Let's say you're at a friends condo and you're in the parking garage about to leave and a cop drives by and you all look at him suspiciously but continue with the leaving. And then on the bottom floor he pulls you over and searches the car with consent and finds illegal substances. In the addendum for probable cause he states the reason for pulling the vehicle over as he observed many movements from inside when he was behind the vehicle. question is this: Is it legal to pull someone over for that, if not can the marijuana charge be upheld, and can all 4 individuals be charged? Also, if the individuals know they were not moving around inside the vehicle, can the video from the camera in the cop car be brought in and if it is found they were not mvoing can the charges be dropped?
2006-11-23 19:17:14 · 9 answers · asked by iwannariot08 1 in Politics & Government ➔ Law Enforcement & Police
The only question here is the legality of the stop. The officer will have to be able to articulate why he stopped you and convince a judge that it was legal. Factors such as the time of day he saw you sitting in the parking structure, any recent pertinent criminal activity in the area (car burglaries, drug dealing, etc.), exactly what movements he saw in the car, etc. will all be considered in determining whether or not the initial stop was legal.
If the stop is deemed legal, the rest is a gimme. Searching the car with consent, as you stated in your question, is all good. All people in the vehicle can be charged with possessing contraband found in the car. If someone "man's up" and claims possession, it is likely that the charges against the other parties would be dismissed.
The video from the police dash cam, if there is one, would be admissible. Remember that it only records straight ahead and the officer could testify that what he saw was occurring out of the view of the camera.
Good luck!
2006-11-23 19:48:46 · answer #1 · answered by James P 4 · 2⤊ 0⤋
He has to have a reason why he pulled you over, five people in a care isn't a good reason. If you ran a stop sign, or failure to signal is another, but he can't just pull you over and search your vehicle without cause. Why did your friend consent to the search anyway.
As for the charge whoever owns the vehicle will get charged with the marijuana because you can say that you had no idea it was in the car your friend was giving you a ride to the store.
2006-11-24 13:14:56 · answer #2 · answered by King Midas 6 · 0⤊ 0⤋
First of all what you were pulled over for does not require an search. Now if anyone was on probation then they have a leg to stand on. You see they cannot pull you over and harrass you. You should not consent ever. Thats the key word YOU DON'T CONSENT...Next it was not an illegal search or seizure cause you gave consent. So trying to get out of it is impossible unless you want to pay a lawyer to play snake in the pit. So the moral of the story the thing that would make a big difference is don't give the police help cause they are looking to fry you. They see dollar signs when they get calls for help trust that. A crime always has to have a victim. A drug is a victimless crime people need to wake up and see what is going wrong. All the wrong that we knew growing up is this" ALL THE WRONG IS RIGHT NOW, AND ALL THE RIGHT IS WRONG.
It is not legal to be pulled over for harrassment. A search is only made when it is believed they is a crime in progress.
And finally Our civil rights will bear no worthyness if they arent worth fighting for. Good luck. Fight till you can't fight no more, there's your answer.
2006-11-23 22:41:19 · answer #3 · answered by capster 2 · 0⤊ 0⤋
The inspection of the car must have a valid reason just like in a checkpoint and the inspection must be only on plain view without searching the car. In this case, there was only suspicion with no warrant of arrest. Likewise, a search was made on the car.
In the light of the foregoing, there was an invalid search under the law. Thus, file a case of illegal search against the cops.
2006-11-23 19:47:14 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
I would bet that you have such an ego that you think he was watching you, when he wasn't at all. He drove in a path and timing that was coincidentally similar yours. But let's say he was following you. Cops have experience in certain patterns and signals that you are totally unaware of. He might have received a 9-1-1 call complaining about a car that looks just like yours. He might have received a call complaining about two people who look just like you and your bf. At the end of the day, he can be out in public just like you can. Are you trying to take away his constitutional rights?
2016-05-22 21:50:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm not a lawyer, but you are kind of starting with your foot in a hole on this one. "searches the car with consent"-You feel that he had no probable cause but yet consented to the search? "you all look at him suspiciously"-but yet you were doing nothing suspicious? Aren't his "many movements" and your admitted furtiveness one and the same? That being said, good luck with that.
2006-11-23 19:42:16 · answer #6 · answered by michinoku2001 7 · 1⤊ 0⤋
It depends on the State and county you are in. In such a case as this in most cases you can ask for the case be heard by a circuit court Judge. He may or may not throw the case out of court, but lets face it, we have crooked law enforcement personnel everywhere so they could claim they didn't have a camera or that the camera was not working etc. Good luck, you may need it.
2006-11-23 19:30:35 · answer #7 · answered by Anonymous · 0⤊ 2⤋
be prepared for them trying to bully you into pleading guilty for something. Once I was forced to pleaded guilty to trespassing - in a public parking lot!
2006-11-23 21:02:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It's called "reasonable cause". Good luck fighting that one.
2006-11-23 19:19:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