Drug Crimes, Substance Abuse first time in trouble

No. Imagine if you murdered someone and hid the body or the murder weapon in your friend's garage. The police then conduct a search of his garage without probable cause. He would have standing to challenge the constitutionality of the search, but you wouldn't. Why? Because it's his garage and not yours. But that wouldn't prevent you from being charged with the murder. Same thing here.

You need an attorney.[/QUOTE
That scenario implies that i would be the murderer,therefore guilty. I was an honest innocent bystander,but was not able to leave the car or scene. I was forced into staying until "he decided that we had done nothing wrong,and that allows him an indefinite amount of time"

The officer's job is not to answer any question that enters your head on the side of the road. Not only is he not there to argue with you, he's going to go out of his way to not argue with you.
I never assumed it was his job. My point rather,was that the officer listed one of the reasons to detain until a K9 arrived,was that the driver kept saying "huh"?The officer said it was the driver trying to buy more time to think,but in actuality,it was due to the loud roadway. My point was reiterated by my recording in which the officer would ask a question,and then after a reply was given,he would say "huh"? himself,because it was a loud roadway.

In 2015 the Supreme Court decided Rodriguez v United States. The details of that were briefly outlined above.
In your case the officer had probable cause to stop the vehicle. During that stop the officer developed a suspicion that some other crime may be taking place. Whether that suspicion is reasonable or not is ultimately for a court to decide.
The officer detailed that suspicion in the report, and I suspect all those circumstances as a whole will support the delay for the canine.
In your case the better defense may be that as the passenger you had no connection to the contraband found in the trunk, however there may have been other evidence or statements made that do connect you to it.
The reality here is that you encountered a police officer who was well trained, knew what to look for, and recognized common indicators when he saw them. His actions seem legitimate. The question here is whether they can make the charge stick to you or only the driver. The driver has little chance of beating this other than a plea to a lesser offense.
If you can afford private counsel you should obtain it.
I believe the officer had no suspicion at all and only called for a k9 based on being told the driver had 2 convictions when his license was ran. I obtained the Police radio feeds from the night of my arrest,and the officer called for a k9 4 minutes after the initial stop.
 
LUGGAGE | meaning in the Cambridge English Dictionary
"The bags, suitcases, etc. that contain your possessions and that you take with you when you are traveling"

Your backpack containing your possessions while you were traveling in the car IS "luggage", by definition.
I understand that a backpack containing my possessions is technically luggage. My point is that the officer listed a backpack as one reason,and luggage as another. there was only one backpack but I believe he listed it as both in a desperate attempt to add anything he could to his list of reasonable suspicion
 
Have you tried going to his office?
the arrest happened almost 4 hours away from where I live so I haven't been able to do that yet but I guess I'm going to be left with no other choice. the one time I spoke with him,he told me my case would be thrown out if it were in a bigger city,but not a small town like the one it happened in. Oh,he also strongly advised me to not seek council outside of that county if I were to be able to get the money together for a non court appointed attorney
 
the arrest happened almost 4 hours away from where I live so I haven't been able to do that yet but I guess I'm going to be left with no other choice. the one time I spoke with him,he told me my case would be thrown out if it were in a bigger city,but not a small town like the one it happened in. Oh,he also strongly advised me to not seek council outside of that county if I were to be able to get the money together for a non court appointed attorney
That's good advice. 1. An local attorney means you won't have to pay XXX.xx dollars for the attorney to drive to court and back to their office (that adds up quick and can add thousands to your bill). Also a local attorney will be familiar with the judges.
 
Back
Top