Okay I am a resident of Florida, one of the harshest states in regards to Marijuana prosecution and have some questions in reference to my recent notice to appear and investigation; there were no arrests and no fines given at the time I was pulled over, only the notice to appear.
Details on my case:
-19yrs. old
-Pulled over for tag light being out
-no priors
-presented my information (licence and insurance) in a timely mannor
-no gang/distribution/transportation involvement, and caught with <20g *misdemenoir, and possession of paraphenalia (2 pipes, one packed with a TINY bowl... less than .5 grams)
What Happened:
-While driving under the speed limit down a 45mph road in my town with my Girlfriend I was pulled over by an officer for a bad tag light. The first officer was accompanied by a second driving the dodge challengers they recieve for meeting ticket quotas, and a third officer. I pulled over into a elementary school parking lot and was questioned by the first officer whether I knew my light was out, I was asked to exit the vehicle and was shown the light. Two officers were with me at the time and explained the problem (bad light) and I explained that I had bought the car from an officer and had spent a lot of money on fixing it...
out of nowhere the officer who pulled me over asked if he could search my vehicle and the other officer (dodge challenger officer) said it was only because they are part of the drug task force (a drug division of some sort) and that this road was heavily sued for drug trafficing, I said no and said I'm not trying to be rude I just wanted to deal with the tag and get home, he asked me where I lived and I told him. He then began to say if I did not consent they would call drug dogs, I still said no and he went to his vehicle. When he returned he said that if I consented they could help me, but if the dogs got there they could not. I also answered when asked if there were drugs/substances/something to that effect in the car with "no." I asked if the drogs were coming for a mere tag light and he said they could, out of fear and pressure (I get stressed very easily, gf says I have an anxiety disorder) that they could search it and that there was marijuana in the car. I was very compliant from this point and presented the officer with everything, as well as volunteered to be patted down. They made my girlfriend empty her pockets and everything, as well as search the car. We were told to sit on the curb while the checked and did as told.
-I was given a notice to appear and told that this did not mean I was pleaing guilty to anything.
*After all was said and done the officer explained to us that when he was young he did the same thing, and that if your gunna smoke your gunna smoke, but to stay outa trouble (really nice guy). BUT when I asked what gave him probable cause he replied with "YOU WERE NERVOUS and said NO"
Here lies my question:
I have done a lot of reading and read that an officer cannot detain you longer than it would take for the offense to take (tag light). So how could he bring dogs into the situation on probable cause of "being nervous." I read that nervous behavior alone is not grounds for probable cause. Again I had no priors, no affiliation with any illegal activity, and explained that being pulled over makes you nervous.
I have a court hearing and do not want to be rude to a judge, should I bring any of this up?
Do I have grounds for dismissall?
Is my case worthy of the exclusionnary rule?
I have no idea what to do on my court date (never been to court) besides dress nice, shave, and show up.
ALL advice would be greatly appreciated, appoligize for the length of this post but wanted to be thurough.
Details on my case:
-19yrs. old
-Pulled over for tag light being out
-no priors
-presented my information (licence and insurance) in a timely mannor
-no gang/distribution/transportation involvement, and caught with <20g *misdemenoir, and possession of paraphenalia (2 pipes, one packed with a TINY bowl... less than .5 grams)
What Happened:
-While driving under the speed limit down a 45mph road in my town with my Girlfriend I was pulled over by an officer for a bad tag light. The first officer was accompanied by a second driving the dodge challengers they recieve for meeting ticket quotas, and a third officer. I pulled over into a elementary school parking lot and was questioned by the first officer whether I knew my light was out, I was asked to exit the vehicle and was shown the light. Two officers were with me at the time and explained the problem (bad light) and I explained that I had bought the car from an officer and had spent a lot of money on fixing it...
out of nowhere the officer who pulled me over asked if he could search my vehicle and the other officer (dodge challenger officer) said it was only because they are part of the drug task force (a drug division of some sort) and that this road was heavily sued for drug trafficing, I said no and said I'm not trying to be rude I just wanted to deal with the tag and get home, he asked me where I lived and I told him. He then began to say if I did not consent they would call drug dogs, I still said no and he went to his vehicle. When he returned he said that if I consented they could help me, but if the dogs got there they could not. I also answered when asked if there were drugs/substances/something to that effect in the car with "no." I asked if the drogs were coming for a mere tag light and he said they could, out of fear and pressure (I get stressed very easily, gf says I have an anxiety disorder) that they could search it and that there was marijuana in the car. I was very compliant from this point and presented the officer with everything, as well as volunteered to be patted down. They made my girlfriend empty her pockets and everything, as well as search the car. We were told to sit on the curb while the checked and did as told.
-I was given a notice to appear and told that this did not mean I was pleaing guilty to anything.
*After all was said and done the officer explained to us that when he was young he did the same thing, and that if your gunna smoke your gunna smoke, but to stay outa trouble (really nice guy). BUT when I asked what gave him probable cause he replied with "YOU WERE NERVOUS and said NO"
Here lies my question:
I have done a lot of reading and read that an officer cannot detain you longer than it would take for the offense to take (tag light). So how could he bring dogs into the situation on probable cause of "being nervous." I read that nervous behavior alone is not grounds for probable cause. Again I had no priors, no affiliation with any illegal activity, and explained that being pulled over makes you nervous.
I have a court hearing and do not want to be rude to a judge, should I bring any of this up?
Do I have grounds for dismissall?
Is my case worthy of the exclusionnary rule?
I have no idea what to do on my court date (never been to court) besides dress nice, shave, and show up.
ALL advice would be greatly appreciated, appoligize for the length of this post but wanted to be thurough.