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Is this a legal traffic stop??

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Keagan Yocum, Aug 28, 2020.

  1. Keagan Yocum

    Keagan Yocum Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    I was parked under a bridge along a road by a creek where people often park to fish. I was fixing my glove compartment that was just hanging down from me replacing my cabin air filter. From the time i parked to fix my glove compartment in less than 5 min the state cops were passing and just stopped and pulled in behind me with his lights on. He then said my car smelled like weed and searched my car and found a quarter ounce of it and 1 cheap piece of paraphernalia. He then arrested me rather than fining me (which i heard is an option). Should i plea guilty and take the fines or is there a way to fight it. I am a 19 yo eagle scout with a very clean record this was my first run in with the police ever. (I was parked under the bridge and they came from over the hill and yes i was read my rights before i was questioned)
     

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  2. Zigner

    Zigner Well-Known Member

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    If you were charged with a crime, then you should speak to an attorney.
     
  3. zddoodah

    zddoodah Well-Known Member

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    It wasn't a traffic stop at all. You stopped all on your own and the cop pulled in behind you. That the cop had his lights on doesn't make a hoot of difference.

    Since you haven't identified the specific crime(s) with which you were charged, it isn't possible even to start a discussion about this.

    Certain drug offenses can have very long-lasting consequences, so at least consulting with an attorney would probably be a very good idea.

    P.S. If your screen name is your real name, you should consider changing it. I've done you the favor of changing the quote boxes.
     
  4. army judge

    army judge Super Moderator

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    Nothing illegal about a trained law enforcement officer identifying the ODOR, not the mere smell of an unlawful substance, marijuana.

    You're right, he had three option to exercise, using officer discretion.

    1 = He could have given you a verbal warning.

    2 = He could have issued you a citation.

    3 = He chose to physically arrest you.

    All of the three above OPTIONS are legal.

    The choice you exercise is entirely up to you.

    Whatever you were or did prior to this arrest MIGHT mean something to the judge.
    You now stand accused of some minor charges that you should take seriously.
    I suggest you discuss your options with people you KNOW and TRUST.

    Okay, if you say so, mate.
     
  5. mightymoose

    mightymoose Moderator

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    Nothing you describe sounds unlawful or unreasonable on the part of the officer.
    You do not want to plead guilty.
    Speak with an attorney and see what you can do to keep this first time petty offense off your record.
     

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