Hi, i recently recieved a MIP of alcohol,so i was wondering what are car searching procedures?need loop hole?

Question

sitting parked, lights off and truck running...sheriff got out of truck and ran up to us and opened the door...also had dog pulled on us, he walked round truck and got inside with no barks or smellin of anything..this was after truck had already been searched once..i need to find loop hole cuz i wanna fight this

in front of a school..the parking spots along the street

also the charges on me were mip of alcohol, my friend recieved a O2 and drug paraphilnila

there was no suspicion from us what so ever..we were just sitting in our truck..there was beer cans on the ground in front of school but like 10 parking spots down from us...we were sittin in truck,with lights off and engine running just talkin and drinkin our beers

thanks so much

ok more info for everybody...the beer cans were hidden by the time he arrived to our vehicle..he never knocked on the vehicle , he just open our door and said not to hide the alcohol,but that might be cuz a can fell out as he opened the door...ppl i hope you do realize, i recieved an mip of alcohol, not an O2 or paraphilnila...i have every right to fight it by the power of the US consititution, i give them power to use it, i also have the power to use it against them..i want to fight this on the basis of unfairly obtained evidence

Answer 1

I'm not sure about the legalities of searching, but you're lucky not to get a DWI or something like that. All they need is for your vehicle to be running to get you for that.

Answer 2

So, if I understand this right, you were a minor who had alcohol in his car and you don't want to take responsibility for that? The judge will see that a mile away - expect the maximum if your legal theory is: "It wasn't fair to punish me just b/c I broke the law."

Also, I bet the officer's report is much more detailed and specific than what you put out here. For instance, what time was it? If school was closed - late at night - it is suspicious that people are sitting in the parking lot. What state - laws vary, so does how juveniles are treated. What do you mean by search? Did he just look inside, or did he move things and get inside the truck? Where was the alleged alcoholic beverage at? Center console, under the seat?

A lawyer might be able to come up w/ a better argument than that, but it will cost you a lot more than just pleading guilty.

--Z--

Answer 3

I give to you this scenario; (Please Read Entirely)
Say your a cop, and on routine patrol you spot a vehicle sitting parked, in front of a school, occupied by two unknown persons and when you come up on them the vehicle is running as if to make a fast getaway, or maybe to keep warm. Upon your initial search of the vehicle, you find alcohol and a minor with alcohol on his breath. First let me tell you, Under the Laws of "Reasonable Suspicion" this one is text book. As much as you might think about a "Loop-Hole" I'm afraid on this one your only digging yourself deeper if you try to fight it. I might suggest you ask the Judge for "Deferred Adjudication", and hope for the best.
If this is a first time offense and your juvy record is pretty clean the chances are very good. Deferred Adjudication is where a Judge finds you guilty of the offense and instead of locking you up your placed on a Deferment of the sentence. It would go something like this: Judge ' I hearby find you guilty of the offense and sentence you to 6 months in the County Juvenile Center BUT, I will suspend that sentence and place you into the Deferred Adjudication Program for a period off 1 year. If you abide by the terms and conditions of this Program the charges will be dismissed from your record as if it never happened'.
This is your best bet !
GOD BLESS/GOOD LUCK!!

Answer 4

Alright, according to the 4th Amendment you have the right to be free from unreasonable searches and seizures.

That being said and not knowing the full details of your situation he may have had reasonable suspicsion that you were up to no good by the simple fact that you were (presumably) on school property when you shouldn't have been. He may have seen you drinking the beer? The full details of the situation would need to be known. Get a copy of the police report and it will fill you in as to why he did what he did. Then ask a lawyer if you have a case.

Answer 5

i didnt understand what an mip was, but anyways, it seemed like the cop didnt have the authority to just open the door and put a dog on you. they;d normally knock on the windows and ask for info like wheres your drivers licence- they have every right to go up to that point - and if they then see or smell something that arouses suspiciion they may make further inquiries- some countries have laws that allow cops to breath test u arbitrarily, but in this case, i dont think he had probable cause to amount to a reas suspicion that there was anything suspicious- as you could have been waiting for someone

given that to be the case, i suggest you challenge this- the way to do it is to plead not guilty and try to get the judge to say that the evidence that convicted you was obtained unfairly and shouldnt be admissible and you'll get off that way

as a muslim, i am against drug and alcohol abuse. but i believe that what people do in their homes or in their cars should not be subject to random and surprise searches from the police as thats against our basic human rights

Answer 6

Read the 4th amendment to the Constitution of the United States of America. Probable cause> ON the other hand if you had drugs and or alchohol in the vehicle>and it was running. You are screwed! Plead guilty and sin no more.

Answer 7

The officer should point out the alleged alcoholic container to you and ask you to hand the container out of the car to him/her.
If instead they just produce (from somewhere) a container and say they found it in your car you might then argue that you never saw it in your car. It would help if you had a passenger that could testify that they never saw you in possession.

Answer 8

No loop hole for you. You actually gave the cop a loophole for him to not need a warrant to search your vehicle.

Answer 9

Do the crime , so do the time, or fine????