Arrest, Search, Seizure, Warrant Arrested at the gas pump

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confusedsug

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Tahama
My female friend and I were arrested at a local business for possession of marijuana. There were city officers and narcotic detectives on the scene. I was only parked for @45 seconds, long enough to hand my female companion money and ask her to pay while I pump. We were then surrounded by officers and detained. The officers pulled me out of the car and begin searching me and the car I was driving. They found five bags of that sticky stuff (two on my person and three in the vehicle). The head investigator reported to the newspaper that I was arrested due to an outstanding warrant ( a third degree misdemenor) which was dismissed the day I appeared in court. During the time I was arrested the officers did not produce a warrant. They never asked the owner to search the vehicle. Since the investigator stated to the press that I was arrested on the warrant which was a misd. charge, was it necessary for the officers to draw their guns on everyone inside the car including a two-year-old and a ten-year-old? Also, without ever producing a warrant are the contents that were siezed admissable into court? Any and all feedback is welcomed.
-confusedsug
 
Ok, so you're saying that the owner of the vehicle never gave any permission to search? Where were the bags of "sticky" found?? Another words were they visible to the eye of the officer without them opening anything (glove compartment, trunk, etc...). When they went to arrest you with guns drawn, were any of the car doors left open? Are you certain that the owner didn't tell the officer where the bags were or give consent? Were there any drug dogs on the scene? Reason I ask about the car doors being opened is because the officers have authority to look around inside your car, HOWEVER they are not allowed to open anything in your car (doors, trunk, glove box, center console, etc...) unless either you give them consent to search or the dogs alert to your car during a stop.

It sounds to me, because of the narcotics officers on the scene, that you or your friend may have been set up on a sting operation before this actualy stop. Are you sure that the warrant was only for a misd. charge and not for a drug arrest that may be tied to this? Also, were you charged only with possession of marijuana or possession with intent to distribute?
 
Yes, that should be your main question: how come that at a pit stop suddenly out of the blue the whole US cavalry appears to take an innocent citizen's car apart searching for drugs? These things don't happen like this.

I think you left out the beginning of the story. It very much sounds like you had been shadowed, probably since the moment that you bought the drugs. May be your friendly drug-wholeseller on the neighborhood street-corner worked for the cops. Of course, if this was a sting operation and the cops knew exactly what to find where, the legal aspects of this search change dramatically.
 
Personally, I never saw a warrant. Before being arrested, during, nor afterwards. The female friend was and is still charged with the same charge that I have. She never gave the officers the o.k. to search. I didn't know that all male officers could search a female without having another female officer on the scene. Another confusing issue: While being arrested for the socalled misd. warrant the passanger asked me why didn't I tell her that the drugs were in the car. I told her that I could not let her know how I made my money. I also told the officers on the scene that the drugs were mine and that she never knew about the drugs. And guess what, they never read me my rights. By the way, I never opened the door, they opened it for me and pulled me out of the car with the slightest touch...honestly.
 
I almost forgot, the sticky was in a plastic shopping bag on the floor of the car, tied up. Keep in mind that the officers pulled me out of the car. After they pulled me out of the car, they were all over me. I had no chance to open or close any doors. I did leave out the most important part, I think. I was actually bringing someone some sticky, not buying it.
 
confusedsug said:
I almost forgot, the sticky was in a plastic shopping bag on the floor of the car, tied up. Keep in mind that the officers pulled me out of the car. After they pulled me out of the car, they were all over me. I had no chance to open or close any doors. I did leave out the most important part, I think. I was actually bringing someone some sticky, not buying it.
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This is all beginning to make sense now. First let me say that I do feel for you because this is a sucky situation because this is going to follow you around on your record for awhile and believe me it's hard out there to get a job with a drug arrest on your record. This is how I see it as have gone down:

You say that you were going to bring someone the green so right there I'm guessing the person you were going to bring the "sticky" to probably got busted recently and was now setting you up over the phone. Either that or you maybe just "brought" someone else some of that green earlier and that person set you up. Either way, it sounds like you were definitely set up by someone. So, they go to arrest you now that they have the goods on you at a local gas station. They pull you out of the car because they definitely know that it's you inside. Upon removing you from the vehicle, they do a weapons search and they find the weed on your person. Then they look through the car (without needing a search consent because they weren't opening any of the compartments) and see the contraband (weed) visible to the eye on the floorboard.

Do you know for sure what "ALL" you were charged with, other than the misdemeanor charge? This is important because this shows what procedures they may or may not have broken.
 
Like I tried to explain earlier, the head of the narcotics division stated in a local newspaper that I was arrested on an outstanding warrant and upon the execution of that warrant I was in possession of the narcotics. It sounds like bull@#$% because it is. Yes, that was all I was arrested for was the misd. and the possession of marijuana 1st degree, $5000 bond. I know that is hard to find a job with a f@#$ed-up record. That is exactly why I was out there in the 1st place. I would not have been doing it if it were not my only hope. I have two felonies as it is, and when I enter that information on job applications I am automaticly outkasted. What other hope is there? Foodstamps? Mcdonalds wont pay the bills I have and my restitution I have to pay. Until I hit the lottery, or money starts growing on trees, that may be my only job...Sad, I know.
 
