Cop lied and with held info

[lostfaithinBLUE]

What is the name of your state? What is the name of your state? WI
Hello,
At approx 430am i went to pick up a drunk acquaintance. Just before arriving to his location I noticed a cop turning on the street before his place. When he got in my car this cop followed us for several blocks & into a gas station. A K-9 unit then arrived in gas station and they sat there while i pumped and followed us out. then proceded to pull me over. The reason for an air freshener hanging from rear view mirror- hit was tangled up in mirror and barley hung down a 1/2”.The k-9 unit was directly behind the cop that pulled us over and brought out his dog. the dog hit on the drivers side where he then proceeded a search and found 0.2 grams of THC under passenger seat. he also searched my purse found my small tin of lip balm that he took and asked what it was & i told him lip balm. He took it arrested me towed my car, didn’t secure it or write any inventory, wouldn’t let me have my purse or phone took me to the PD and released me. they arrested the passenger but released him on site and gave him his phone. we both were charged with possession. I requested the audio and video from the PD. Before I arrived at the pick up location the K-9 unit called the other cop and told him to look for any reason to pull me over as he has seen other cars come and go from that location earlier that night. 4 young men live there. In the police report the k-9 unit does NOT mention taking my lip balm which he thought was drugs (wax i suppose) & the other office report said the k9 came on his own accord & had NO communication with the K-9 unit & said it was a sizable abstuction hanging from my mirror BUT U can’t seen it in the video tape. Also, he lied bc on the audio u can here the cops talking to one another prior to pulling me over! Wondering if I can get this dismissed? suppressed? How do I handle the pre trial. Going into the judge Wed i guess to see if enough evidence to go to trial

 

[Just Blue]

What is the name of your state? What is the name of your state? WI
Hello,
At approx 430am i went to pick up a drunk acquaintance. Just before arriving to his location I noticed a cop turning on the street before his place. When he got in my car this cop followed us for several blocks & into a gas station. A K-9 unit then arrived in gas station and they sat there while i pumped and followed us out. then proceded to pull me over. The reason for an air freshener hanging from rear view mirror- hit was tangled up in mirror and barley hung down a 1/2”.The k-9 unit was directly behind the cop that pulled us over and brought out his dog. the dog hit on the drivers side where he then proceeded a search and found 0.2 grams of THC under passenger seat. he also searched my purse found my small tin of lip balm that he took and asked what it was & i told him lip balm. He took it arrested me towed my car, didn’t secure it or write any inventory, wouldn’t let me have my purse or phone took me to the PD and released me. they arrested the passenger but released him on site and gave him his phone. we both were charged with possession. I requested the audio and video from the PD. Before I arrived at the pick up location the K-9 unit called the other cop and told him to look for any reason to pull me over as he has seen other cars come and go from that location earlier that night. 4 young men live there. In the police report the k-9 unit does NOT mention taking my lip balm which he thought was drugs (wax i suppose) & the other office report said the k9 came on his own accord & had NO communication with the K-9 unit & said it was a sizable abstuction hanging from my mirror BUT U can’t seen it in the video tape. Also, he lied bc on the audio u can here the cops talking to one another prior to pulling me over! Wondering if I can get this dismissed? suppressed? How do I handle the pre trial. Going into the judge Wed i guess to see if enough evidence to go to trial

You need an attorney.

 

[quincy]

What is the name of your state? What is the name of your state? WI
Hello,
At approx 430am i went to pick up a drunk acquaintance. Just before arriving to his location I noticed a cop turning on the street before his place. When he got in my car this cop followed us for several blocks & into a gas station. A K-9 unit then arrived in gas station and they sat there while i pumped and followed us out. then proceded to pull me over. The reason for an air freshener hanging from rear view mirror- hit was tangled up in mirror and barley hung down a 1/2”.The k-9 unit was directly behind the cop that pulled us over and brought out his dog. the dog hit on the drivers side where he then proceeded a search and found 0.2 grams of THC under passenger seat. he also searched my purse found my small tin of lip balm that he took and asked what it was & i told him lip balm. He took it arrested me towed my car, didn’t secure it or write any inventory, wouldn’t let me have my purse or phone took me to the PD and released me. they arrested the passenger but released him on site and gave him his phone. we both were charged with possession. I requested the audio and video from the PD. Before I arrived at the pick up location the K-9 unit called the other cop and told him to look for any reason to pull me over as he has seen other cars come and go from that location earlier that night. 4 young men live there. In the police report the k-9 unit does NOT mention taking my lip balm which he thought was drugs (wax i suppose) & the other office report said the k9 came on his own accord & had NO communication with the K-9 unit & said it was a sizable abstuction hanging from my mirror BUT U can’t seen it in the video tape. Also, he lied bc on the audio u can here the cops talking to one another prior to pulling me over! Wondering if I can get this dismissed? suppressed? How do I handle the pre trial. Going into the judge Wed i guess to see if enough evidence to go to trial

The charge is possession? Were you tested for drugs?

