greengreengreen

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.

greengreengreen

also, when i was being searched, the cop pulled a tinfoil wrapper out of my pocket and goes "whats this? gum?" im like "yup". it was actually 3 hits of L that he put back and i got to keep. thank god. class A poss. would have been fuckkked.

Tricto

I really do want to tell you some good news bro, but i'm pretty sure after your friend had an open container, and was under 21, the cop probably had authority to search your vehicle whether you consented to it or not. I would definitely go the route you're going though, may as well try to get a 4th Amendment violation.

Say that the cop was itching to search the car, and that it was odd he was asking about marijuana when you didn't have any on you or in the car, maybe that will look suspicious to the judge, who knows. Also, i didn't see your post about the foil before i posted, at least you didn't get 100% screwed then, must have a little luck.

Sorry it happened to you, try not to let the man get you too down, stay up.

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Human rights went on vacation
Money took over a long time ago...

Cuando la historia no se puede escribir con la pluma, se escribe con el fusil

greengreengreen

the thing is that the empty can of beer was under the passanger seat, and was only found after the search was already in progress. my friend that was taken out of the car had a beer can on him, which then caused the cops to search more intently, one thing led to another, and that was that. so the container does not count as probable cause.

~1~

DO NOT PLEAD GUILTY!!!

Do not take a diversion class in exchange for a reduced charge!

GET A LAWYER AND DO NOT PLEAD GUILTY!

Do not accept probation in exchange for a lesser charge.

DO NOT PLEAD GUILTY!

In this country (so far) you are guaranteed a trial by a jury of your peers.

YOU MUST TAKE THIS TO TRIAL!

Even if you lose, YOU MUST TAKE THIS TO TRIAL!

The LEO and the courts expect you to take a deal and plead guilty to a lesser crime and submit to random tests and the like as condition of probation and if you fail those conditions, you are under their thumb until you die! (wanting to be dramatic, but you get what I'm saying.)

Make sure your lawyer is in it for your best interest as well, PD's ARE NOT! They are there to clear cases and thats all.

I feel for you my brother, you DID NOT consent to a search, make sure your lawyer knows this.

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~1~

Oh, one more thing, please don't take this the wrong way as it is a message to everyone out there...


STOP DRIVING AROUND WITH SHIT YOU CAN GET BUSTED FOR!!!

If you absolutely have to, then get out your own common sense and think 'If I were a cop, what would I be looking for?'


Sure, any LEO can stop you and say after the fact that you 'looked suspicious' (which by the way isn't grounds for a stop anywhere) but we all know that LEO lies and the courts believe them so eliminate the possibilities and they are left with little to lie about.

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~1~

Is a fucking joke my friend.


'Probable cause' should be spelled B E C A U S E I C A N.

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Mydriasis

Your lucky your max sentence is only 2.5 years dude. A QP of shrooms here is probably 5-10. Let alone contributing to the delinquency of a minor, yikes.

I hate to break it to you but if a cop finds something illegal on you or a passenger they have every right to search your car man. Normally a cop wouldn't just say "can I search your car?", there must have been something that tipped him off. Maybe he saw the beer can bulging from your buddies pocket.

Did you smoke in your car at all that day?

Hate to say it but when it comes to searching cars cops can do it with or without reason these days really.

Best of luck to you, hopefully they just put you on like 2 years probation and some community service and don't want to make an example out of you.

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~1~

And then you'll live for two years in fear that if you get caught thinking about anything illegal you're going to jail?

FUCK THAT!

Insist they make an example of you.

Insist that you're a criminal in the very worst caliber and should be treated as such if thats how the law works, demand your day in court, use your right to face your accusor in front of a jury of your peers man.

You were willing to break the law, PLEASE, for all that is still free in this country be willing to take the heat!

Another brotha plead down is just one more notch on the belt to LEO, one more sign that the shit we do is evil.

SPEAK OUT AND SPEAK UP!

