Location: Aventura, Dade County, Florida
I reside in Broward County, but was visiting Dade County, more specifically the Aventura Mall. I went to the mall with 3 acquaintances. Thus a total of 4 occupants, including myself, were in my vehicle, a 2004 Honda Accord Coupe (2 DR). Upon leaving the parking garage that resides at Aventura Mall, a passenger in my vehicle threw an "Arizona Ice Tea" canister out the passenger window. As I completed my exit from the parking garage and entered in the roads surrounding the mall, an Aventura Police office turn on his lights and pulled me over. The officer asked for my License, Insurance, and Registration. I immediately provided the officer with my license and insurance, but had trouble finding my registration. A short time moment later my registration was found and provided to the officer. The officer told me he saw a beer canister thrown out the vehicle from the passenger window. The passenger who initially threw the Arizona Ice tea canister, informed the officer it was not a Beer canister, I myself informed the officer of the same thing. The passenger then proceeded to advise the Officer he can go check and see the canister was not a beer canister
I proceeded to advise the officer I had no trouble returning to the scene and picking up the canister even though I physically wasn't the one who threw out the canister. Officer states reason he pulled us over was littering. Officer advised me to wait in vehicle, a few moments later the Officer came to the driver side window, where I was seated as the driver, and advised me to step out the vehicle. I went ahead and followed Officers order, and by that time a 2nd officer showed up as well. The original officer advised me that if I worked with him he would work with me, and then proceeded to ask me if I had any drugs in the vehicle, I replied "NO". The 2nd officer started to say the exact same thing, and advised me to just let them if anything was in the vehicle that they should know about. Now I addressed both officers and advised them I "NO". The 1st/Orginal Officer, who pulled me over, asked if he could search my vehicle, I replied "NO". The Officer then stated why not, I advised the officer because he had no reason to search my vehicle. The officer replied. "OK", and proceeded to call for k9 unit via dispatch.
At this point the officer advised me, "Ok now we will see if there is any reason to search the vehicle". The officer had me wait for quite some time outside my vehicle. When the K9 unit arrived, the officers had the front seat passenger exit the vehicle, the same individual who threw the Ice Tea canister. The proceeded to search him and found 2-3 Small bags of what the officer claimed to be marijuana on the floor by were the passenger/individual was being search, The officers began to shout and at the passenger and asked if he thought they were stupid, the passenger replied and stated why, and officer showed the passenger the bags they found, and asked him, "Are you going to tell me this is not yours? Do you really think were that stupid?"
Then the Officers, now totaling 3 officers stated they needed to search me, and the rest of the individuals in the vehicle. The asked the remaining two occupants to step out the vehicle, and searched them and myself. The officers did not find any contraband on us. The K9 unit officer then came to me and stated he found a bottle of liquor in the vehicle, and asked if I had been drinking, I advised officer I had not been, then he keep asking the same exact question, at this point I ignored the officer, and he replied "you are not going to talk to me?", I exercised my right to remain silent with this officer, and ignored his comments/questions. The officers by this time had already cuffed and put the passenger to which they claimed had dropped the bags of marijuana, in the back of the 1st officer's police car. Then the proceeded to search my vehicle with out my consent, and the K9 was not even brought out at this point. They claimed they found a bag of marijuana on the driver side pocket to which I had no knowledge of, they then proceeded to cuff me, and advised me I should have told them upfront what was in the vehicle, I exercised my right to remain silent again at this point. The officers then threw me in the back of the police car where the passenger who was cuffed earlier was sitting in. At this point while seated in the backseat with the passenger I advised him the found they found some marijuana on the driver side pocket, I told him I had no idea where it came from, and asked whose was it, passenger replied ill let the officer know. The officer came back into the vehicle to fill out the police report, and the passenger advised him all the marijuana was his, the officer then replied, "oh what about the bad on the driver side? Is that yours too?" The passenger replied several times, "Yes", Passenger informed officer "I was driving earlier must have left it there", and advised officer again multiple times that the marijuana in fact was not mine, but his. At this point I advised officer, I did not lie to him at all, and that nothing was found on me, or in my vehicle that I had knowledge off, and reminded officer the passenger is confessing/advising him that the marijuana is his not mine. The officer then exited the vehicle, and for the first time the K9 was brought out at this point and was circled around my vehicle, the officers ruined/damaged/broke several parts of the interior in the process of searching my vehicle. Nothing else was found in the vehicle, the original officer again entered his vehicle with me and the passenger cuffed in the backseat, again I advised officer the marijuana is not mines, and that the passenger is again confessing it is his, at this point the passenger advises the officer the same thing. The officer replied, "All I have to prove is why I pulled you over, that's it!" Then I replied why do I have to get arrested if its not even mine and this man is even telling you it is his, and even admitted he left the bag on the driver side from an earlier time. The officer replied, " Look I would let you go, but the drivers who are going to transport you from the holding cell to the main jail are working over time tonight", at this point I was upset and said no more, and his comment made no sense to me. Then he advised me that he can have my vehicle towed, or the two other occupants can take my vehicle with my permission, I advised the officer they could take and drive my vehicle. I was bonded out by family members, and the passenger was ROR, released on recognizance. We were both charged w/ possession of marijuana under 20 gs, a misdemeanor. Upon being bailed out and returning to my residence, and inspecting my car, there are several parts of the interior that is damaged beyond repair and need complete replacements. The passenger states he is willing to testify that the marijuana is his if I go to the judge and plead not guilty, but I highly doubt this will happen due to the fact this individual is on probation in Broward County, and amazingly was not VOP(violation of probation), when booked, and was released.
