Give 3 Go Free

[Doobis]

I am an ex-con with a history of drug use. While on probation for under the influence I was spotted by a police officer at a gas station sitting passenger in a vehicle parked at a pump. The officer recognized me and approached the vehicle, opened the door and pulled me out. He searched my person and found nothing. He then got permission to search the vehicle from the owner and found a small quantity of methamphetimines in between the front seats. Of the two of us I was detained for the bag but never taken to jail to be booked nor did I sign anything at all documenting the situation whatsoever. Instead right there at the gas station the officer who recognized me and had me in cuffs pulled me away from the other officer present and the vehicles owner. He then said to me "you know what you have to do now" and he proceeded to let me know that I had a week to give him 3 names and this would go away as he slipped his number in my pocket. After doing this he told me when we got back to the other officer he would ask me what my medical issues were and I was to tell him I had seizures. So I did this and he said well we can't deal with that and he uncuffed me and let us both go. 45 days later I got a letter in the mail from the DA's office stating that there was a complaint filed against me for possession of a controlled substance, obviously filed due to my disregard of the officers offer. It said I was to show up to court for arraignment on June 26. Failure to appear in court would result in a warrant issued for my arrest. The complaint was filed April 30th. On June 8th I was arrested for having a warrant for possession on this case. I bailed out and was given a new court date of July 26th of which I appeared. I was then given a date of July 31st for pre-prelim and ordered to schedule an appointment for July 30th to meet with a public defender. The defender acted as if all of this was normal procedure and never showed concern about any procedural rights that have clearly been denied me. Is it just me or is there a clear violation of Due Process of The Law that exists here which therefore should result in a dismissal of this case?

 

[army judge]

You were on probation. You were subject to search at any time. Forget that, who will a jury believe, if you're allowed to tell that story? You can't just yell, foul, you have to prove it. In this case, I'll bet you can't.


Sent from my iPad3 using Tapatalk HD

 

[mightymoose]

Where exactly do you believe procedure went wrong?
Nothing you say here sounds like a good argument for dismissal. Your best chance for this to all go away passed when you rejected the officer's offer.

 

[disagreeable]

Imagine a criminal upset because he is being prosecuted for knowingly breaking the law. Go figure.