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Probable cause? illegal search?

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baghead

Junior Member
What is the name of your state? I was arrested in california while in the process of moving to Arizona. I would like to start out saying that being arrested turned out to be a very good thing for me. It was a miserable experience but it made me open my eyes, grab my boot straps and get out of the "situation" I was in. I have been drug free for 6 weeks now. That may not sound like a lot but 6 hours use to be a long time. I am looking to beat this on a technicality for some obvious and some not so obvious reasons not to mentio
n I do not believe the police officer was acting in a legal or fair manner.
Here are the details: I was leaving a storage facility at aproximately 1:00 a.m. My girlfriend lived and worked at the storage facility. We were moving the last of her stuff out and heading to a hotel where I had checked in earlier. We wanted to leave first thing in the morning. I pulled out of the facilty making a right turn on to a two way street. I noticed a police car coming from the opposite direction. It appeared he was following a vehicle. After passing us going the opposite direction he made a U turn and pulled us over two tenths of a mile from where he made his U turn (I went back and checked the distance a few days later). When the officer came up to my window I handed him my license, registration and insurance card. I then asked him politely why he had pulled me over and he replied that the trailer ball on my bumper was blocking his view of one of the numbers on my license plate. This is a 2004 Chev PU truck with a stock bumper with a 2" ball in the factory made hole for that purpose.
I realized right away that this was not the time to question his judgement. He then asked me to get out of my truck. He asked if I had any weapons or drugs in my possesion and I said no. He checked my pockets and then I was told to sit on the curb. He then looked around the seat and floor of my side of the truck. He then goes to the passenger side and asked my girlfriend to step out of the vehicle. Once outside he asked her if she had any weapons or drugs and much to my surprise she responds yes and hands him a small plastic zip lock with meth in it. He then calls for back up cuffs both of us and they procede to tear apart my truck where they found two glass pipes one in a trash bag and one in some luggage. I was charged with under the influence (never tested) possesion of a controlled substance and posession of paraphonelia. Like I said in the begining I'm not claiming I never did anything wrong. I am just trying to avoid the problems that this will cause to further employment and the rest of my life. By the way I am 52 and my girlfriend is 47 and neither of us have ever been arrested for any kind of drug problem.
I will thank you in advance for any kind of input any of you may have.
 


BelizeBreeze

Senior Member
The search was perfectly legal although you MAY be able to beat the first two charges, don't count on beating the possession of "paraphonelia" whatever that is.
 

CdwJava

Senior Member
baghead said:
I do not believe the police officer was acting in a legal or fair manner.
From what you post, it seems he was.


Here are the details: I was leaving a storage facility at aproximately 1:00 a.m.
That would sure have caught my attention! 1 AM out of a storage yard! That just screams theft, dope, or some other illegal activity.


When the officer came up to my window I handed him my license, registration and insurance card. I then asked him politely why he had pulled me over and he replied that the trailer ball on my bumper was blocking his view of one of the numbers on my license plate. This is a 2004 Chev PU truck with a stock bumper with a 2" ball in the factory made hole for that purpose.
An obstructed license plate - while cheesy - is certainly a valid stop under CA law. And had I seen you pulling out of a storage facility at 1 AM I would have done the same thing.


I realized right away that this was not the time to question his judgement.
Good call.


He then asked me to get out of my truck. He asked if I had any weapons or drugs in my possesion and I said no. He checked my pockets and then I was told to sit on the curb.
Perfectly lawful and good procedure.


He then looked around the seat and floor of my side of the truck. He then goes to the passenger side and asked my girlfriend to step out of the vehicle. Once outside he asked her if she had any weapons or drugs and much to my surprise she responds yes and hands him a small plastic zip lock with meth in it.
Oops! Loks like those instincts of the officer's paid off!


He then calls for back up cuffs both of us and they procede to tear apart my truck where they found two glass pipes one in a trash bag and one in some luggage.
Oops. Forgot about those items, did we? Oh ... wait ... I bet they were hers, right?


I was charged with under the influence (never tested) possesion of a controlled substance and posession of paraphonelia.
A test is not always necessary in some counties depending on the qualifications of the officer. But, it certainly helps.


By the way I am 52 and my girlfriend is 47 and neither of us have ever been arrested for any kind of drug problem.
Not having been arrested just means you haven't been caught. You admit at the outset you have been clean for only 6 weeks, so you DO have a drug problem.

You should be eligible for Prop. 36, so never fear, you will get a free bite at the apple with only counseling and probation to worry about. Although the planned move to AZ may be a tad delayed.


- Carl
 

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