I witness the officer way the bag of marijuana he found on a scale he had in his vehicle, and no point did he remove the bag/enclosure to way the marijuana itself, and he lied/fabricated the police report, he stated in the report that he originally pulled us over because a paper was thrown out the driver side, then he stated he had smelled a strong odor of marijuana, which I find unlikely and most likely was the Black and Mild that a passenger in the back seat was smoking even as we were pulled over, taken out, and searched.
I was charged with, .7 grams, and the other passenger was charged with 2.0 grams.
I did not consent search
They damaged vehicle
Any way to get audio from within the police car, as far as to what was said.
I do not want first offenders program, or with held of adjudication, I want this completely dismissed/dropped.
Any help/suggestions/advice greatly appreciated.
P.S. Also I do have a previous marijuana charge when i was 18, and adjudication was witheld, but to go that route was an ill decision on my part, i know i could have went to trial and had it dismissed, the marijuana was found on the ground by some bushes and myself, and including 3 others were taken in although it was not found on us or in my vehicle. I was convinced by a lazy attorney to just cop a plea, and that trial would be too expensive.
I reside in Broward County, but was visiting Dade County, more specifically the Aventura Mall. I went to the mall with 3 acquaintances. Thus a total of 4 occupants, including myself, were in my vehicle, a 2004 Honda Accord Coupe (2 DR). Upon leaving the parking garage that resides at Aventura Mall, a passenger in my vehicle threw an "Arizona Ice Tea" canister out the passenger window. As I completed my exit from the parking garage and entered in the roads surrounding the mall, an Aventura Police office turn on his lights and pulled me over. The officer asked for my License, Insurance, and Registration. I immediately provided the officer with my license and insurance, but had trouble finding my registration. A short time moment later my registration was found and provided to the officer. The officer told me he saw a beer canister thrown out the vehicle from the passenger window. The passenger who initially threw the Arizona Ice tea canister, informed the officer it was not a Beer canister, I myself informed the officer of the same thing. The passenger then proceeded to advise the Officer he can go check and see the canister was not a beer canister
I proceeded to advise the officer I had no trouble returning to the scene and picking up the canister even though I physically wasn't the one who threw out the canister. Officer states reason he pulled us over was littering. Officer advised me to wait in vehicle, a few moments later the Officer came to the driver side window, where I was seated as the driver, and advised me to step out the vehicle. I went ahead and followed Officers order, and by that time a 2nd officer showed up as well. The original officer advised me that if I worked with him he would work with me, and then proceeded to ask me if I had any drugs in the vehicle, I replied "NO". The 2nd officer started to say the exact same thing, and advised me to just let them if anything was in the vehicle that they should know about. Now I addressed both officers and advised them I "NO". The 1st/Orginal Officer, who pulled me over, asked if he could search my vehicle, I replied "NO". The Officer then stated why not, I advised the officer because he had no reason to search my vehicle. The officer replied. "OK", and proceeded to call for k9 unit via dispatch.
At this point the officer advised me, "Ok now we will see if there is any reason to search the vehicle". The officer had me wait for quite some time outside my vehicle. When the K9 unit arrived, the officers had the front seat passenger exit the vehicle, the same individual who threw the Ice Tea canister. The proceeded to search him and found 2-3 Small bags of what the officer claimed to be marijuana on the floor by were the passenger/individual was being search, The officers began to shout and at the passenger and asked if he thought they were stupid, the passenger replied and stated why, and officer showed the passenger the bags they found, and asked him, "Are you going to tell me this is not yours? Do you really think were that stupid?"
