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I believe my vehicle was searched illegally. What do you think? * 1
    #13730681 -

I'm going to be getting in touch with as many lawyers as possible tomorrow, but here is my story. I was pulled over because the officer said I was speeding. I know he didn't clock me because my radar detector NEVER went off, and he couldn't tell me how fast I was going, so I caught his bluff. I had a pipe in the car that I hid under the seat definitely out of plain view and after he returned from running my license he asked to search my vehicle. Of course I denied consent and held my ground when he pulled the "So you're trying to hide something?" card. He said he was going to have to get a drug dog so I told him that was fine. After he talked with the other officers a second he told me to step out of the car to be patted down. I got out, shut my door, let him frisk me, he finds nothing, and then asks me to sit on the hood of his patrol car. All of a sudden another cop runs up from behind us, to my vehicle, and yells "Well I DO get to search the car for weapons!". He slings my door open and just starts searching and finds my pipe under my seat. I just heard him yell something, and a millisecond later, I was ambushed. I was slammed on the hood of the car by three or four of them and had my arms wrenched behind me while they say I'm resisting arrest, cuffed, then picked up and LITERALLY throw/ pushed head first into the back seat of one of the cars. Then they tell me why I was under arrest, but they didn't read my rights to me. I do not believe they had the SLIGHTEST bit of probable cause to search my car. I wasn't acting fucked up. I was very calm, cooperative, and respectful. There was nothing in plain view that was incriminating. Hopefully all will go well for me in court, and I can get the evidence dismissed. What are your opinions?


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There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: destructo_low]
    #13730700 -

what the fuck? do you have a bad record? what made him want to search your car
you shouldve man handled all the cops and dipped

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Re: I believe my vehicle was searched illegally. What do you think? [Re: destructo_low]
    #13730706 -

Sounds like they just fucked you . Talk to your lawyer you just might have a case .


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Re: I believe my vehicle was searched illegally. What do you think? [Re: plasma]
    #13730727 -

The way you described it was definitely illegal. That's so fucked up, good luck to you man :sad:

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Re: I believe my vehicle was searched illegally. What do you think? [Re: destructo_low]
    #13730729 -

They will say they smelled weed, which is probable cause. Good luck tho :sad:

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Re: I believe my vehicle was searched illegally. What do you think? [Re: plasma]
    #13730730 -

Illegal search and seizure.

One of my best friends got busted with a bottle of xanax and about an ounce of chronic in Texas.  He got off free because he was able to prove this in court.

You most certainly have a case here.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: candyflip420]
    #13730738 -

If it's like you said then I think you've got a case if you get a decent lawyer. Do you have a court date or anything? What happened after they put you in the car? Were you arrested?


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"Cosmic Love is absolutelely ruthless and highly indifferent:
it teaches its lessons whether you like/dislike them or not."

John C. Lily

 

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Re: I believe my vehicle was searched illegally. What do you think? [Re: iamnotadream]
    #13730752 -

There is a 95% chance you won't win man.  You're wasting your money by getting a lawyer for a charge like this.  If they are fucked up enough to do that to you it is almost certain that they will lie, and in court your word against a cops is pretty much useless.

Sorry though, it's happened to a LOT of people.  Good luck with your case.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: candyflip420]
    #13730759 -

Just to let you know before hand their defense would likely be based off of the Terry Stop:

http://en.wikipedia.org/wiki/Terry_stop

So the cop had to believe with reasonable suspicion that you were carrying a weapon, which gives him the legal right to search the passenger compartment - also anything in plain sight can be used against you. I do believe you are right in asserting that this was an illegal search though.


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¿Check out some art m8?


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Re: I believe my vehicle was searched illegally. What do you think? [Re: plasma]
    #13730767 -

Never been arrested, and I don't have anything but a few speeding tickets on my record. Nothing like reckless driving though. He was just out to fuck someone's night up, and did not like it at all when a long haired teenager exercised his rights. I heard a few of the cops saying like "Oh, we've got ourselves a lawyer here!" Life goes on. It'll all work out one way or another.


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There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: twighead]
    #13730770 -

Get a lawyer, fight that shit.

enough evidence alone with out them reading your rights.


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.....Healing Of People Everywhere.....


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Re: I believe my vehicle was searched illegally. What do you think? [Re: twighead]
    #13730779 -

twighead said:
Just to let you know before hand their defense would likely be based off of the Terry Stop:

http://en.wikipedia.org/wiki/Terry_stop

So the cop had to believe with reasonable suspicion that you were carrying a weapon, which gives him the legal right to search the passenger compartment - also anything in plain sight can be used against you. I do believe you are right in asserting that this was an illegal search though.



