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Pulled over for no reason, marijuana found

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J

juelze

Guest
What is the name of your state? Wisconsin

I was driving down a dead end road where I was going to empty out an ash try as I had recently smoked some marijuana. I got to the end and saw two police officers sitting in their cars with their lights off. Startled, I stopped, started to turn around and before I could put it in reverse they turned on their lights and came over and asked me what I was doing there. I freaked out and said I had problems with my car. They asked if it was okay to search my car. I said yes as I was extremely scared ( I know this was bad). They frisked me and asked if I had anything on me. I said no. They made me empty my pockets and I had a roach in my pocket. I must have put it in there as a reaction to the cops turning their lights on. After all was said and done they searched my car and found two marijuana cigarettes. I was only given a citation but I feel my rights were violated. I wasn't speeding, weaving, or doing anything wrong but driving to a dead end road. It was around 10:45pm when it happened but I wasn't violating any curfews or anything, I'm 22 yrs old. My question is...Can I get out of this in anyway??? I feel I was pulled over for not doing anything, I felt like this is entrapment. Please help!! I really appreciate it!!!
 


JETX

Senior Member
There is really no way that any of us can give you a definitive answer to your questions. You will need to consult an attorney in your area who will have an opportunity to determine the real reason why you were stopped and the validity of any search.

However, I will note that the police can simply say that you were acting suspicious and that could constitute sufficient reason to stop and investigate.

You really need to have someone local evaluate the situation.
 

I AM ALWAYS LIABLE

Senior Member
juelze said:
What is the name of your state? Wisconsin

I was driving down a dead end road where I was going to empty out an ash try as I had recently smoked some marijuana. I got to the end and saw two police officers sitting in their cars with their lights off. Startled, I stopped, started to turn around and before I could put it in reverse they turned on their lights and came over and asked me what I was doing there. I freaked out and said I had problems with my car. They asked if it was okay to search my car. I said yes as I was extremely scared ( I know this was bad). They frisked me and asked if I had anything on me. I said no. They made me empty my pockets and I had a roach in my pocket. I must have put it in there as a reaction to the cops turning their lights on. After all was said and done they searched my car and found two marijuana cigarettes. I was only given a citation but I feel my rights were violated. I wasn't speeding, weaving, or doing anything wrong but driving to a dead end road. It was around 10:45pm when it happened but I wasn't violating any curfews or anything, I'm 22 yrs old. My question is...Can I get out of this in anyway??? I feel I was pulled over for not doing anything, I felt like this is entrapment. Please help!! I really appreciate it!!!
My response:

If you didn't have the marijuana, what do you think would have happened to you?

IAAL
 

mandy7181

Member
they went after you because if you had nothing to hide you wouldnt have lit out of there like a bat out of hades(sorry for the expression). So they went after you to find out why you left all of a sudden. Sometimes cops just get a hunch about something. Kinda like a 6th sense.
 

Rochelle

Member
Just how would this be entrapment? The officers had as much right to be sitting there as you did to drive there. The only difference is, your behavior made them suspicious.

What do you think you should be charged with?
 
P

plifter

Guest
The officers must have a valid reason to make a traffic stop. You cannot be legally stopped because you look suspicous (4TH Amendment). With that being said, the cops will probably make up a reason as to why they stopped you ( broken headlight, reckless driving, expired tags, suspected DUI).

The biggest mistake you made was consenting to the search. You have the right to "JUST SAY NO" to a warrantless search. Still, you need to consult a lawyer on this. It sounds as if there were no grounds to stop you in the first place.
 

Rochelle

Member
plifter encourages everyone to ignore the law, ignore the cops and just be ignorant in general. You can read his old posts and decide for yourself if he's worth listening to. Just remember: who is more foolish? The fool or the one who follows him?
 
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plifter

Guest
So Ms. Internet Cop, tell me something... do they teach you at the police academy that you can make a traffic stop because someone looks suspicous?
 

