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4th amendment violation

Discussion in 'Constitutional Law & Civil Rights' started by Gaston4700, Jul 3, 2020.

  1. Gaston4700

    Gaston4700 Law Topic Starter New Member

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    I was driving on i55 coming from Arizona to Ohio in a moving truck. just leaving St. Louis Missouri. About 2 minutes in i notices the State trooper on the middle between the freeway lanes. I was looking for an exit so that i may look for somewhere to pee and grab something to eat. As i was heading down the exit when i noticed the Trooper was following me. As i stopped at the store he drove by looking at me. Once i got on the freeway again the Trooper proceeded to follow me again. The trooper followed me for 5 minutes then drove up next to my window and made eye contact with me then drove behind me and pulled me over. When the officer came to my window he said that he pulled me over for swerving on the shoulder line. I said ok, yes i was eating a sandwich. He asked me to get out of my vehicle, so i did as told. Thru out the time i was in the vehicle the trooper asked personal questions as normal coversation. After all said and done the trooper gave me my belongings, shoke my hand and said good to go. told me i was good to go. I tried to verify am i good to go, he said yes but let meask you a question, i said whats up? He asked me if he could search my vehicle before i left. I told him No, i pointed with my finger and told him “No, im just gonna take off” he said ok, looked at me and proceeded to ask a series of question. Do you have marijuana, cocaine, methamphetamine, heroin weapons, etc. To which i replied No. He asked me again if he could search and again i said no. Then he asked if i had inspected my belongings to see if anything was broken for insurance purposes. I said no that i dont have insurance. Again he asked the same series of questions, marijuana, cocaine, etc. Again i said No. The Trooper then again asked for “us” to inspect the vehicle for broken items. I realized he was not gonna let me go, so i agreed to inspect for broken items. As i was getting out of squad car the Trooper made a motion as to go for his gun and said i need to stay inside. I got scare so i did. After the Trooper came back he sat in the car silent for about 10 seconds, awkward silence so i asked “am i good to go” he said no im calling a k9. I told him i didnt give him concent for a dog, he said he didnt need it. The officer never returned my keys after his initial search that did not turn up anything. The Trooper made me wait around 19 minutes for the dog to come and give a probable cause. No, the trooper did not find anything suspicious, he just said that my furniture looked like junk. The total of the stop until there was a reasonable suspicion was ruffly 32 minutes. 19 minutes from the moment he handed me the warning. Yes in the end i was arrested. I did my time for what i did wrong, i paid. Now i tried to have my case suppressed but as it turns out, the County of Madison, Illinois, has a currupt system working against minorities. I was not allowed to file a motion to suppress. My attorney refused extremely to file said motion. From day 1 i knew it was illegal. Yet i did what was required. I filed a complaint against my attorney, yes i had a public defender. After a year of fighting with my attorney, who was offering me no less than 10yrs at 85%, my attorney came 1 day and said to me, “You're lucky your smart and you’re lucky you’re a pain in my ass,would you take time served”. At this point i had spent 1 ½ yrs fighting all this, so i said ok because he told me i would be leaving as soon as i signed. The day i signed my attorney said that now i would have to do parole and i would have to stay in Illinois. Currupt sytem ended making me do 1 more yr for the parole because i was not from around there. As i was incarcerrated i filed a civil suit. I believe i deserve compensation for the violation of my rights, i did everything the justice system and new social norms dictate. I listened and went thru the motions. I went thru alot. I did not see the sun, literally, for the whole time in jail until they took me to court to sign. Officers are working with impunity. Now, since i got out i have been working as a certified Spanish/ English interpreter. Since this pandemic started in February i have been working 12-13 hrs shifts helping the Medical, Finacial and Law enforcement fields. I am not familiar in what to do next in my case, i cant even look at what has been filed. I'm literraly an essential worker and i take my job seriously especially in this pandemic times. I believe they have ruled i favor of the Trooper due to me not following up. I need help. They violated my rights, mentally im not the same, but i have a job that requires my attention right now, our country needs me. I have a list of 32 latino individuals that had a bad case due to illegal search and seizure also in the same time i was in jail. Huff v Reichert happened almost in the same location as mine did. Case is extremely similar, except he didnt go to jail. Mr. Huff received 100k for his violation. The case of Rodriguez v. US is what im fighting. Am i right for doing so, please i need advice. Im currently back in Arizona.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You "I got rights" people are your own worst enemies.

