Arrest, Search, Seizure, Warrant Illegal search of person?

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Gratch

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Okay this is a strange problem for me to describe...

I pulled up to a gas station, planning to buy a six pack of beer and 'help' a friend out, there is a SUV with a few highschool(maybe) girls parked there. I get out go inside the station and look at the price of a six pack of budwieser. Go back out to the car and wait for a friend and I to make an 'exchange'(ie: i got money from him). Exchange is now done and I go back into the station and buy my six pack of beer. Come back out to my car, and now the SUV of girls is gone and a car is parked behind mine(??) now i open my door and put beer up top. Now four non-uniformed(undercover?) officers come up to me flash badges and demand to search car, my door is open and doors are now unlocked, as they conveniently waited for me to do this. they told me that someone "saw weed inside of my car" and they are going to search it, they then ASK for my consent, to which I clearly decline, and try to shut my door... oh to late his arm is in there.... So then I back up knowing you don't use physical force with an officer, still declaring that I believe that searching the car is against my rights. Now I have a sandwich bag slight poking out of my coat pocket...(stupid right??? OH.MY...GOD... I.....know...) they notice this and so I put a few dollars change from the beer into the pocket and close it with the button, telling them it was a fourth of a turkey sandwhich. They continue to search the car, call for back-up(two real police car and police van show up, by real I mean with lights) for flashlights the whole 9 yards meanwhile I'm outside in sleeting drizzle and cold... Yeah nothing in my car, but we knew that all along didn't we? At this time they now say they're going to pat me down, I state there is no reason for this, really I've already been no threat to them it's time to let me go. Nope even though I proudly declare there is no reason for them to search my front coat pocket(the area they were already focused on) they do anyways, find my marijuana and only an 1/8th of an ounce at that, continue to search my entire person, nothing else on me, now I am arrested, and handcuffed then put into the officer's car that had not really been at the scene of the "crime" only showed up as back-up and stood near me during search.


Now that is the story as straight as I can tell it, human nature(A LOT of stuff was going on, am I right?)involved. but now I would like to put my "view" on it..

The officer that first came up to me was very condescending to me, and made statements that I can only relate to him feeling high and mighty and me feeling small (at the time).
They are as follows;

[While Searching my car]
Me "So, how can I be sure that you telling me that you have the right to search my car really means that is what is legal"
Him "Do you really think I would risk my job, and lively hood on a punk like you, and what little weed you might have?"

[While I'm in the back of the other officer's car]
The window is slightly cracked and I hear this same guy for lack of a better word "talking smack" about how he "yanked my arm back while I declared there was no reason for him to search my person"

[Again While I'm in the back of the other officer's car]
Him "You make sure you have a fantastic night" HEAVY SARCASM
Me "OH, OH YEA.. DEFINATLY. YOU TOO!" HEAVY SARCASM

Also, from their point of view, one of the non-uniformed officers said he saw me "pull a bag of weed out of my pocket and put it back in" while I was in my friends car.


I believe, that even if the SUV of ppl saw me make a deal with a friend that those cops could not have been there as fast as me going in and out with a sixpack, only person in store. this leads me to believe they were already there so my question is that if they saw me go into the store then into my friends car and then in the store and now my car does this suspicious("") activity really constitute probable cause to search not only my car where "someone saw weed" and they found nothing, but also my person? And can they really just sit around at a gas station in unmarked cars with non-uniformed officers and wait for you to come along? What can I do here?
 
I believe, that even if the SUV of ppl saw me make a deal with a friend that those cops could not have been there as fast as me going in and out with a sixpack, only person in store. this leads me to believe they were already there so my question is that if they saw me go into the store then into my friends car and then in the store and now my car does this suspicious("") activity really constitute probable cause to search not only my car where "someone saw weed" and they found nothing, but also my person?
Your 'friend' might have set you up for this fall.
Your 'friend' might be a 'snitch'.
This would not be the first time I've seen what you describe.
Yes, it was their PC.
Will it stand up in court?
With a good lawyer, and the facts being as you relate, PROBABLY NOT!
But, you do reside in Nebraska.

Can they really just sit around at a gas station in unmarked cars with non-uniformed officers and wait for you to come along?
Yes, that is what they do. Next time, do NOT carry or possess contraband.
You would have WALKED, had you NOT been 'holding'.

What can I do here?
Get a good lawyer, ASAP.
You have a 60-40 shot of getting the search kicked, and a 55-45 chance of beating it at trial.
 
If my friend is not a snitch are my chances just as likely?

Honestly I beileve if he snitched on me they wouldn't have blown it for an 8th but rather got a search warent for my home?

And if my friend is, obviously they know. 100%-0.
 
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If my friend is not a snitch are my chances just as likely?

Honestly I beileve if he snitched on me they wouldn't have blown it for an 8th but rather got a search warent for my home?

And if my friend is, obviously they know. 100%-0.


If your friend is a snitch, things are more troublesome for you. :dunno:
But, that doesn't mean all is lost.
They still must prove their case.

Maybe, someone else is a snitch or an undercover narc? :confused:
They still might pay a visit to your home. :eek:


Get yourself a lawyer, ASAP.
Don't trust anyone, except your mother!
Some of these guys are very good at what they do.
You shouldn't help them screw you!
 
A visit to my home, this is very scary. Is there a "cool-down" time on this or do I just need to be worried here on out?
 
A visit to my home, this is very scary. Is there a "cool-down" time on this or do I just need to be worried here on out?

I'm sure there is NOTHING in your home.
I mean, even if there were, you'd have gotten RID of it by now, right?
You were unfortunately involved with some drug task force members or undercover narcs.
They love to make LOTS of cases and gets LOTS of good stats and arrests.
Make sure your home is thoroughly cleaned.
You must always be prepared for uninvited VISITORS.
But, there is NOTHING in your home, but furniture, clothes, and books.
No need to worry, just do what Boy Scouts do, "Be Prepared".
 
And if my friend agrees to subpeon to court stating he was paying me back money I lent he from last paycheck, we work at the same place.

What would this do for my chance?
 
And if my friend agrees to subpeon to court stating he was paying me back money I lent he from last paycheck, we work at the same place.

What would this do for my chance?

If your friend is a snitch, you could be set up for a perjury or conspiracy charge.
Someone had to tell those cops what was going down and who was involved.
You can rule yourself out, but you should rule everyone else in, because you just don't know.
Remember, you don't have to defend anything.
The state must prove everything they allege you did.
You should speak to no one but your attorney about this, no one!
Don't help them convict you.
 
Okay, again thanks for this advice.

And for the record I was only cited for 'Possession of Marijuana under 1 oz' and nothing else. I would just plead but I have 2 (maybe 3) priors for the same count and Nebraska just recently decided to ...MAJORLY... frown upon that. I'm going to fight this no matter how much a lawyer can possibly cost more, its beyond "cost" and "money" at this point. Anyways, to continue posting more would be in disregard to your advice, less you want to be my lawyer.
 
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Agree on his points:

Your 'friend' might have set you up for this fall.
Your 'friend' might be a 'snitch'.
This would not be the first time I've seen what you describe.
Yes, it was their PC.
Will it stand up in court?
With a good lawyer, and the facts being as you relate, PROBABLY NOT!
But, you do reside in Nebraska.


Yes, that is what they do. Next time, do NOT carry or possess contraband.
You would have WALKED, had you NOT been 'holding'.


Get a good lawyer, ASAP.
You have a 60-40 shot of getting the search kicked, and a 55-45 chance of beating it at trial.

Hi,

Take a suggestion of good lawyer.

He will suggest you the right thing.

Thanks
 
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