Here is a link to the law: http://norml.org/laws/item/wisconsin-penalties-2

If this is your first offense, the misdemeanor charge can result in up to a $1000 fine and up to 6 months in jail. But there is a good chance you can escape a criminal record through a diversion program - probation with program terms like serving your community for X number of hours, possible drug education classes, possible drug testing.

If you satisfy all terms of a diversion program to the satisfaction of the court, the misdemeanor charge will be dismissed.

There could be a question about the search of your vehicle if you did not consent to the search. Whether this will get the charge against you dismissed is a question mark.

I suggest you speak to an attorney in your area prior to Wednesday's hearing. If the attorney cannot appear with you on Wednesday to help you, the attorney will probably recommend you plead "NOT guilty" to the charge. Another hearing will be scheduled.

Before the next hearing, you will have time to meet with your attorney to go over the police stop and the evidence. The attorney can assist you in court for the next hearing. Rely on the attorney's advice.

Good luck.

 

[xylene]

What do you mean THC?

 

[CdwJava]

What is stated in the report may be brought up at trial to try and impeach testimony - assuming they testify as to events that contradict the report. But, keep in mind that a pretext stop is perfectly legal.

A narcotic dog's alert can be sufficient to support the probable cause necessary to conduct a search of the vehicle for drugs.

You need an attorney to help advise you on all of this.

 

[lostfaithinBLUE]

ok. I was thinking since the k-9 unit talked to the other cop well before getting pulled over for air freshener that they were looking to pull me over with the intentions of a search -pretext. This was caught on the audio call.
Then the officers report stated he had no prior conversion with the k-9 unit when that is clearly a lie as they talked before.
Yes it would be my first offense but i don’t smoke pot and have proof of that. Also i bought the car in late november from the kid i picked up who does smoke and the car was never cleaned out. it was a temp car for me and i am disabled. it would have been very difficult for me to stuff these buds under passenger seat. there was no smell of pot and no funny business in car or out in open that he would’ve suspected. as i stated the k-9 unit told the other cop to find any reason he can to pull me over bc he say 2 other cars come and go from there earlier in the night.
I am suppose to talk to an attorney tomorrow.
I used to support Blue but I have lost faith in them

 

[lostfaithinBLUE]

What do you mean THC?[/QUOTE

Pot. they found 0.2 grams

 

[quincy]

It is good that you will be speaking with an attorney in your area for a personal review.

It is possible that the police can justify the stop and the search of your vehicle but what you describe certainly raises some questions.

Good luck.

 

[lostfaithinBLUE]

I didn’t put the THC in quotes - or if i did it was a typo i thought someone asked me what THC was.....my mistake?

 

[quincy]

I didn’t put the THC in quotes - or if i did it was a typo i thought someone asked me what THC was.....my mistake?

I think there was just a problem with the quote feature.

xylene asked you about THC. Thank you for providing an answer.

The 0.2 grams is still a misdemeanor on a first offense.

 

[CdwJava]

I'd be surprised that the officers would want to lie about colluding to make the stop. It's done all the time and a pretext stop is not at all illegal. If there is a valid reason for the stop, and the subjective reason is job-related (i.e. not to find a date or to illegally harass someone), the stop is valid. It certainly is curious that one or both of them might generate a report denying some form of prior communication, but, it will be their testimony that will likely be the issue. Your attorney can raise the discrepancy to try and raise an issue of reasonable doubt through truthfulness, but, it might be easily explained. So, be prepared.

And, is your friend willing to jump on the grenade for you and lay claim to the marijuana?

 

[quincy]

It sounds to me as if the friend lostfaithinBLUE picked up at 4:30 am either lived in or was visiting a house known to police as a "common nuisance," hence the attention paid by the police and K-9 unit to lostfaithinBLUE.

 

[HighwayMan]

It sounds to me as if the friend lostfaithinBLUE picked up at 4:30 am either lived in or was visiting a house known to police as a "common nuisance," hence the attention paid by the police and K-9 unit to lostfaithinBLUE.

That certainly sounds like it's a good possibility.

 

[CdwJava]

They clearly had their eyes on the house in question.

 

[quincy]

... And, is your friend willing to jump on the grenade for you and lay claim to the marijuana?

I also think this ^^^ unlikely, especially if the friend has prior offenses.