I AM ALWAYS LIABLE

Senior Member
plifter said:
So Ms. Internet Cop, tell me something... do they teach you at the police academy that you can make a traffic stop because someone looks suspicous?

My response:

Tell me, Mr. Racist, aka plifter, aka Pecker Lifter, "do they teach you at" the Department of Motor Vehicles it's okay that - -


IAAL
 
Last edited by a moderator:

JETX

Senior Member
PeeBoy.... I can tell you two things....
1) They do teach police what constitutes suspicious activity and what may warrant a further investigation and
2) It doesn't take too long for an officer to develop a pretty good street sense for 'suspicious activity'.

Okay, let me give you a little street scenario that seems particularly important these days....
Officer driving down the street, stops at a traffic light and glances at the car next to him.. driven by an adult male.... with a young female passenger. The female has a 'panic look' in her eyes when she glances over at the officer in his car. She also looks like she has been crying, and appears to be upset.
Do you just chalk it up to 'oh, well, she's probably just having a bad day", or do you run the license plates on the vehicle and maybe drop behind the car and follow it a ways to see if the driver does anything wrong... to give you an 'excuse' to talk to the occupants???
Needless to say, listening to your 'internal alarms' could just save a life...... or it could just inconvenience a parent who just had an argument with his daughter!!
Personally, I know what I would do.... and have done! So go peddle your '4th Amendment crap' elsewhere!
 
P

plifter

Guest
Are you a cop? Tell us what happens if you make a traffic stop because you see a passenger with a "panic look" in their eyes. Now let's say you make this hypothetical stop and find marijuana in the vehicle. You then make an arrest for marijuana posession. How fast does the judge throw out the evidence you collected?
 

JETX

Senior Member
PeeBoy asked:
Q1) "Are you a cop?"
A1) Used to be.

Q2) "Tell us what happens if you make a traffic stop because you see a passenger with a "panic look" in their eyes. Now let's say you make this hypothetical stop and find marijuana in the vehicle. You then make an arrest for marijuana posession. How fast does the judge throw out the evidence you collected?"
A2) If I made the stop and found that the situation had a valid explanation, there is no search for marijuana, so your example is faulty. However, if I made the stop and there was an odor of marijuana in the car, or there was a cloud of smoke when the drivers opens the window, or there was a visible 'roach' (or crack pipe, or other evidence) in clear view, or there was simply a valid reason to suspect the driver, the arrest for possession will stand.
 
F

Fast Twitch

Guest
Halket said:
PeeBoy asked:
Q1) "Are you a cop?"
A1) Used to be.

Q2) "Tell us what happens if you make a traffic stop because you see a passenger with a "panic look" in their eyes. Now let's say you make this hypothetical stop and find marijuana in the vehicle. You then make an arrest for marijuana posession. How fast does the judge throw out the evidence you collected?"
A2) If I made the stop and found that the situation had a valid explanation, there is no search for marijuana, so your example is faulty. However, if I made the stop and there was an odor of marijuana in the car, or there was a cloud of smoke when the drivers opens the window, or there was a visible 'roach' (or crack pipe, or other evidence) in clear view, or there was simply a valid reason to suspect the driver, the arrest for possession will stand.
No the arrest would not stand because there was no cause to make the traffic stop in the first place. If you stopped someone for speeding and then saw the marijuana then yes that would stand. There has to be a reason to make the traffic stop however. Someone "looking suspicous" is not grounds for a traffic stop regardless of what they taught you at the police academy.
 

Rochelle

Member
First of all, if you see me and act startled, then I will pull you over. While your nervousness is not enough to constitute a search, let me remind you that I can smell that cannabis you've been smoking in that car. It's stinking up the interior. So when I ask you what you're doing there, between your suspicious actions and the smell, I have enough reason to ask to search.

And you know what? I'm willing to take my chances with the judge. Either way, I might lose, but you didn't get to keep whatever drugs you had on you.
 

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