Arrest, Search, Seizure, Warrant Searched

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Earl_Williams

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On Aug.18,2004 at 10:00pm I was driving to the hospital to see my baby girl born.
On the way I stopped at a friends house to drop a software cd off to him and was in the house about 10 minutes.

I continued to the hospital and 2 blks away was pulled over,mind you I was doing the speed limit and all my papers were in order.
A female officer approached my truck and said I was being stopped for a crack in my windshield,she then took my lic. & registration along with my insurance and returned to her car.

A few moments later she returned and asked me to step out of my truck I then asked if I was being arrested and she said no that she just wanted to get some more info.
I got out and went to back of truck where there was a male officer and she asked me if she could frisk me I said whats going on here she replied that where I was coming from(Orchard mesa) was full of drugs,I said the whole town was full of drugs but said what the heck go ahead and pat me down.

She did found nothing and continued to fill out a info card.
A few mins later she asked if she could pat me down again thats when I started to get a bit nervous continuing to state my baby was being born and I was going to miss it so I said go ahead thinking this might expidite the situation.
Again not finding anything I noticed the male officer rifling through my truck and upon coming up said I was under arrest I asked for what he said posession of narcotics I started asking what drugs your crazy I have to get to the hospital my babys being born.
Well next thing I know im at the police station where two local drug task force officers start interogating me about the source of the stuff they found which the ammount was minute if any in a little baggy in a pack of smokes in the visor.
I told them I had 3 cars and over the past month or so I had lent my truck out for some friends to move.
After telling them they wernt my brand they continued to ask where it came from.
They asked me if it would surprise me to know that they were watching my friends house and followed me from there,I said from the way the cops were acting at the stop it made sense now,I told them why I stopped and me and my friends relationship was all about him doing carpentry work for me and I did computer work for him,they replied they found that hard to believe and that I should tell them what they wanted to know.

I told them they were diggin in the wrong place and asked if they know everything about thier friends I said I didnt know anything and needed to get to the hospital.
Well needless to say I spent my babys birth in the drunk tank and wasnt even allowed to call the hospital to tell my girlfriend why I wasnt there which as you can imagine didnt fair well with her.
Iam now facing a charge of possesion a felony and could use some suggestions I also want to say ive never been busted for drugs and just walked in to this mess unknowingly.

Did these officers violate my rights and do I stand a chance in hell of getting out of this?
I also want to say I never got a ticket for the windshield.:confused:
 
hm, first of all: congratulations to the birth of your child.

Second: This is a serious charge. You should get a lawyer.

There may be some issues worth checking, it depends on all the details of your story, on exactly what was said by who when and what was recorded or can otherwise be proven.

The way you describe it now it is at least questionable if the search was legal, but there must be more details to the story. It hinges very much on the issue of probable cause, and therefore on the details about your "visit" at the place they observed.

This is for your attorney to handle.

More here: http://dui.findlaw.com/articles/1493(2).html
 
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