    That was the exact moment you should have STFU and quietly gotten into your vehicle and drove off.

    You write that you need help. For what? What is your goal?
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Your story leaves some important parts out. The officer did a search, but according to you the officer found nothing in the search and just told you that your furniture "looked like junk". You jump from that to saying you were arrested. If the officer found nothing then why were you arrested? If the office found nothing, then why would you need a motion to suppress? Your story suggests that something was found. What was it? Drugs? And what were the charges? You also said that you spent 1½ years sitting in jail before signing a plea agreement and that the state originally offered a plea for 10 years at 85%. That suggests to me that this was something more serious than simple possession of drugs.

    You took a plea agreement and in doing so admitted guilt to the charge(s) in the plea agreement. That's not going to help your civil suit. It's not possible to say with just what you told us whether the search that was done was valid. It is important to know what the cop's version of events was and what evidence there may be other than your testimony and the cop's testimony. The fact that your attorney apparently didn't feel that there was a good shot at suppression suggests that the search might have been valid or at least that you didn't have enough to convince a court that the search wasn't good.

    You'd really need to have an attorney review your case and what you've filed so far to get advice on your next steps. We aren't able to do that here.
     
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  4. Gaston4700

    Gaston4700 Law Topic Starter New Member

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    Thank you for the reply. Yes i was caught with 200 lbs of marijuana. And the reason being that they did not want to grant me my motion to suppress is do to the fact that how is it possible that a low life that got caught with 200 lbs of marijuana can know he has rights. When politics gets involved nobody wants to release someone that just made them look good in the media. Either way it should make more sense to state that, when have you heard of someone being offered 1 1/2 yrs for Trafficking charges and a Unlawful possesion of a weapon. I myself think that is ridiculous, though i am grateful. Have you heard of someone with 250lbs of marijuana getting offered 1yr time served? I witnessed it. I am aware i plead guilty, but my rights were violated. When was the last time you were afraid you might not make it out alive of a traffic stop? If you dont respond to an officer they consider that suspicious. I want monetary compensation. I paid for my crime. I believe they should pay for theirs. The law is the law, right? I really dont know much about legal stuff. All i know is what i learned in jail in regards to my case. I filed a suit, but i dont know much and because of my job i really dont have much time to pursue. But i believe that in these times of the Pandemic justice should not be forgotten or shun because they know how to work the system.
     
  5. Zigner

    Zigner Well-Known Member

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    What right(s) do you believe was (were) violated? I don't see any 4th amendment problem here...
     
  6. mightymoose

    mightymoose Moderator

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    I am not clear why you were in the police vehicle to begin with, but as you describe the scenario I see a couple issues to address. That no contraband was found and used against you pretty much eliminates any need to pursue any action though. Perhaps a formal written complaint to the department at most.

    The officer initially said you are free to go and you failed to take advantage of that opportunity to just leave. The additional questioning that followed could have made it seem as though you were not free to go despite what he said. In the future, when you are told you are free to go, just go.

    You eventually were persuaded to consent, and consent obtained this way is questionable, but again, nothing was found anyway.

    Once consent is given it may be withdrawn at any time. By ordering you to stay in the vehicle the officer prevented you from being able to withdraw consent. Again, since nothing more developed, there is no use in pursuing an argument here.

    The officer may have detained you longer than was reasonable for having swerved as he went on a fishing expedition for something to use against you.

    If this was a recent incident, in the past few days, make a complaint to the department and let it go.
     
  7. army judge

    army judge Super Moderator

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    Madison County is a county in the U.S. state of Illinois.