Like I tried to explain earlier, the head of the narcotics division stated in a local newspaper that I was arrested on an outstanding warrant and upon the execution of that warrant I was in possession of the narcotics. It sounds like bull@#$% because it is. Yes, that was all I was arrested for was the misd. and the possession of marijuana 1st degree, $5000 bond. I know that is hard to find a job with a f@#$ed-up record. That is exactly why I was out there in the 1st place. I would not have been doing it if it were not my only hope. I have two felonies as it is, and when I enter that information on job applications I am automaticly outkasted. What other hope is there? Foodstamps? Mcdonalds wont pay the bills I have and my restitution I have to pay. Until I hit the lottery, or money starts growing on trees, that may be my only job...Sad, I know. After all, the reason most people hustle that S@#t is because they need an occupation and certain people who have the ability to help won't.
 
Ok, believe me I personally know more about what you are going through right now tha I want to admit. So, the other scenario is this: The cops were looking for you on a warrant and perhaps they've been busy visiting people you know and asking them if they knew where you were at so they could serve the warrant at they've been staking your daily habits. Someone told them they just saw you leave a location or these cops just knew who you were. Either way, they went to serve this arrest warrant and they found this other contraband. If all they are going to start the charge off with on you is possession, then you're in pretty good shape. By the way, how big were these 5 bags of green? This, too, is important. I was assuming they were five $40-$120 bags. Usually when you are arrested for anything, especially by narcotics, they will throw the hardest charge that they possibly can against you because they know that you're lawyer will plea bargain it down so that it will still be a felony. Was the weed charge you were arrested for a felony or misdemeanor?
 
Dude, I never saw an arrest warrant, and please keep in mind that I was at the pump for maybe 20-45 seconds. The newspaper stated that I was arrested while parked at a business on a warrant. I am the 1st to admit that this story sounds bogus and full of s@#t. And just for the record, each bag contained over 2 ozs. And the charge was a felony. I already had a misd. charge for marijuana in '96. The detectives told me personally that they had heard nothing from me in over a year, where as my name used to blow their telephones off the hook. I personally believe that the person I was to meet is the one who set me up. I have been told that he was arrested the night before on similar charges. If I had known that at the time I would not have went that direction. For the sake of arguement, let's say that I was set up by this dude. If they offered him a deal to snitch on another person for a lessor charge or to get off completely, isn't that bribary and somehow consiered elligal?
 
confusedsug said:
Dude, I never saw an arrest warrant, and please keep in mind that I was at the pump for maybe 20-45 seconds. The newspaper stated that I was arrested while parked at a business on a warrant. I am the 1st to admit that this story sounds bogus and full of s@#t. And just for the record, each bag contained over 2 ozs. And the charge was a felony. I already had a misd. charge for marijuana in '96. The detectives told me personally that they had heard nothing from me in over a year, where as my name used to blow their telephones off the hook. I personally believe that the person I was to meet is the one who set me up. I have been told that he was arrested the night before on similar charges. If I had known that at the time I would not have went that direction. For the sake of arguement, let's say that I was set up by this dude. If they offered him a deal to snitch on another person for a lessor charge or to get off completely, isn't that bribary and somehow consiered elligal?
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No, unfortunately this is how the "dope game" works. If you deal dope and you get caught, the cops will tell you that if you help them set someone up, then they'll advise the D.A. and the judge that you cooperated. However, most times the cops mislead the offenders because local cops can't guarantee anything to you no matter what they say. Only Feds can promise deals.

I would like to say that you keep saying that you never saw an arrest warrant. You need to understand that the cops don't need to show you this piece of paper to arrest you. The have access to this information in their units (cars).
 
Thank you a lot for your helpful input, but what about the last part of the statement I made? If they offer a deal like that isn't that considered bribary, and if so will it hold up in court if brought to the table as being so. From what I was understood, the cops cannot use illegal means to obtain any evidence, and if so that evidence should be dismissed or inadmissable in court.
 
confusedsug said:
Thank you a lot for your helpful input, but what about the last part of the statement I made? If they offer a deal like that isn't that considered bribary, and if so will it hold up in court if brought to the table as being so. From what I was understood, the cops cannot use illegal means to obtain any evidence, and if so that evidence should be dismissed or inadmissable in court.
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I already answered your last question regarding "bribery". This is an acceptable practice for the police. They do this all the time. This is how the dope game works. They catch someone like the person who set you up and then they turn the screws on them and intimidate them with alot of jail time and they tell the person that if they can set up someone else then they'll tell the D.A. and the prosecutor that they cooperated and the judge will be more lenient on the snitch. It's an acceptable practice. I'm surprised they didnn't come at you this offer yet. The good thing about weed, in most states is that they usually only charge you with possession when you have less than 10 pounds. I'd just hire a lawyer and let him try to plea bargain your case down to probation, community service, drug classes and a fine. How old are you and have you ever been in any trouble?
 
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