The other day I was pulled over. The police officer asked for my liscense and blah blah blah. He then suspected us of smoking marijuana because my windows were foggy. Ironically I had paraphenillia on me and marijuana but we wern't smoking in the car and there was no way I smelled of anything because I didn't even smoke that day. I have no idea why the windows were foggy... cuz of body heat?. I had a BB gun in my back seat (my trunk is broken) and the officer asked me why it was there. It was there because I was going to pawn it earlier for gas money but the pawn shop was closed. The officer then asked me to step out of the car and searched me. He didn't ask too or anything. He found my marijuana and bowl. The police officer then had me wait in the back of his car and didn't tell me anything about what was going on. Police searched my car and found some joint papers and other little things. After sitting in the police car for about 20 minutes, the officer tells me I am under arrest and
2007-12-30
16:40:58
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10 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
doesn't even tell me why I was pulled over or what I was being arrested for. When I got the the police station, then the officer read me my rights and told me why I was pulled over (he said I ran a stop sign even though I didn't) and arrested. The whole time I was nothing but respectfull to the police officer but he treated me with 0 the entire time. From reading this (yes this is exactly how it happened, I am not lying to make myself look better to you people who I will never know personnaly) do you think my rights were violated or was the officer withen his limits?
p.s. I am looking for a laywer, I live in CT so if anyone wants to take my case leave a number or webpage or something. Thanks.
2007-12-30
16:45:06 ·
update #1
So they didn't need a warrant or anything? Our system is fu**** up.
2007-12-30
16:58:23 ·
update #2
hire a lawyer try to plea this down
your rights were not violated and from what you state the officer did things by the book.
pot head driving + traffic stop + gun in back seat + weapon search, finding drugs and paraphernalia + vehicle search, finding more drug paraphernalia = jail time
call the lawyer a good one quick, good luck
2007-12-30 17:07:01
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answer #1
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answered by michr 7
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The police did not violate your rights. They can 'stop & frisk" without cause. The gun in the back seat was cause for a search if you happened to resemble someone who had been reported shooting out car windows, or holding up convenience stores, or such. The foggy windows may have been because of body heat, or because of smoking pot. The court may believe the cop, or not, on that. You did not smoke that day, so did not smell but have you ever smoked in the car? If so, the smoke melts into bits of fabric, plastic, etc, and stays long after you smoke. The cop may say he smelled residual pot smoke from that earlier smoking days/weeks before. He had grounds for a search and did not need to ask. If he had found no drugs/etc, and there was never any smoke residue in your car because you had never smoked in it, you may be able to say he lied, or imagined it, or such,. and so had no grounds. You could spend money to hire a lawyer, and sue, and hope to win. Since you had smoked in the car, and there was residue, he did have grounds to search, and since he found drugs/etc on you, you have no grounds for a suit. You were stupid to possess, and use, in your car. Cops can find a thousand reasons to stop a car: registration expired, tires too low on air, not enough tread on the tires, lights out, blinkers out, resembles stolen car, resembles car used in hold up, driver did not signal, etc, etc. A young person driving a car will get stopped, even for no reason...just as a random license check. Once stopped, if you have anything wrong about you/the car/your possessions, you are going to get busted. NEVER keep/use/drugs/etc in a car, and never deal from a car, and never use your own car as an escape vehichle to flee a robbery, or anything else. You are screwed...but you screwed yourself.
2007-12-30 17:03:10
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answer #2
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answered by Anonymous
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Your rights weren't violated. The canines provided in all probability reason whilst it made a demonstration of a few thing unlawful on your motor vehicle. it somewhat is a loophole police can legally use to get around having to ask you. The canines itself isn't considered a seek and no permission from you replaced into mandatory. You have been legally caught and could now could go through the outcomes.
2016-11-26 23:18:55
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answer #3
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answered by ? 4
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Gun on back seat in plain view = probable cause.
Pat down search for weapons on you = 100% legal.
Holding you while completing search = 100% legal.
Not telling you what was going on = 100% legal.
If you made any statements in the police car before your rights were read to you, you might be able to argue that they are not admissible.
Keep looking for that lawyer.
2007-12-30 16:45:50
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answer #4
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answered by raichasays 7
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Gun on back seat does not = probable cause. Searching you and finding dope, however, does = probable cause to search the vehicle. The cop did not violate your rights, from what you describe, but I would still hire a lawyer and try to get out of it.
2007-12-30 16:51:07
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answer #5
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answered by Anonymous
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well the search can be arguable because we do still have the second ammendment, witch states you have the right to hold an bare arms, and if it was on your back seat it is not concidered a concealed wheapon witch means you were doing nothing wrong, I would argue the fact that he searched the car without permission violating your second ammendment right
2008-01-02 18:35:12
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answer #6
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answered by Anonymous
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If they did violate your rights they will get away with it. There is enough for them to convince a jury they are right.
Its not a matter of if they are right or wrong; its a matter of if they can get a conviction. You can motion to suppress evidence claiming they didn't have probable cause to stop you and therefore everything is 'fruit of the poison tree'.
2007-12-30 16:57:13
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answer #7
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answered by Anonymous
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BB Gun in the backseat gave him probable cause to search the vehicle. Your rights were not violated.
2007-12-30 16:46:27
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answer #8
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answered by DOOM 7
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Police will acked nice to get you to talk when they get around to the meranda rights you already gave them what they need to arest you.
2007-12-30 16:54:24
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answer #9
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answered by the12thman98 1
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If you don't break the law, you can't get caught....it's as simple as that. You chose to break the law and you got caught, and now you have to face the consequences.
2007-12-30 16:50:25
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answer #10
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answered by redhairedgirl 5
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