    It is a part of the Metro East in southern Illinois.

    According to the 2010 census, it had a population of 269,282.

    The county seat is Edwardsville, Illinois, and the largest city is Granite City, Illinois.




    There seems to be a pattern of certain alleged crimes discovered and prosecuted in Madison County, IL along I-70 & I-55:

    Vegas man forfeits $727K to Madison County in plea deal after traffic stop

    Two Arizona women arrested after Illinois trooper finds hidden $500,000 during traffic stop

    Madison County traffic stops net nearly 750 pounds of pot

    Authorities in Madison County find 600 pounds of marijuana in semi

    Illinois State Police seize 67 pounds of weed, arrest 3 in 2 Johnson County traffic stops this month



    Sometimes people start, get smacked, and refuse to stop certain "behaviors":

    Police: Nevada man had oxycodone
     
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  8. mightymoose

    mightymoose Moderator

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    Well shoot... I don't know how you got from the officer not finding anything suspicious to being arrested for trafficking. I thought you were talking about a prior offense.

    You need to be able to explain what happened more clearly.
     
  9. army judge

    army judge Super Moderator

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    Uhh, never, because I don't break their traffic laws.

    If you don't disobey their traffic laws, maintain your vehicle according to their motor vehicle laws, you won't ever get stopped by their police.
     
  10. mightymoose

    mightymoose Moderator

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    After reading all the way through, it seems the trooper likely had information on the contents of the vehicle before the stop.
    If only that sandwich hadn't caused the driver to swerve he may have gotten a few more miles before being stopped for some other lame reason.
     
  11. army judge

    army judge Super Moderator

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    Wild game seems to be plentiful in Madison County, IL along the I-55 and I-70 corridors.
     
  12. Gaston4700

    Gaston4700 Law Topic Starter New Member

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    I can assure you that if you look into "all" these cases you just mentioned. The stop was becasue they "swirved over the traffic line" or "driving too close to the vehicle in front". My point is they actually have something called operation Valkyrie. This was told to me from an Attorney in Madison county, and confirm by a jail guard. When a spanish speaking only individual gets arrested, the next day an attorney shows up to see if you require his assistance. Alot of weird things going on. Either way, my point is... I was told i was good to go, but i was never free to go. The Trooper held me there, even after said "concent" he didnt find anything that constituted a reasonable and articulable suspicion. That why i said, Rodrigues v. US, after the authority for the initial stop has ended, hence the traffic violation, the officer has no right to detain you without a "reasonable articulable suspicion". I wanted to go, but like i said, when was the last time you got pulled over and feared you wouldnt make it out alive. I doesnt matter if you break the law or not. Fear is fear, the reality is officers do discriminate, im sorry to say. I dont have nothing against the law. I yave family law members. I help officers, and i have helped prosecutors. This same Trooper has a few cases against him in the same county. Yet, i am one man against them.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    I'm confused. How did you get from "the officer found nothing" to being caught with 200 lbs of marijuana?
     
  14. mightymoose

    mightymoose Moderator

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    You do not truly know that because you did not leave when given the opportunity. Had you attempted to leave and the officer stopped you that would be a different situation requiring more justification from the officer.

    How do you know what he did is did not find? What was on the police reports? Surely you have read them by now.
    I would suspect 200 pounds of marijuana would give just a little bit of a recognizable scent, even if in sealed bags.
    He may have also had a tip from an informant that drew his attention to you to begin with.
    I bet the officers report explains his justification pretty well from his own point of view.

    Again, read the officers report. You have access to it. During the stop did he detect a scent that through his training and experience he recognized as marijuana? I bet the report indicates why the officer held you longer. I can't say whether it was reasonable or not, but I bet it is addressed. If it is not addressed at all then that would be a concern.
    Also, the officer did tell you that you were free to go and you did not leave. You continued to answer questions voluntarily and eventually broke down and gave consent to search.
    You don't give enough information to assess if the officer reasonably detained you while waiting for the dog. That information would be in his report.
     