Probably not, any decent lawyer would shred the terry stop if the situation went as you said.  They will LIE.

"Without a warrant, probable cause, or the driver’s consent, police may not search the vehicle, but under the “plain view” doctrine may seize and use as evidence weapons or contraband that are visible from outside the vehicle."

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Re: I believe my vehicle was searched illegally. What do you think? [Re: LoveYourLife]
    #13730790 -

Of course they will need to lie to win the case, but the terry stop could give them excuse as to how something under the seat became in 'plain sight' or some sort of bullshit... Anyway good luck OP.


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¿Check out some art m8?


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Re: I believe my vehicle was searched illegally. What do you think? [Re: LoveYourLife] * 2
    #13730800 -

LoveYourLife said:
There is a 95% chance you won't win man.  You're wasting your money by getting a lawyer for a charge like this.  If they are fucked up enough to do that to you it is almost certain that they will lie, and in court your word against a cops is pretty much useless.

Sorry though, it's happened to a LOT of people.  Good luck with your case.


Many people don't go to court over it in the first place.  It's my belief that there is a camera that turns on everytime you get pulled over, and it is located on the hood of the car (which is probably why the OP was asked to sit on the hood of the car so the camera could be blocked off.  purely speculative though.)

I think it is well worth going to court over this.  Cops should know that they can't do shit like this to citizens and think they can get away with it.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: nicechrisman]
    #13730805 -

nicechrisman said:
If it's like you said then I think you've got a case if you get a decent lawyer. Do you have a court date or anything? What happened after they put you in the car? Were you arrested?


I was aggressively cuffed and thrown in the car before they even said I was under arrest. Once I was in the car he told me what I was under arrest for with the car door open. Yeah my court date is March 16th. After they put me in the car they ransacked my car then took me to jail. What sucks is I had just drove fourteen hours back to Alabama from New York and was fifteen minutes from home. I got a upper respiratory infection that day and was so exhausted and having chills, ready to get home and relax, and I end up sleeping on a concrete bench in a cell.


--------------------
There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: twighead]
    #13730807 -

twighead said:
Of course they will need to lie to win the case, but the terry stop could give them excuse as to how something under the seat became in 'plain sight' or some sort of bullshit... Anyway good luck OP.


Indeed, this is more than likely how they will get you.  They will either say it was laying in plain sight or they will say "something caught their eye" that was suspicious therefor giving them reason to search.

If you have a clean criminal record, you may have some wiggle room in court.  It may be worth a shot but seriously you will need a good lawyer, one that specializes in drug crimes.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: twighead]
    #13730811 -

Trick for next time (takes balls though)

When they push u on the hood with your wrenched arm, try ur best to hit your nose as hard as you can on the hood of the car.

Thats a guaranteed win in the case of excessive force


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Re: I believe my vehicle was searched illegally. What do you think? [Re: LoveYourLife]
    #13730817 -

Do you know what your charges are?


--------------------
"Cosmic Love is absolutelely ruthless and highly indifferent:
it teaches its lessons whether you like/dislike them or not."

John C. Lily

 

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Re: I believe my vehicle was searched illegally. What do you think? [Re: iamnotadream]
    #13730826 -

iamnotadream said:
LoveYourLife said:
There is a 95% chance you won't win man.  You're wasting your money by getting a lawyer for a charge like this.  If they are fucked up enough to do that to you it is almost certain that they will lie, and in court your word against a cops is pretty much useless.

Sorry though, it's happened to a LOT of people.  Good luck with your case.


Many people don't go to court over it in the first place.  It's my belief that there is a camera that turns on everytime you get pulled over, and it is located on the hood of the car (which is probably why the OP was asked to sit on the hood of the car so the camera could be blocked off.  purely speculative though.)

I think it is well worth going to court over this.  Cops should know that they can't do shit like this to citizens and think they can get away with it.


The camera is required to come on anytime the lights are triggered.  All traffic stops are supposed to be recorded.  You will probably want your lawyer to file a motion for discovery and take a look at anything that is on there, as well as all of the statements made by the officers.  You will need to look for discrepancies in their statements to ruin their credibility in the account of the incident.

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Re: I believe my vehicle was searched illegally. What do you think? [Re: destructo_low]
    #13730829 -

Fuckin' sucks, man. The most fucked up story I've heard in a while.

You always seemed like a chill guy.

I hope this shit works out for you.


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