I was pulled over for a stolen car put my cars not stolen. Now i have a gun charge

Status
Not open for further replies.

jgarcia669

New Member
police put a stolen car alarm on my on my plate hoping to catch a murder suspect. but i had no idea of his where abouts. i was followed for weeks and my car was being searched over an over again by any cop car with a plate reader. on one of these stops they recovered a fire arm. now the number 1 question is can a police put a alert on your car that its stolen when its not an if so when u meet with them for questioning an they deside that theres no need for the alarm anymore but forget to take it off can u still be charged with the content in ur car even thoe u was stopped under false pretents.
 
I doubt the police had identified your car as "stolen". It was more likely flagged as one to watch for for investigative purposes.

I have to ask- each of these times that the police stopped you, how did they get access to your car to search it? I'm willing to bet that you gave consent each time.

If you can show that they searched your vehicle without your consent on these occasions then you might have a defense regarding the firearm.

As for the alert on your plate- I suspect you are unfamiliar with they various flags that they can place on vehicles. Granted they may have told you that it was showing up as stolen, but they were obviously trying to conceal their true intentions... and no, it is not illegal for them to lie to you.
 
I concur with mightymoose - it was probably some sort of notification alert that was on your car. Apparently you are considered a likely associate for the violent thug they are looking for.

By itself, I doubt that gives them the authority to search your car. However, unless you objected when they asked to search it, they had every right to do so. Your silence or lack of refusal can be inferred as consent.

So, next time, if you are not on probation or parole for the firearm or some other offense, simply refuse to grant your consent to the search.
 
Each time they pulled me over they had there guns out i was searched an detained in the police car until they called the precinct that the alarm came from and they verified that the alarm was suppose to be taking off. I never gave the officer permission to search the car. Put the officer said in the report that i utter theres a gun in the car when asked if i had anything i wasnt suppose to have. The alarm was placed on my car may 5th, on may 17th the alarm was suppose to be removed becouse they found that i did not no where there suspect was. Then on july 21 im being pulled over and a gun is recoverd. On july 22 they get there suspect by taking my phones an going through the numbers. On november 20th me and my wife is taking out the car at gun point searched an detained until they verified again that the alarm should not be there. I had to go down to the precinct and spend 2 1/2 hours and have them run the plate there to make sure it was off. Are they no laws to protect people from police forgetting to take an alarm on ur car and putting my family an friends in danger every time they pull me over for this alarm. Each time i was pulled over i was told my the officers in to different towns that the car was stolen. Thanks for the feed back.
 
If you feel you have been harmed in some way, if the stops are continuing, or if you feel your rights were violated and you can articulate damages, contact an attorney. Otherwise, if they have removed the alert or notification, it would seem the problems should end.

It seems a stretch for them to have gone through your cell phone info, but it seems that you did have some information about a bad dude after all.

Your call as to what you want to do about it. I suspect the officers will have a slightly differing version of events.
 
Thanks for your feedback; however, my main concern is due to the fact that the alarm was not suppose to be on my vehicle at the time of the arrest for the gun possession and that I was pulled over for a false reason, shouldn't my case be dismissed?
 
Thanks for your feedback; however, my main concern is due to the fact that the alarm was not suppose to be on my vehicle at the time of the arrest for the gun possession and that I was pulled over for a false reason, shouldn't my case be dismissed?
Your attorney can certainly try to make such a motion for dismissal, but that may be a separate issue against the agency that flagged your vehicle. The agency and officers that made the stop likely did so in good faith. Though, I am not sure whether such an alert would give them lawful cause to stop your car, much less search it. These are issues you need to bring up to your attorney.
 
Your comments are exactly the concerns which were brought up by my attorney and I; however, we are trying to find a case in which a judge ruled in favor of the defendant in a case similar to my case. Are you aware of where we can search case files which would possibly turn up such rulings?
 
for a cheap and dirty search you can use Google, click on options and click on scholar. You can then choose the state and legal opinions.
your lawyer should be able to look up cases if this isnt his first case, I et thats one of the first things they do in law school? If you have a public defender, good luck. If he has time it wont be much.
 
police put a stolen car alarm on my on my plate hoping to catch a murder suspect. but i had no idea of his where abouts. i was followed for weeks and my car was being searched over an over again by any cop car with a plate reader. on one of these stops they recovered a fire arm. now the number 1 question is can a police put a alert on your car that its stolen when its not an if so when u meet with them for questioning an they deside that theres no need for the alarm anymore but forget to take it off can u still be charged with the content in ur car even thoe u was stopped under false pretents.

dfffffffffffffffffffff
 
Status
Not open for further replies.
Back
Top