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Offlineno0bsawse
Yearnin' for Learnin'


Registered: 08/26/16
Posts: 104
Last seen: 5 years, 5 months
Legal recourse for illegal search?
    #23874706 - 11/28/16 09:58 AM (7 years, 5 months ago)

Long story short, because I have been arrested once for a controlled substance (charges dropped), when I got pulled over last week the cop asked to search my car. When I declined, he said he smelled weed and searched my car. This is after he is on video talking mad shit to me saying he knows I'm a user and have drugs in the car. He found nothing but a scale (it had mushroom dust on it but I said it was kratom) and couldn't charge me with anything. He then gave me a ticket for speeding 5 miles over what I was actually going. Any options? Or should I just pay the ticket and be done with it? Also fuck the cops haha.


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OfflineThe Mycologist
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Registered: 05/06/16
Posts: 3,024
Last seen: 2 months, 7 days
Re: Legal recourse for illegal search? [Re: no0bsawse]
    #23874716 - 11/28/16 10:00 AM (7 years, 5 months ago)

Shit, fuck the cops


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"That you are here—that life exists, and identity;
That the powerful play goes on, and you will contribute a verse.”
― Walt Whitman, Leaves of Grass
:acidfire::tmckenna:

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Offlineno0bsawse
Yearnin' for Learnin'


Registered: 08/26/16
Posts: 104
Last seen: 5 years, 5 months
Re: Legal recourse for illegal search? [Re: The Mycologist]
    #23874729 - 11/28/16 10:05 AM (7 years, 5 months ago)

Hell yeah, the whole time he was talking shit and telling me I was noncompliant I was all yes-sirs and no-sirs. After he gave me my ticket he gave me a lecture about how I need to change my attitude about the police because if I had let him "do his job" this would have been over quicker.


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OfflineThe Mycologist
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Re: Legal recourse for illegal search? [Re: no0bsawse]
    #23874885 - 11/28/16 11:11 AM (7 years, 5 months ago)

Yeah idk it sucks, might wanna just pay the ticket. or call a local lawyer they will be happy to let you know if you have a case.


--------------------
"That you are here—that life exists, and identity;
That the powerful play goes on, and you will contribute a verse.”
― Walt Whitman, Leaves of Grass
:acidfire::tmckenna:

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Offlineno0bsawse
Yearnin' for Learnin'


Registered: 08/26/16
Posts: 104
Last seen: 5 years, 5 months
Re: Legal recourse for illegal search? [Re: The Mycologist]
    #23874942 - 11/28/16 11:28 AM (7 years, 5 months ago)

Do you think it would be something that would aid in getting the ticket dropped? or would it be something I would pursue a civil case with?


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OfflineThe Mycologist
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Registered: 05/06/16
Posts: 3,024
Last seen: 2 months, 7 days
Re: Legal recourse for illegal search? [Re: no0bsawse]
    #23875829 - 11/28/16 05:39 PM (7 years, 5 months ago)

IDK honestly, just call a lawyer they will talk with you for free...or pay the ticket.


--------------------
"That you are here—that life exists, and identity;
That the powerful play goes on, and you will contribute a verse.”
― Walt Whitman, Leaves of Grass
:acidfire::tmckenna:

Edited by The Mycologist (11/28/16 05:59 PM)

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Offlineno0bsawse
Yearnin' for Learnin'


Registered: 08/26/16
Posts: 104
Last seen: 5 years, 5 months
Re: Legal recourse for illegal search? [Re: The Mycologist]
    #23876493 - 11/28/16 08:55 PM (7 years, 5 months ago)

Since I work in the city I was pulled over in, and considering it is only 2 square miles wide, I have decided to just pay the damn ticket and be done with it instead of having captain shits-on-lives-for-a-living try to ruin my day, every day


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InvisibleCidneyIndole
www.shroomery.OG
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Registered: 05/16/05
Posts: 4,762
Loc: Love's Secret Domain
Re: Legal recourse for illegal search? [Re: no0bsawse]
    #24017695 - 01/17/17 03:18 PM (7 years, 3 months ago)

That may have been a wise choice.

I'm no expert, but I feel like your only other recourse would be to file a formal complaint against the officer. Which could be both good and bad. It creates a record that this officer has "harrassed" you in the past, searched without consent using probable cause as an excuse, upon which he found nothing. The only benefit to this is that if this sort of thing happens again, you've got it on record to establish a pattern, which then might result in some disciplinary action.

The flip side is that if you're dealing with an especially shitty cop, or a bad department, it's possible the cop/s might harass you worse in retaliation. But if this happens again, I'd strongly consider talking to a lawyer, and maybe filing a complaint.


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I am me. We are You.

Edited by CidneyIndole (01/17/17 03:19 PM)

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