Warrant mistake!?

Question

I was stopped for ""speeding". I gave then my name and birth date since I did not have my license on me. They said there was a warrant for me. They arrested me and then found 8 oz of weed in the trunk.

I looked at warrant and they put down "no race", "no hair" and "no ssn". They also put down the wrong birth date. WHAT CAN I DO???

Answer 1

Find the attorney Paris Hilton used to get her out of jail after 3 days, cuz honey, you're going to jail.

Answer 2

To properly answer, I need a little more information. If the warrant was an instate warrant, you don't have much option other than to be transported back to the issuing jurisdiction and then fight out the issue of whether you are the person listed in the warrant. As far as the evidence found, I do not think you will be able to argue that the evidence found should be suppressed because the cops acted with a reasonable belief that you were the person listed in the warrant, and the search of your vehicle was a proper search incident to arrest and a proper tow inventory (provided there was no other valid driver in the car with you). I do not think that the warrant has to have specific information such as race, hair color, or Social Security number. It helps, but it's not fatal to the State's case.

If the warrant was out of state, it probably doesn't matter now since you apparently are already out of jail on bond, but you could have forced the arresting agency to prove you were the person listed in the warrant before you were extradited back to the issuing jurisdiction. But like I said, probably too late now.

Answer 3

An arrest warrant does not have to have all the personal information, only what's available when the warrant is issued. It is not unusual that hair color, race, or SSN to be absent from the warrant. As for the DOB, most of the time if it is not known they will list 01/01/01, or similar. This is perfectly legal, and the warrant will not be void because of this. Even if the warrant is found to be invalid for some reason, the officers were still within their rights to search and arrest on the weed under the "good-faith doctrine". They had reason to believe that a warrant existed, and made an arrest based on that.

Answer 4

Well first of all, were you wanted on a warrant of any kind?

Second, shouldn't you be hiring a criminal defense attorney? I suggest it.

Third, if they arrested you, they had a right to do a search incident to arrest, and if they found half a pound of weed in your trunk, I would guess under the good faith exception, they had a right to search your car and inventory its contents before impounding it.

Fourth, you should never be out and about with 8 oz of drugs in your trunk. That's a no-no. Remember, though most of us normal people out here don't care if you use pot, the government has a zero tolerance policy and will crush your nutz, fruits and skull over a possession charge.

Good luck but a good lawyer could reduce the charges or sentence.

Answer 5

Even without the warrant, they CAN arrest you for not having your license on you. They rarely do, but they can. The officer did not see the actual warrant before arresting you. If they called in the information they had, and were told a warrant existed, they had reason to believe a legitimate warrant existed. Even if the warrant was not for your (you never actually said it wasn't), that does not invalidate the search as long as it was made in good faith.

Answer 6

If your pulled over w/out having your license on you, they're supposed to ask you your name and SSN not your BDay. Take your complaint to court, and argue that they have the wrong person. With the warrant not describing the race, hair color, or ssn you have almost enough evidence to be let go, and a cop getting into trouble. However you might have a hard time getting your weed in the truck past the jury/judge.

Answer 7

Go to court and get what's coming to you. You were in the wrong at least for the pot.