While sitting in the parking lot late at night with one of my friends, a cop car pulled up next to us. He shined his light inside and asked what we were doing. He didn't believe we were just talking, so he came over and asked for our licenses. After talking for about five minutes, he told me to unlock the back door. I unlocked the back door for him, but he opened the door and he never asked for permission to search the vehicle. He then claimed to have found a marijuana leaf, and asked if anyone smoked marijuana in the car previously. I said one of my friends did and then told me to step out of the car. He then patted me down, and searched my pockets, where he found a bag with a couple grams of marijuana and my pipe. After, he repeatedly asked me if I could buy marijuana from my dealer, and threatened to check back if I didn't call his partner to provide him with information. Can I still argue that the cop did an illegal search of my vehicle in court? What about entrapment?
2007-11-27 08:45:47 · 11 answers · asked by sephirothviipsx12848 1 in Politics & Government ➔ Law & Ethics
there is a dvd you can get at your local library
the title is BUSTED the citizens guide to surviving police encounters. its narrarated by one of the ACLU guys.
Anyway , it's an excellent overview of your rights and the correct procedures that a citizen should follow in various situations(the show an example of a traffic stop , and of teenagers having a party in a private home) . They advise that a citizen should get out of their car and lock their doors automatically with the clicker. Let them go get a search warrant / bring their dogs / whatever they want.
I've never had any alcohol or drugs in a car in my life , and I could care less if they search. However, after veiwing this DVD, I can tell you that if I am ever stopped , I will get out of my car and lock the doors. I think that citizens have to stop waiving rights and do what they can to preserve them. It might take me an extra 10 minutes for the officer to process this and get the search warrant he needs , but I want them following the law and the proper procedures. They need to know we have rights and not take them for granted. Further, my car is set up with a camcorder , just in case :-) I don't plan to end up like a U-tube video of a citizen getting beat on by a policeperson.
2007-11-27 09:22:37 · answer #1 · answered by Mildred S 6 · 0⤊ 0⤋
Yes, you have an argument, but not much of one.
You are the victim of "exigent circumstances." The cop initially stopped to investigate a suspicious vehicle. Legal. He asked for ID. Legal (doesn't matter whether or not he believed you, he has the right to get ID). He told you to unlock the back door. You complied. That gives consent to the search. You should have said, "no," and "go get a warrant." The outcome would probably have been the same, but your argument would have a better foundation. Once he found the marijuana leaf in plain view, he had probable cause to search the rest of the car and you and any passengers, especially since you revealed that one of your friends had used MJ in the car.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-27 08:54:55 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
You can argue anything you want I sure would like to hear his side of the story. If he saw the leaf, he had probable cause to search and did not need your permission.
Your claim of entrapment has no merit. Entrapment is when a police officer causes an otherwise innocent person to commit a crime. You were already committing a crime.
It is pretty standard that a police officer investigating a drug crime will try to work towards the source. It is up to you if you want to cooperate.
If you were charged with a crime you should hire a lawyer or get a public defender before you go any further.
By the way, you just confessed in writing to drug possession...
2007-11-27 08:54:52 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
It's not entrapment, but it might be an illegal search if he didn't have probable cause. If he suspected you were smoking pot he has the right to search you, and you COULD have said no when he asked you to unlock the car, but you kinda fudged that. But it seems to me based on what you wrote -- if you had a pipe and a bag in your pocket and were sitting there saying you were doing nothing, you probably were getting high -- that he had probable cause. You should get a lawyer if you want to fight it, but it looks pretty clear to me.
2007-11-27 09:06:46 · answer #4 · answered by Hillary 6 · 0⤊ 0⤋
i don't know what state you're in, but all they need is probable cause to search your vehicle. I'm fairly certain that because you did unlock the back door, you granted him permission to search. Sounds like he's more interested in getting you to roll over on your dealer. that's how it usually works---i was told by a fellow thats a probation officer that 3 out of every 4 people arrested for drugs, turns in someone so keep that in mind! Good luck though
2007-11-27 08:51:09 · answer #5 · answered by s and d e 7 · 0⤊ 0⤋
If you were instrructed to open the door and given no choice, that's illegal search. Of course, the cop has more credibility than a guy with a pipe (with all due respect).
Still, if you say "yes, I had the pot and the pipe...but this happened beforehand" a judge might throw it all out since the rest was "fruit of the poisonous tree". Good luck with that.
2007-11-27 09:07:54 · answer #6 · answered by Anonymous · 0⤊ 1⤋
You have no recourse....The police have all the authority and enjoy using it to abusive levels on the public. As for entrapment, every cop uses entrapment tactics,,,it get them more brownie buttons from their superiors...And to fight it in a municipal (court is futile. Everybody knows they are only there to generate money for the law entrapment force, so All you can do is bend over and take it like a man.
2007-11-27 09:09:47 · answer #7 · answered by Shoot-em-All 4 · 1⤊ 1⤋
If he found a leaf, he can claim he saw it before the search, which gave him probable cause. This is legal. He may have smelled the weed from the window while talking to you also.
2007-11-27 08:53:16 · answer #8 · answered by sensible_man 7 · 0⤊ 0⤋
If there was enough suspicion he does not need consent to search your vehicle
2007-11-27 08:52:44 · answer #9 · answered by Chris 5 · 0⤊ 0⤋
Did he arrest you? If the cop didn't even bother to arrest you, then I'd forget about the whole thing.
2007-11-27 08:54:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