  15. Gaston4700

    Gaston4700 Law Topic Starter New Member

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    I have the police report. But best of all i have the video. The Trooper only stated he thought my belongings were junk, like previously mentioned. That was his statement in regards to justifying holding me until the k-9 came and actually gave a probable cause to further search the vehicle. There were no informants. Its more of profiling vehicle with liscence plates that are going from Arizona, California, New Mexico, and Texas. Project Valkyrie it is called. Thats why they are violating peoples rights. I really appreciate all the input, but if you guys could read Rodriguez v. United States - Wikipedia
     
  16. army judge

    army judge Super Moderator

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    Sorcery, witchcraft, magic?
     
  17. army judge

    army judge Super Moderator

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    To @Gaston4700

    Talk to a few criminal appellate attys where you reside.
    The initial consultation is normally free.

    See what you can learn

    The problem for you is that you copped a plea.
    It is impossible to undo a plea.

    Read your plea, you voluntarily and knowingly waived your right to appeal once the judge admonished you in open court before allowing you to accept the plea.

    You finalized any and all waivers once you and your attorney affixed your signatures to the plea deal.

    I know the Rodriguez case, in fact I've successfully used it to have three cases overturned, two remanded for a new trial, one simply overturned.



    Good luck.
     
  18. mightymoose

    mightymoose Moderator

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    The officer's written report is better than the video. That he did not inform you of his suspicions or findings does not mean he did not have justification for doing what he did. That information SHOULD come out in a full written report.
    As above, because of your plea you will need some help to determine whether there is any action for you to take.
     
  19. Tax Counsel

    Tax Counsel Well-Known Member

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    I think he'd be better off with consulting a civil litigation attorney who handles civil rights claims since his question involves his civil lawsuit for damages for his claim of alleged civil rights violations rather than an appeal of the conviction itself.

    It is not impossible to set aside (undo) a plea agreement in Illinois. But, as in most states, it is quite difficult. The Illinois courts set the following criteria for setting aside a plea agreement:

    A defendant does not have an absolute right to withdraw a guilty plea and bears the burden of demonstrating to the trial court the necessity of withdrawing the plea. People v. Allen, 323 Ill.App.3d 312, 257 Ill.Dec. 20, 752 N.E.2d 1200 (2001). Leave to withdraw a guilty plea is not granted as a matter of right, but as required to correct a manifest injustice under the facts involved. People v. Hillenbrand, 121 Ill.2d 537, 118 Ill.Dec. 423, 521 N.E.2d 900 (1988). Leave should be granted if it appears that (1) the plea was entered on a misapprehension of the facts or the law, (2) there is doubt as to the guilt of the accused, (3) the accused has a meritorious defense, or (4) the ends of justice will be better served by submitting the case to a jury. Davis, 145 Ill.2d at 244, 164 Ill.Dec. 151, 582 N.E.2d 714. In the absence of substantial objective proof that a defendant's mistaken impressions were reasonably justified, defendant's subjective impressions are insufficient grounds on which to vacate a guilty plea. People v. Hale, 82 Ill.2d 172, 44 Ill.Dec. 501, 411 N.E.2d 867 (1980). A trial court's denial of a motion to withdraw a guilty plea will not be disturbed on appeal unless the decision was an abuse of discretion. Davis, 145 Ill.2d at 244, 164 Ill.Dec. 151, 582 N.E.2d 714.

    People v. Dougherty, 394 Ill. App. 3d 134, 140, 915 N.E.2d 442, 447 (2009).
     
  20. army judge

    army judge Super Moderator

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    My suggestion was related to the OP having a discussion about his concerns to better understand if any remedies exist, not to retain a litigator.

    I suspect if the attorney sees merit in his claims, he/she would suggest specific referrals.

    I see nothing in OP's recitation of events that suggests any flaws in the plea agreement.

    He appears to have been represented by counsel, and I suspect the trial judge admonished and instructed him regarding the plea, and inquired as to whether his attorney had spoken with him and educated him relative to the legalities with respect to his plea.
     

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