YaHooka Forums - View Single Post

greengreengreen · 10-27-2009, 10:05 AM

ok this took place friday night, need advice, heres the story as clearly as i remember it:

driving along, going slightly fast, cop pulls me over, turns on big search light.
license and registration are handed over.
"have you been smoking marijuana tonite?"
"nope"
"are you sure?"
"yes" (i was kinda baked...1st mistake)
"is there any marijuana in the car?"
"nope" (none in the car)
"do you smoke marijuana?"
"nope" (lie..2nd mistake, but irrelevant to the case)
"so if i searched the car would i find any marijuana or what?"
"no"
"ok im going to search the car" (proceeds to call in backup)
"i do not consent to a search"
(makes no difference, backup comes)
-i step out of the car, cooperate well and am searched, turn out clean.
-friend steps out of car, searched, beer is found in pocket, under 21
-car is searched slowly and carefully, but now more thoroughly, two empty beer cans turn up.
-cop pops trunk, search trunk
-finds a backpack with a QP of shrooms, a scale, and a backpack with 15 beers
-both arrested, taken to station, bailed out a few hours later.

ok, so im being charged with:
- possession/intent to distribute class C (mushrooms)
- minor possession of alcohol
- minor open container
- and a fucking speeding ticket on top of it

i feel that i have a pretty good case as far as my 4th amendment rights being violated, from my experience the the search had no probable cause whatsoever and the seizure was illegal. the only possible reasons are that my eyes could have been red. other than that he played with my words and basically was intending to search the car before he even stepped out. complete dick head cop from a small ass town. im ashamed of myself to give him the best bust of his life.

i have a clean record, never been caught with weed, nothing. im facing a maximum sentence of 2.5 years in jail, but most likely probation and some fines, maybe drug classes. ill also lose my license for a year. but i think that with a good lawyer i might get the case tossed out. im praying, haha. anyway give me advice, im new to the legal system, so far its a bunch of bullshit, went to court yesterday and i have to be back november 30th. shit sucks.

10-27-2009, 10:05 AM	#1 (permalink)
greengreengreen YaHookan Join Date: Feb 2008 Posts: 213 Thanks: 15 Thanked 23 Times in 17 Posts	I got busted ok this took place friday night, need advice, heres the story as clearly as i remember it: driving along, going slightly fast, cop pulls me over, turns on big search light. license and registration are handed over. "have you been smoking marijuana tonite?" "nope" "are you sure?" "yes" (i was kinda baked...1st mistake) "is there any marijuana in the car?" "nope" (none in the car) "do you smoke marijuana?" "nope" (lie..2nd mistake, but irrelevant to the case) "so if i searched the car would i find any marijuana or what?" "no" "ok im going to search the car" (proceeds to call in backup) "i do not consent to a search" (makes no difference, backup comes) -i step out of the car, cooperate well and am searched, turn out clean. -friend steps out of car, searched, beer is found in pocket, under 21 -car is searched slowly and carefully, but now more thoroughly, two empty beer cans turn up. -cop pops trunk, search trunk -finds a backpack with a QP of shrooms, a scale, and a backpack with 15 beers -both arrested, taken to station, bailed out a few hours later. ok, so im being charged with: - possession/intent to distribute class C (mushrooms) - minor possession of alcohol - minor open container - and a fucking speeding ticket on top of it i feel that i have a pretty good case as far as my 4th amendment rights being violated, from my experience the the search had no probable cause whatsoever and the seizure was illegal. the only possible reasons are that my eyes could have been red. other than that he played with my words and basically was intending to search the car before he even stepped out. complete dick head cop from a small ass town. im ashamed of myself to give him the best bust of his life. i have a clean record, never been caught with weed, nothing. im facing a maximum sentence of 2.5 years in jail, but most likely probation and some fines, maybe drug classes. ill also lose my license for a year. but i think that with a good lawyer i might get the case tossed out. im praying, haha. anyway give me advice, im new to the legal system, so far its a bunch of bullshit, went to court yesterday and i have to be back november 30th. shit sucks.