pulls me over. it is 11pm and he says he pulled me over for a cracked windshield (minor crack, not visible at night from any distance). he asked for id, which was in my wallet under the seat. he would not let me get it out, made me get out of the car, then searched it. he found drugs under the seat (which could have been mine, or the 2 female passengers in my car). long story short, got drug charges for possession and sales. he let the 2 girls go and arrested me. i have been to court 4 times for postponments. my lawyer filed a motion to dismiss, but the DA keeps postponing it. what is he trying to do? there are pictures proving the crack was not visible, and i think it is harassment or discrimination. what do you think? i am a man in central california with previous DUI's and a prison record for same. {This is what happened to a friend of mine} and I am curious what you think is going on. thanx for your input.
2006-10-18
20:22:43
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10 answers
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asked by
Anonymous
in
Politics & Government
➔ Law Enforcement & Police
nobody was drinking or speeding or under the influence. there was no obvious reason for getting pulled over. there were no mile markers, etc, it was just a half a city block in distance.
2006-10-18
20:35:58 ·
update #1
the crack i am refering to is the cracked windshield! also, he has no strikes, and no strikeable offenses, not under the influence and not tested either, the drug was meth.
2006-10-19
05:27:39 ·
update #2
no.1 In Calif.a police officer doesn't need a reason to pull you over.
no.2 He wouldn't let you get your wallet fearing you may have a weapon.
no.3 If you were in prison and on parole he doesn't need a reason to search you or the car. If not your probably driving under suspension
that gives him the right to search also.
no.4 Visible or not, if drugs are in the car your driving its yours. even if
the car isn't yours.
no.5 If the dopes over a gram (1 oz. for pot)and in more than one bag, its for sale.
no.6 with your knowledge of the law, its apparent you have a long
criminal record, or a strike or two, the d.a. is most likely trying to build a strikable case. (get a good lawyer)
also you probably made eye contact with the cop driving the other way, WRONG. 9 times out of 10 if you make eye contact they feel your up to no good.
2006-10-18 21:26:12
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answer #1
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answered by nick a 2
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Driving with crack under your seat, previous DUIs...you deserve what you get. By reaching under your seat you could have been trying to hide the crack (after the fact), and this is legitimate in that for all that cop knew you had a gun under the seat. Should he have waited to find out if it really was your wallet? This gave the cop legitimate reason to search your car.
Obviously you don't see how crack has totally f-d up your life. Rather than blame the cop and cry injustice, quit the crack.
No one wants to share the road with someone on crack, you are going to kill someone! And you are dealing too...I hope they throw the book at you.
2006-10-18 20:36:45
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answer #2
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answered by brat789456 4
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Sounds to me like he caught you speeding by watching the mile markers you passed and then stopped you. If you appeared intoxicated then he searched your car. If he found crack in your car then you were busted because it was located on your property, hence, you are responsible for posession of it. If you are charged with sales then the amount must have been substantial. When you say DUI's plural, then it means you clearly haven't learned your lesson. Harrassment, discrimination against what? Being a documented repeat offender who could kill a family on the road for being stupid enough to drive drunk more than once and get caught? Dude, you deserve what you get. You should never be allowed on the road, and I hope the hell they keep you off it for the rest of your natural life.
2006-10-18 20:32:59
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answer #3
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answered by Anonymous
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If you were obeying the law, that would never have happened to you. That has never happened to me. So, you are trying to say it is the cop's fault and the court system. The crack in the window probably caught a reflection of light that it was visable to him. Had you been a law abiding citizen he probably would have given you a warning to get it fixed and let you go--but no, you were not a law abiding citizen and you want to blame the cop. OK You go right ahead and blame the cop. You will still be charged. Sorry. Smile
2006-10-18 20:43:06
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answer #4
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answered by old_woman_84 7
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You keep your wallet under your seat? Why? what's wrong with your pocket? Sounds far too fishy to me. I think you're spinning us a line which no one here is biting. Does CA still have the "Three strikes and you're out rule"? If so, you need a really good lawyer cos it seems to me you are going behind bars and staying there. The loss of your driving privileges will then become otiose.
2006-10-19 00:33:59
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answer #5
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answered by skip 6
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properly, here is your actuality examine. A restraining order is an order from the courtroom that restrains you from seeing her. The courtroom won't purely randomly sign off on a restraining (or no-touch) order on the request of her mum and dad. The courtroom will prefer to appreciate the finished deal, and could come to a determination if that's in her terrific interest which you're ordered to stay faraway from her. If the courtroom themes the order, you won't be able to call her, write her, deliver facebook messages, see her, textual content her, or be in touch along with her in any way. in case you violate the order, you would be arrested and delivered to detention center. ok, that's the criminal mumbo jumbo. Now, we get on your grand plan. you artwork she would have the ability to get the order bumped off whilst she turns 18. a good plan, different than: the courtroom has compelling evidence which you're no longer a sturdy impression (or notwithstanding the factors for the order became) and could no longer purely rapidly rescind the order to any extent further truthfully than it may undertaking the order. The decide might come to a determination to leave the order in place for months...or perhaps years. Orders of secure practices, restraining orders, no-touch orders and problems with that ilk have a existence of their own. they're the decide's reaction to a undertaking, and the decide could be reluctant to alter his thoughts in one in all those short volume of time. I comprehend which you and he or she are suitable for an further yadda yadda, yet i urge you to formulate a 'plan b' like possibly finding for yet another female pal if it seems you won't be able to have this one. existence is a humorous undertaking. you are able to comprehend its ill humor each and every now and then. greenback up, guy. this could all in all probability artwork out. mom and pa gets over being mad, you will ask for forgiveness for notwithstanding it rather is you are able to desire to ask for forgiveness for, and all would be appropriate with the worldwide. -Stuart
2016-10-02 11:03:33
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answer #6
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answered by bungay 4
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If he found it, then you are screwed. Some how he got you to agree to a search. Its all in that link at the bottom. All I can say is you and every one should watch this video so you know how to handle future run ins with the law.
its a lil corny but im sure it'll help some one in the future:
http://www.download.com/3000-2144_4-10315544.html
2006-10-18 20:26:04
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answer #7
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answered by Louis T 3
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a cop can search a vehicle upon suspicion of a crime. did you give him permission? plus the driver of the car is always responsible for whats in it unless the passengers actually had the drugs on their persons the responsibility is yours. sounds like you're in for some time, why not try a plea bargain
2006-10-18 20:26:28
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answer #8
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answered by Anonymous
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i think you deserve to go to jail for having crack or associating with people who did, you took that risk by being the one driving
2006-10-18 20:27:14
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answer #9
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answered by Anonymous
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If there hadn't been drugs under the seat, there'd have been no problems.
2006-10-18 20:30:20
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answer #10
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answered by Anonymous
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