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Was I illegally searched by the cop?
    #2521244 -

My and my friend went to a bar to go see if there were any good ones in my town. We went to two and got 3 pints in about 2 hours. We left to go back to go catch the new episode of the sorpranos. On the ride back he was pulled over for speeding. 58 in a 45. After we had pulled over my friend had stupidly opened the door. The police officer had yelled at him to get back in the car. He got back in, the office approached, pulled him out and ordered him to put his hands on the car. He was searched, then he grabbed his arm, put it behind his back and put in the back of the police car. The entire time this was happening, I was just sitting there, still buckled in, doing nothing. A few minutes passed that the office came up to the passenger side door. Told me to get out of the car, put my hands on vehicle, and proceeded to search me. He asked if I had any weapons and I said ?no?. None were found. He then asked me for my license, which I gave it to him, and ordered me to sit on the curb. He then rushed to the door, and began searching the vehicle within arms reach without getting inside the vehicle. He returned back to his police car and ran checks with the police department to see if we were clean. Everything came back fine and we were allowed to go after my friend received the citations. This guy was a total fucking douche bag. He was being all high and mighty and saying that he could take him to jail, but he didn't breathalyzer us nor administer sobriety tests. He was an asshole the entire time this happened. Did the pig overstep his boundaries when he searched me?

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2521253 -

yes i think so similer shit happend to a freind of mine he coulda got busted for manufacturing and open caontainer and weed but insted since he was illegaly searched and couldnt get a GOOD lawer they told him to pay 120$ 20$ per month and wouldnt even be on his record but there have been times when i was walking and was searched like that not even doing any thing illegal


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See?
Yes, with my own three eyes.
Depression, Misspells , wanting everying thing i cant have haveing nothing i want

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2521299 -

eh.. thats a touchy one.

The second your friend got out of the car, the officer has a right to detain anyone who he (they) feel poses a threat.

Its not right, but its true.

Kind of like "probable cause" ... I'm not sure about the search of the car. But for the officer to detain both your and your friend isn't out of the ordinary, its just a way that they protect themselves.

I'm not saying its right, its just how it is sometimes.

Now if they would have impounded the car or found something illegal in the car, then you should fight it in court.

Lana

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2521364 -

Quote:
eh.. thats a touchy one.


My thoughts exactly. Your friend acted suspicious, the cop treated you like you were suspicious. It does sound like it was a dickhead cop, and he went a little far with searching the car (although your friend prolly said he could). But he was just doing his job, your friend fucked up.


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Yeah spinnin' around again
yea caught in a tailspin

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2521685 -

They can always pat your down for weapons "for their safety". It's called a "Terry Pat" after a case ruling involing someone named Terry. What came from that ruling, is they can pat you down for weapons, but they can only remove something from your pocket if they believe it to be a weapon. So, they can't pat you down, feel a pipe in your pocket and pull it out. Since they had no prior probable cause, they have to ignore it unless they think it's a weapon. Most people don't know this and it's violated all the time...I even see them do it on COPS on camera. Here's another good page on police searches:
http://www.flexyourrights.org/


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WARNING chronicshroom will rip you off! Don't trade with him! I sent him 20 spore syringes and he never sent me anything.

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Re: Was I illegally searched by the cop? [Re: kb73]
    #2521757 -

Quote:
but they can only remove something from your pocket if they believe it to be a weapon.



Thats really not all together true. The law does not clearly say whether or not plain touch is the same thing as plain sight. I've read some court cases dealing with the subject, and your right technically.....but it dosn't always work out that way. More often then not he'll know it's a pipe and arrest you. If you get a good lawyer, you might be able to get it thrown out on the grounds that he knew it wasn't a weapon.....but your still going to get arrested and your still gonna have to deal with it in court.


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Yeah spinnin' around again
yea caught in a tailspin

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Re: Was I illegally searched by the cop? [Re: ChiefThunderbong]
    #2521833 -

See some links here: http://www.erowid.org/freedom/police/

Below text taken from: http://www.erowid.org/freedom/police/police_consent1.shtml

WHAT A POLICEMAN CAN NOT MAKE YOU DO

* Police are not allowed to frisk for anything except weapons. If, during a weapons pat, an officer discovers something 'suspicious' you don't have to show it to them.

