Arrest, Search, Seizure, Warrant 1st offence possesion of pot

[wanaply21]

this could only happen on the most popular pot smoking day of the year....4/20/05, well its started out by me and my buddy heading into a head shop called natural mystics, as we were going in we saw the cop ride right past us in front of the store, we thought nothing of this, well we went in i wasnt allowed to go in the area containing the bongs bowls ect. because i am only 16, we went there but did not buy anything so we were heading back to my friends car, we were driving down a hill and as we were about to make a turn all of a sudden we here whoop whoop! the 2 cops in the car flagged us down right on the corner of the street, the cops proceeded to the car while my friend was hiding what he had under my seat (a grinder with keef and pot in it) i also had approx 1 gram of pot in my pocket that i kept there cuz i had no time to move cuz the cop was at my door so quick, immediately my friend asked what the problem was and the cop said our county sticker was out of date and it was a legit sticker, but when u have 2 cops breathing down ur neck u dont think 2 much, my friend was asked to step out of the car and was put in between both cars and was searched, nothing was on him so they proceeded to me, i stepped out of the car and i was searched and the gram that was in my pocket was found (either of us were asked to be search they just went ahead and did it) , this is something im concerned about beacause isnt the cop supposed to ask you if he can search you befor he actually does it???? after he found what was on me he proceeded to the car not asking permission to search this either, but only asked us is there anything else in this car i should know about, eiether one of us replyed so he just went ahead and searched the vehicle finding my buddy's grinder, while the cop was searching the vehicle the other cop in front of us was calling us names such as " the dope fairy's" and he profiled me because i was wearing a tye dye shirt.... he said because of what im wearing they could automatically assume i had it on me..... i just would like 2 know my chances of getting a reduced sentence because of all the errors the cops made and if them pulling us over for no reason at all will help us out, ty for reading i appreciate the help

 

[cmlzip]

Ok, first of all if the gram was just in one of your main pockets, which is what I'm assuming, "they say" that the cops have a right to do a "weapons search" on your person for their own protection so I think they had the right there. However if they found the packet in one of your small pockets inside of your main pockets or your sock or something, they must have reasonable information to do that. Now the important part here is: Once you exitted the vehicle did you leave the car door open? If you left the door closed, he must ask your permission to open it just to look around for anything laying out. Now if you left it open, they can actually look around for anything that is lying around. They cannot look inside anything, such as a glove compartment armrest, center console, trunk, etc... Did the police find the grinder under your friend's seat and charge him as well? Now if what you are saying is true: that he pulled you guys over for an expired "county sticker" and your sticker really wasn't expired, you definitely have a case and everything should be dropped with the help of an attorney or visiting the D.A.'s office. Did he give you a ticket or a warning for the expired sticker? Remember if you went afterwards and added a new sticker, it will be logged so they will be able to tell. Let us know.

 

[wanaply21]

i am 100% positive the county sticker was purple ( this years color, last years was green) but we were not thinking at the time and he did not change it afterwards i am positive, i closed the car door after i got out and yes the gram was in my main pocket but i dont see how he could have felt it from the outside because it was wrapped up in my money, he went inside my pockets and fingerd through it and found it but i had emptyd anything that was large and bulky in my pocket so it wouldnt seem so suspicious thx for the help i really appreciate and im glad to here what u say about the county sticker that helps me alot tysm!!!

 

[R_J_Hansson]

no probable cause!

I see know probable cause for a search of ANY KIND, including weapons! The police use a relatively short list of lies (1. acting suspicious; 2) anonymous tips; 3) as they approach you give an admission; 4) a furtive movement; 5) saw you stash it; 6) it was in plain view; 7) various moving violations ... this covers many /most of them!!) re the prob cause re the search. Did they come up w/one for you yet?