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John F. Kerry

as far as probable cause if he smelled weed he could search your car without a warrant.


but as far as facing 2.5 years in jail if u have a clear record you will almost certainly be allowed to do some suspended sentence/probation/drug court thing with no jail.

unless u live in some draconian state


sucks dude but dont drive around with a qp of mushrooms and run stop sign.

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Nasa under Obama

Mikey

Listen to No.1
they dont want this to go to trial
fight it all the way

your gonna have to drop some money on a lawyer cause a public defender will just twist your arm to plead guilty

best of luck dude
positive vibes sent your way

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RIP Gov

Mikey

you could be a tad more sympathetic.

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RIP Gov

Mydriasis

I dunno No. 1 I had a friend who tried to fight possession of a pound of weed and he's been in for a while now... Pretty similar situation cept weed was under the car-seat and not in the trunk...

I guess it really all depends on where your at. But police officers are allowed to search your car any time they want. That's what I was told in drivers ed. Especially if they smell alcohol or claim to have smelled alcohol, which after finding that open beer they sure as hell will.

I don't think it's a strong case man, maybe you'll get a lowered sentence if you go to trial but dude I just don't think so. I personally wouldn't pay for a lawyer and would just plea to stay out of jail and not do drugs for 2 years. That's just me.

If you go to trial and lose don't they have to give you maximum sentence?

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SpankyMcLankey

this is exactly why I would listen to No.1 instead. lol, no offense mydriasis.

~1~

Well yeah, now that I think about it, weight may play a significant factor in how you want to move. Once you get into intent to distribute size busts I figure a plea might be best. Never roll though, thats just chickenshit on top of chickenshit.

No, this is wrong, an officer can only search the car if you give permission. If they do it anyway, then there are legalities (not to mention a little thing called the fourth amendment) involved which would probably get most evidence obtained in that search tossed out of court IF you have the money for a lawyer with a brain. This is the main reason the court will offer you a plea, then they don't have to use the evidence they know will be thrown out.

Once again, the bag O' shrooms in the trunk took it to a different level.

However if this was just your run of the mill possession beef for a small amount or the alcohol, by all means fight this shit kicking and screaming. Do not go quietly into that good night. I wouldn't submit to random drug screens either, I'll be more than happy to tell the judge that yes, I plan to smoke pot again. Probably after I get home from court. If he would like to figure out which violent criminal needs to be let out so I can do my time, fine by me.

It is at the discretion of the judge.

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Mydriasis

Listen to No 1 I don't know shit about the legal system haha. If your gonna go in you might as well delay it and make it a pain in the ass for the system.

But next time you have someone in your car drinking, don't speed, and don't have a gauranteed felony in the trunk.

Rule #1:
"NEVER do two illegal things at once."

Also, If your gonna do something illegal you gotta be able to do the time for it. Never snitch Rule #2.

If I were you I'd call my dude(dude who hooked the mushrooms) and let him know what happened. That way they don't hear it through the grape-vine, cuz trust me snitches don't last long.

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greengreengreen

definitely some sobering feedback. by the way, i live in massachusetts, so marijuana is decriminalized. i had not smoked any weed in there for at probably almost a week, my friend hadnt smoked, there was no smell of pot at all. at one point the officer pointed his flashlight in my driver door handle and said "oh really? no pot in the car? cuz that looks like pot to me" and looks down at a clump of handrolling tobacco. i respond by saying "sir i believe thats rolling tobacco."

greengreengreen

they also seized my cellphone which contains some evidence in the form of texts. i contacted everyone who had anything on there, only people buying so theyll be pretty straight, but i gave em the heads up. none of the dealers numbers were even on my phone, no texts about me buying anything, no addresses, nothing. no snitching either, not really a question.

~1~

Seized or held as evidence?

Get a lawyer, what is on your phone is not relative to the shit in the car, there is definitely an expectation of privacy as to what is on your phone. They have no right to even turn it on.

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Rubix

Fight it all the way man. They can't just search any backpack In a trunk without consent. Did the suspecting officer say, "hmmm this smells of mushrooms that contain a schedule one chemical called psocybin." Not that they couldn't have gotten a dog over to sniff it, but they didn't.

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