Then the Officers, now totaling 3 officers stated they needed to search me, and the rest of the individuals in the vehicle. The asked the remaining two occupants to step out the vehicle, and searched them and myself. The officers did not find any contraband on us. The K9 unit officer then came to me and stated he found a bottle of liquor in the vehicle, and asked if I had been drinking, I advised officer I had not been, then he keep asking the same exact question, at this point I ignored the officer, and he replied "you are not going to talk to me?", I exercised my right to remain silent with this officer, and ignored his comments/questions. The officers by this time had already cuffed and put the passenger to which they claimed had dropped the bags of marijuana, in the back of the 1st officer's police car. Then the proceeded to search my vehicle with out my consent, and the K9 was not even brought out at this point. They claimed they found a bag of marijuana on the driver side pocket to which I had no knowledge of, they then proceeded to cuff me, and advised me I should have told them upfront what was in the vehicle, I exercised my right to remain silent again at this point. The officers then threw me in the back of the police car where the passenger who was cuffed earlier was sitting in. At this point while seated in the backseat with the passenger I advised him the found they found some marijuana on the driver side pocket, I told him I had no idea where it came from, and asked whose was it, passenger replied ill let the officer know. The officer came back into the vehicle to fill out the police report, and the passenger advised him all the marijuana was his, the officer then replied, "oh what about the bad on the driver side? Is that yours too?" The passenger replied several times, "Yes", Passenger informed officer "I was driving earlier must have left it there", and advised officer again multiple times that the marijuana in fact was not mine, but his. At this point I advised officer, I did not lie to him at all, and that nothing was found on me, or in my vehicle that I had knowledge off, and reminded officer the passenger is confessing/advising him that the marijuana is his not mine. The officer then exited the vehicle, and for the first time the K9 was brought out at this point and was circled around my vehicle, the officers ruined/damaged/broke several parts of the interior in the process of searching my vehicle. Nothing else was found in the vehicle, the original officer again entered his vehicle with me and the passenger cuffed in the backseat, again I advised officer the marijuana is not mines, and that the passenger is again confessing it is his, at this point the passenger advises the officer the same thing. The officer replied, "All I have to prove is why I pulled you over, that's it!" Then I replied why do I have to get arrested if its not even mine and this man is even telling you it is his, and even admitted he left the bag on the driver side from an earlier time. The officer replied, " Look I would let you go, but the drivers who are going to transport you from the holding cell to the main jail are working over time tonight", at this point I was upset and said no more, and his comment made no sense to me. Then he advised me that he can have my vehicle towed, or the two other occupants can take my vehicle with my permission, I advised the officer they could take and drive my vehicle. I was bonded out by family members, and the passenger was ROR, released on recognizance. We were both charged w/ possession of marijuana under 20 gs, a misdemeanor. Upon being bailed out and returning to my residence, and inspecting my car, there are several parts of the interior that is damaged beyond repair and need complete replacements. The passenger states he is willing to testify that the marijuana is his if I go to the judge and plead not guilty, but I highly doubt this will happen due to the fact this individual is on probation in Broward County, and amazingly was not VOP(violation of probation), when booked, and was released.
I witness the officer way the bag of marijuana he found on a scale he had in his vehicle, and no point did he remove the bag/enclosure to way the marijuana itself, and he lied/fabricated the police report, he stated in the report that he originally pulled us over because a paper was thrown out the driver side, then he stated he had smelled a strong odor of marijuana, which I find unlikely and most likely was the Black and Mild that a passenger in the back seat was smoking even as we were pulled over, taken out, and searched.
I was charged with, .7 grams, and the other passenger was charged with 2.0 grams.
I did not consent search
They damaged vehicle
Any way to get audio from within the police car, as far as to what was said.
I do not want first offenders program, or with held of adjudication, I want this completely dismissed/dropped.
Any help/suggestions/advice greatly appreciated.
P.S. Also I do have a previous marijuana charge when i was 18, and adjudication was witheld, but to go that route was an ill decision on my part, i know i could have went to trial and had it dismissed, the marijuana was found on the ground by some bushes and myself, and including 3 others were taken in although it was not found on us or in my vehicle. I was convinced by a lazy attorney to just cop a plea, and that trial would be too expensive.
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