Alcohol & Drugs: MIP, MIC, Intoxication Possession of marijuana

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jordy

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My friend bob was riding his bicycle down the road in hillsboro, oregon not even a block down the road a cop stops him for riding without a light on his bike, (my friend does not know for how long the cop has seen him riding, most likely while he was still on the road) As my friend dismounted from his bicycle the cop turned on her lights and continued to ask him "Where are you headed?" and he replied, "Right here to my friends house" she replied, "So this is your house?" after my friend had already told her it was his friends house. He replied "No this is my friends house" she continued to ask him where he lived, he replied and told her, then her had put his hands in his pocket due to the cold weather, she informed his to take his hands out of his pocket, he then took his hands out his pocket, he then was asked if he had any weapons or drugs and said "No I have no drugs." The female police officer continued to ask him if she could search him he asked why and she said to confirm no drugs or weapons were on him, he then replied to the police officer "No I do not have any drugs or weapons." she then ask him to turn around and put his hands behind his back and continued searching him by patting him down, she then felt a pipe that was in his pocket and asked "why are you lying to me?" and then proceeded to reach in his pocket and remove the pipe and a gram of marijuana...

Off the subject of what happened my friend was not doing any wrong or selling any sort of drug, he was minding his own business and any advice to either make this ticket go away or lower the ticket would be greatfully appreciated, thank you, Jordy.
 
I'm no lawyer, but if your friend indeed, did not give the officer consent to search his person, and gave no hint of actually having drugs, wouldn't this be improper search procedure??

I don't know a lot about these things, I do know that with reasonable suspicion, the officer could search regardless.... So how does one prove they weren't acting suspicious... ?? hehe
 
Originally posted by jordy:
My friend bob was riding his bicycle down the road in hillsboro, oregon not even a block down the road a cop stops him for riding without a light on his bike, (my friend does not know for how long the cop has seen him riding, most likely while he was still on the road) As my friend dismounted from his bicycle the cop turned on her lights and continued to ask him "Where are you headed?" and he replied, "Right here to my friends house" she replied, "So this is your house?" after my friend had already told her it was his friends house. He replied "No this is my friends house" she continued to ask him where he lived, he replied and told her, then her had put his hands in his pocket due to the cold weather, she informed his to take his hands out of his pocket, he then took his hands out his pocket, he then was asked if he had any weapons or drugs and said "No I have no drugs." The female police officer continued to ask him if she could search him he asked why and she said to confirm no drugs or weapons were on him, he then replied to the police officer "No I do not have any drugs or weapons." she then ask him to turn around and put his hands behind his back and continued searching him by patting him down, she then felt a pipe that was in his pocket and asked "why are you lying to me?" and then proceeded to reach in his pocket and remove the pipe and a gram of marijuana...

Off the subject of what happened my friend was not doing any wrong or selling any sort of drug, he was minding his own business and any advice to either make this ticket go away or lower the ticket would be greatfully appreciated, thank you, Jordy.
As was suggested, you could make a claim of no probably cause and it might work. Since there was a pipe in his pocket and he had his hands there and then slowly pulled them out, it might very well be considered probably cause for a pat down search to determine what the object was in his pocket and ensure it wasn't a weapon.
 
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