Below I will explain what in exact honesty of what happened in my case:
I was driving my car. My friend was in the passanger seat and we were dropping off his girlfriend in small town in Texas. After we dropped her off, we proceeded to drive back to Dallas. On our way back, we both had to urniate. I drove along a small stretch of highway and could find no open establishment to use there facilities. We then stopped behind a building on a small street by the highway and urnitated behind a tree and bushes. We got back in the car and drove off.
Before we got back on the highway, a police officer pulled us over not far from where we we had stopped (about a mile). He asked to see my licenense and registration, went to the his patrol car and came back. He asked my friend and I where we were from. I answered Dallas (about 20 miles away) and my friend answered Rowlett (around 15 miles) away. He asked what we were doing in Wiely. I explained that we were dropping off his girlfriend, and named the street she lived on. Soon another patrol car came behind him, making it a total of 3 officers standing outside.
Then, he asked me to step outside of the vechicle and place my hands on my trunk. He searched me, finding nothing illegal. He again asked what I was doing in Wiely. Before I finished stating what I previously told him, he accused me of lying. He then quickly asked if I was carying any guns, knives, bombs, or narcotics. I answered no to all of his questions.
I then finally asked him why he pulled me over, which he responded 'suspicious behavior'. I suppose he saw us getting out of the car earlier. He then asked if I would mind if he searched my car. At that point I refused and stated I would like to exercise my right to remain silent and speak with an attorney. He then continued to ask me questions, in a very harrassing way refusing to accept that I would not answer. I remained silent. He eventually asked "Your not going to talk to me?!" then directed me to stand by one of the other officers.
At that point he began to question my friend. My friend spoke to him awhile and then they pulled out what appeared to be a pipe in my car. One officer then pulled him away for further questioning and they two officers began thoroughly searching my car. We were both arrested and taken to jail. The officer never read me my rights or stated what I was being charged for, only simply handcuffed me and took me to jail. Later while being processed in jail, I asked what I was charged with and learned I was charged with possesion of marijuana. My friend was charged with possession of marijuana and issued a citation for the pipe. I answered no questions by police from the time I stated I would like to exercise my right to remain silent.
The next day, after we were released on bond, I spoke to my friend (which I will call 'T') to determine what happened during his questioning. He said they found a pipe in plain view near the passanger seat when they flashed a light into the car. He also stated they searched the car and found a small medical canister with a very small ammount of marijuana. The officer asked 'T' if 'he guessed the marijuana was mine' (refering to me the author). 'T' stated something like 'No, I guess it would be mine.' He also stated he was given his Miranda rights only after he spoke with the police.
I have no criminal record of anything...except for one minor speeding ticket (+10 - 20 over). I had no knowledge that the marijuana was in my car nor would I have been willing to drive my car if it was. Please suggest any and all possible defences. I plan on getting an attorney, but I would like to know as much information as I can.
PS: I did am not spell checking this so I applogize in advance for any mispellings.
Any help would be appreciated:
Matt
I was driving my car. My friend was in the passanger seat and we were dropping off his girlfriend in small town in Texas. After we dropped her off, we proceeded to drive back to Dallas. On our way back, we both had to urniate. I drove along a small stretch of highway and could find no open establishment to use there facilities. We then stopped behind a building on a small street by the highway and urnitated behind a tree and bushes. We got back in the car and drove off.
Before we got back on the highway, a police officer pulled us over not far from where we we had stopped (about a mile). He asked to see my licenense and registration, went to the his patrol car and came back. He asked my friend and I where we were from. I answered Dallas (about 20 miles away) and my friend answered Rowlett (around 15 miles) away. He asked what we were doing in Wiely. I explained that we were dropping off his girlfriend, and named the street she lived on. Soon another patrol car came behind him, making it a total of 3 officers standing outside.
Then, he asked me to step outside of the vechicle and place my hands on my trunk. He searched me, finding nothing illegal. He again asked what I was doing in Wiely. Before I finished stating what I previously told him, he accused me of lying. He then quickly asked if I was carying any guns, knives, bombs, or narcotics. I answered no to all of his questions.
I then finally asked him why he pulled me over, which he responded 'suspicious behavior'. I suppose he saw us getting out of the car earlier. He then asked if I would mind if he searched my car. At that point I refused and stated I would like to exercise my right to remain silent and speak with an attorney. He then continued to ask me questions, in a very harrassing way refusing to accept that I would not answer. I remained silent. He eventually asked "Your not going to talk to me?!" then directed me to stand by one of the other officers.
At that point he began to question my friend. My friend spoke to him awhile and then they pulled out what appeared to be a pipe in my car. One officer then pulled him away for further questioning and they two officers began thoroughly searching my car. We were both arrested and taken to jail. The officer never read me my rights or stated what I was being charged for, only simply handcuffed me and took me to jail. Later while being processed in jail, I asked what I was charged with and learned I was charged with possesion of marijuana. My friend was charged with possession of marijuana and issued a citation for the pipe. I answered no questions by police from the time I stated I would like to exercise my right to remain silent.
The next day, after we were released on bond, I spoke to my friend (which I will call 'T') to determine what happened during his questioning. He said they found a pipe in plain view near the passanger seat when they flashed a light into the car. He also stated they searched the car and found a small medical canister with a very small ammount of marijuana. The officer asked 'T' if 'he guessed the marijuana was mine' (refering to me the author). 'T' stated something like 'No, I guess it would be mine.' He also stated he was given his Miranda rights only after he spoke with the police.
I have no criminal record of anything...except for one minor speeding ticket (+10 - 20 over). I had no knowledge that the marijuana was in my car nor would I have been willing to drive my car if it was. Please suggest any and all possible defences. I plan on getting an attorney, but I would like to know as much information as I can.
PS: I did am not spell checking this so I applogize in advance for any mispellings.
Any help would be appreciated:
Matt
