ok i was on the freeway going at regualr 65 mph speed, i saw a high patrol car right behind me but he did not siren or turn his lights on, after 30 sec to a minute he turned his lights on and siren. there was nowhere for me to pull over because there was a merging lane to my right so i stayed in my lane and got off the freeway at the next exit because i felt it was the safest thing for me to do , wen i got off the freeway i pulled into a neighborhood. after i stopped he ordered me to get out of the car and cuffed me,he asked me why i was running from the cops and i said i was looking for a safe place to stop. he then started to search my car and found less than a gram of marijuana. after he wrote all the paperwork he told me that i was pulled over for tinted windows.. was the search legal??
also can the cop prove that i was "trying to run away" without writing anything about it on the citation
also he did not read my miranda rights to me
i need help
2007-07-01 07:54:49 · 9 answers · asked by skyler s 1 in Politics & Government ➔ Law Enforcement & Police
Forget about the "running away". That's the least of your problems now.
2007-07-01 07:58:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Is the search legal?!?!?!
Are you serious?
You attempted to flee/elude the police. When the lights and siren go on you pull over -- you don't make the decision to stop in a little bit...
After you attempted to elude, if you got arrested (and it sounds like you did) the search was 100% legal as it was incident to an arrest.
Even if you did not get arrested the Officer has every right to look in your car for "plain-view" evidence.
So...The probable cause for the stop was the tinting violation, then you fled, got cuffed/arrested, searched, seized and will be paying for your crime.
Sorry bubba...YOU broke the law...The Officer didn't...
P.S. Miranda is not required.
2007-07-01 15:15:22 · answer #2 · answered by nicolemcg 5 · 0⤊ 0⤋
because it took you a long time to pull over he then had the right to search. most people that do not pull over right away have a reason for not doing so and its usually for something illegal. drugs etc. your delay gave him reason to be suspicious. it doesn't matter what the initial reason is for him stopping you. the delay between following you and then finally lighting you up was because he was running your plate number. which they usually do before stopping you. as for your miranda rights. it doesn't matter that he didn't read them to you. it is a myth that the case will be dropped because of failure to do so. if he brought you in they would have read them to you at the station. chances are you will go to court and they will dismiss any "fleeing" charge and cite you for the possesion charge and that is all. you can ask for a public defender but you would probably be wasting money on a lawyer. i don't think you have a legit case. he was right in what he did. and while to argue that you were looking for a safe place is understandable the fact that you did have drugs will make it appear as just an excuse since you were in fact holding. since it was a small amount you shouldn't get in to much trouble unless they gave you a blood test and was high while driving. that will change the outcome alot.
2007-07-01 15:02:14 · answer #3 · answered by jezbnme 6 · 2⤊ 0⤋
well...i went to school for criminal justice...first things first...there are a lot of courts that dont care if they read you your Miranda rights bc more people know Miranda rights than the countries pledge of allegiance...its seriously true...plus its anything you say or do...you were not under arrest he was simple detaining you...searches being legal are up to the police officers digression...in his opinion you were running...you may not have been speeding but you need to pull over as soon as you know they want you to...even if you are being sincere about why you did it...and he can prove it bc more than likely he started paying attention to how long you took to pull over....dont take this the wrong way but i dont think you have a case against him although your layer will bring it all up...honestly i would just take the hit...dont think im saying all this cause i went to school for it cause i think they should legalize weed cause its a waste of the tax payers money to go to court over this small bs....good luck tho................................................ps where did he find the weed? and could you smell it? and illegal tint could be justification...its illegal bc people use it to hide what people are doing in the car....if the weed was somewhere that didnt need effort to find like on the chair or under something its legal...but going into a locked trunk or glove comp. might not be legal and MAY need a search warrent...dep on the situation
2007-07-01 15:01:57 · answer #4 · answered by Anonymous · 1⤊ 0⤋
In Arkansas, citations are for misdemeanor offenses only. If you fled from the police in a vehicle, here that is a felony and charges will be filed with Prosecuting Attorney. If he did not ask you any questions after he arrested you, then he did not need to read you your Miranda Rights.
Also, was your tint illegal????
2007-07-01 15:03:30 · answer #5 · answered by ARCop 3 · 0⤊ 0⤋
Sounds like a "pretense stop." As far as the pulling over safely, I think you are OK on that. A good attorney should be able to get the search thrown out too. If you got pulled over for tinted windows, I dont see any probable cause to search the car. You need a lawyer.
2007-07-01 15:02:14 · answer #6 · answered by Toodeemo 7 · 0⤊ 2⤋
Well I don't think the search would be considered Illegal.But it is illegal for the officer to not read you your rights.And it shouldn't be hard to explain that you could not pull over with out endangering others.Plus if he thought you were running then he did have a right to search.So I don't think the Search was illegal.
2007-07-01 15:00:23 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Who is Boss here? Cop right. Who is Good guy here? Cop right again. Judge will believe Cop or you? again Cop.
I want to share something, once someone asked, What is the best way to do illegal things in a legal way? a passing by homeless said, become a COP.
This is answer to your question.
2007-07-01 15:01:20 · answer #8 · answered by Ari 7 · 0⤊ 1⤋
NO!!!!!! totaly illeagal..... he didnt have and prabable cause or resonalble suspition....i think he needed a search warrent....but that was definitly not legal
2007-07-01 14:59:06 · answer #9 · answered by mike p 3 · 0⤊ 2⤋