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A cop pulled my friend over in June of 06 for speeding. He searched the car and found just under an ouce of marijuana along with a grinder, a "one hitter", and other forms of paraphanelia. His reason for searching the car was because she had just dropped off someone at a suspected drug dealers home. The person suspected of being a drug dealer is not a dealer, the cop just thought they were. The cop didn't give my friend a ticket that night for anything... He just said that he would be in contact with her. He impounded the car and told her to pay the fine and she would get her car back. When she showed up the cop took the money and told her to tear up the paperwork from the night before. She hasnt recieved any word from the cop about that night, no paperwork, nothing at all. How long does that cop have until he isnt able to give her a ticket or take any kind of action?

2006-09-29 14:21:20 · 18 answers · asked by Eddie P 1 in Politics & Government Law Enforcement & Police

18 answers

Too many questions left unanswered in your question. Was consent given to search? You may not think the house is a drug house but is it on a list the PD has. Was there any other reason to do a search - given what all was found, I would bet there was.

Oh, and contrary to popular belief, in most jurisdictions the Statute of Limitations on a misdemeanor is one year.

2006-09-29 15:29:19 · answer #1 · answered by APRock 3 · 0 0

Ok

1. just becuase you leave someones house is not ground to search the car. They can't do it, He can ask to search and if they say yes, but if she said no, they can't search.

And why did he impound the car ? no you can't impound a car unless there is a criminal act and that act is charged, A ticket for possession would not be enough to get car impounded.

And enxt the cop would not be the one at the impound yard, it would merely be a warehouse or garage attendent and a clerk who gets the money.
And it would be at a impound yard not a police station

The cop never takes the money on an impound, that is done by a clerk who gives them a reciept to get thier car back.

Next what papers to tear up, all she got was a impound from what you said.

So what you just said, just can't have happend, no dept works and follows those sorts of procedures.

But to answer your question, depends on the statue of limitatoin for possession in your state 1 to 3 years most likely.
But they would have had to take the pot as evidence and log it into the evidence locker,

2006-09-29 16:36:24 · answer #2 · answered by Anonymous · 0 0

If he didn't have or give a reason for searching the car then it was not legal especially if consent wasn't given unless any of these items were in plainview of him. Anything after that would be considered inadmissable as "fruits of the poisonous tree". In other words, evidance found during an illegal search is not allowed even if it is illegal because it would not have been discovered if the officer acted in a lawful manner. I hope she didn't tear it up and she should have been given paper work for paying the impound fee. I'd be contacting the I.I.D and telling them this story because she got played by a dirty cop.

2006-09-29 15:11:45 · answer #3 · answered by rj e in new york 2 · 0 0

I'm not sure. Though something sounds a little odd. Did she actually tear up the paper? I would hang on to anything concerning that situation. I would not be the only one without paperwork or information when things start to get hairy. Chances are, if she was going to be charged, she would have known then. An ounce is not a major offense. But I would be curious to know why they instructed her to tear up her paperwork. Maybe they are trying to make the whole incident disappear.

2006-09-29 14:28:56 · answer #4 · answered by Speaking_Up 5 · 0 0

An oune of marijuana in most states is a felony arrest so the case sounds suspicious. I would not say anything the state attorneys office should contact the defendant via postal mail or a sherriff deputy will arrive at the house.

2006-09-29 14:35:39 · answer #5 · answered by jwurm99 3 · 0 0

There are local WWW. sites that you can look for "wants and warrants" under. Was it a local or county or state police that pulled friend over? Chances are with ALL that BULLSHIT your friend has NOTHING to worry about.... again look under court dockets for that area, depending on what JURISDICTION she was pulled over in or by.

Sounds like a crooked cop kept the weed to me.Happens all the time , but better than really being busted I guess.

2006-09-29 14:43:10 · answer #6 · answered by yar_tenrag 2 · 0 0

She was scammed. But the alternative would be jail time or a ticket of the event and that would be on her record for life, my brother was written up for simple possesion ( 1 joint) and some years later when he tried to get into assisted public housing he was denied.

2006-09-29 14:29:36 · answer #7 · answered by rc 3 · 0 0

It sounds to me like the officer did not have PC to search the car in the first place. My bet is his SGT. told him there was no case and make this go away before we get in trouble for illegal search and seizure. The reason he gave to search the car is not valid PC. your friend is safe trust me been down that road on the cop side.

2006-09-29 14:30:28 · answer #8 · answered by leterbuck 1 · 0 1

sure, surely, I even have! some months in the past, it became into pouring down rain to the ingredient the place i could not see something, so i became into going to drag into the homestead Depot parking zone and look ahead to the rain to enable up. nicely, on my thank you to the parking zone, a cop pulled me over and recommended me that i did not come to an entire end 3 blocks in the past. I acted rather sorry and stored asserting back and back that i could not see something. and that i attempted to make my voice quiver so he'd think of i became into approximately to cry. interior the top, he "enable it slide".

2016-10-15 08:53:50 · answer #9 · answered by ? 4 · 0 0

Most states are 30 days !

2006-09-29 14:23:20 · answer #10 · answered by schlongy1969 2 · 0 0

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