Although the police have been given a lot of leeway to 'check for weapons', the Supreme Court has ruled (in the key decision Minnesota v Dickerson, 1993) <http://supct.law.cornell.edu/supct/html/91-2019.ZO.html> that a weapons search may not be used as a pretext for a more general search. In Minnesota v Dickerson, a man was stopped coming out of a 'notorious crack house' and was patted down in a 'Terry Stop'. The officer noticed something in the man's pocket which he said 'felt to be a lump of crack cocaine in cellophane'. He reached in the defendant's pocket and found some crack-cocaine. The Supreme Court ruled that in order to determine whether the item was crack or not required a further, unwarranted search was necessary which was not acceptable by 4th Amendment standards.


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WARNING chronicshroom will rip you off! Don't trade with him! I sent him 20 spore syringes and he never sent me anything.

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Re: Was I illegally searched by the cop? [Re: kb73]
    #2522013 -

Thats the exact case I read as a matter of fact. And yea, your right. They ruled he had to futher investigate the lump to determine it was drugs. I'm just saying almost every cop is going to further investigate the lump and charge you with it, despite the fact they know it's not a weapon.


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Yeah spinnin' around again
yea caught in a tailspin

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Re: Was I illegally searched by the cop? [Re: ChiefThunderbong]
    #2522059 -

Here are the two most important phrases in existence for anybody who is being detained by the police:

1) "I have nothing to say, officer." I would only say this if the police officer has found something very incriminating, and you are most likely about to be booked.

2) "No officer; you do not have my consent..." Most likely to be used if one is being asked for permission to search one's vehicle/bag.

I hope that these can help somebody. :beer:


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Funniest shit I've read in a while:
http://www.shroomery.org/forums/showflat.php?Cat=&Number=886829&page=&view=&sb=5&o=&fpart

"He who controls the spice controls the universe!"

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Re: Was I illegally searched by the cop? [Re: Arrakis]
    #2522110 -

Good advice dude, just thought I'd add this since we've been talking about it.

3) "I'm not sure, but it's certainly not a weapon"
that would be used during a pat down, in response to the question "what is this in your pocket".


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Yeah spinnin' around again
yea caught in a tailspin

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Re: Was I illegally searched by the cop? [Re: ChiefThunderbong]
    #2522705 -

ChiefThunderbong said:
Quote:
eh.. thats a touchy one.


My thoughts exactly. Your friend acted suspicious, the cop treated you like you were suspicious. It does sound like it was a dickhead cop, and he went a little far with searching the car (although your friend prolly said he could). But he was just doing his job, your friend fucked up.


Well my friend is a dumbass. He said that his dad did it all the time(opening the door after getting pulled over before the office has reached your door). But I've never heard of shit like that. It was a speeding ticket and a failure to yield to the right(which was a bullshit ticket because we were in the left lane, and got in the center to turn onto a street).

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2522747 -

Quote:
He said that his dad did it all the time(opening the door after getting pulled over before the office has reached your door).



That always sets them off as suspecious behavior, because it looks like you're trying to draw attention away from the car by getting away from it and getting out. I've heard them mention on several cop shows that that is suspecious behavior and they are always extra watchful of people that try to get out of their car.


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WARNING chronicshroom will rip you off! Don't trade with him! I sent him 20 spore syringes and he never sent me anything.

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2522913 -

Just be thankful the cop didn't charge your friend with DUI or you with aiding and abetting DUI!

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2522965 -

if the cop thought there was a weapon the search of the car was justified... a cop can really search anywhere he damn pleases, you're not allowed to stop him... the prohibition against illegal searches only applies to whether a piece of evidence is admissable or not, and has no bearing anywhere outside of a trial court.

if he found a baggie under the seat, you could have objected to it in court, and it would likely get thrown out...


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We got Nothing!
we're no longer selling jars.  :laugh:

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Re: Was I illegally searched by the cop? [Re: MikeOLogical]
    #2523974 -

The cop is allowed to pat you down and even handcuff you to ensure his safety

the search of the car illegal, its an 'arm span search', an item giving PC has to be in sight with out the officer disturbing any thing, some cars can be searched reasonably well through a window


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California Has Legalized Child Prostitution

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Re: Was I illegally searched by the cop? [Re: snaxstix]
    #2526771 -

> Did the pig overstep his boundaries when he searched me?

No. As you described it, everything was legal. The only iffy part was when your friend was detained (in the back of the cop car).


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Just another spore in the wind.

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