Arrest, Search, Seizure, Warrant Wife's Van Searched After She Scores 0.0 on Breathalyzer

[jkc313]

My wife was pulled over for erratic driving and speeding. She got out of her van and was asked to take a breathalyzer which she did and blew 0.0. The police were convinced she was messed up on something. She passed the first field sobriety test the hand to nose. Then she attempted the one leg stand and she was in heels. Couldn't do it even after taking her shoes off. She has dissociative Identity Disorder symptoms mimic drunkenness. After trying to perform the one leg stand, the arresting officer without asking, started to search her van, He pulled her purse out of her van, opened it and magically pulled out a portion of a meth pipe. This surely cannot hold up? What could possibly be probable cause?

 

[army judge]

My wife was pulled over for erratic driving and speeding. She got out of her van and was asked to take a breathalyzer which she did and blew 0.0. The police were convinced she was messed up on something. She passed the first field sobriety test the hand to nose. Then she attempted the one leg stand and she was in heels. Couldn't do it even after taking her shoes off. She has dissociative Identity Disorder symptoms mimic drunkenness. After trying to perform the one leg stand, the arresting officer without asking, started to search her van, He pulled her purse out of her van, opened it and magically pulled out a portion of a meth pipe. This surely cannot hold up? What could possibly be probable cause?

Oh, it'll stand, quite well.
The officer will say that upon observation her pupils were dilated, her gait unsteady, her limbs were twitching, she spoke excitedly, and appeared agitated.
Then he might say that "meth" addicts can become agitated and combative.
Therefore, he secured her purse in order to make sure she couldn't grab any weapons.
He could have seen the "meth" pipe protruding from her purse.

In fact, none of this could have transpired that way.
If your wife was wound up on "meth", she might not accurately recall what happened.
Who knows?
It'll all come out at trial.

So, here's what she should have done (and should now do).
First of all, if she's using that "crap", get help (or you should help her get help).
Give no statement, admission, or account of this incident.
She has the right to remain silent, and would be wise to use it.
When the time comes, plead not guilty.
And, ask for the court to appoint a lawyer to represent her, unless you're going to hire one for her.

I see where you're headed, and you'll never get there.
When the officer testifies, his version of these events will be different.
But, even with yours, I see no violation of her fourth amendment rights.
Were you with her at the time of her arrest?
If so, she'll surely need your supportive testimony at trial and all throughout this ordeal.

Dude, get her help.
She needs it.
"Meth" destroys lives.
However, if her blood work comes back clean, things look a lot brighter for her.
So, what do you think, will it be clean?

Dude, that's a test.
Don't answer that question.
That's how prosecutors and cops trick people into saying the wrong thing.
That's the fifth amendment protection we all have, the right to remain silent.



This website explains how law enforcement officers identify "meth" addicts.
http://www.menstuff.org/issues/byissue/meth.html

 

[mightymoose]

Yep... it is good.
Just because there was no alcohol registered on the breathalyzer doesn't mean she wasn't under the influence of something else.
Based on the officer's observations he likely believed she was under the influence of a controlled substance, which may not have been true due to her condition and possible other medications, but the officer goes by what he knows at the time.
If she was arrested for being under the influence then the officer was able to enter the vehicle to inventory it prior to towing it. The inventory is essentially a search.

Was she in fact arrested, and was the vehicle towed?

 

[jkc313]

she was arrested. car towed. at jail nothing mentioned of any search or what was found. it's all on tape. car was not searched or if it was, nothing found. she was put in medical watch. released to me at hospital. drug test done day later clean,.was never asked to take an additional urine or blood test. was not on any drugs at all. the evidence has not been brought to light. i'm ot even sure it was hers. for all i know he palmed it.
nothing on citation about breathalyzer or being offered any test or refusing. have attorney who will subpeona tapes and other officer if this goes anywhere.
i still see no probable cause and neither does attorney

 

[tpajet]

I'm not sure the bearing of what I'm about to say on your case, but keep in mind that you can be arrested for DUI even if you blow a 0.0 If you are not able to do the field sobriety tests that is still grounds for arrest. And add to that the fact that she was driving erratically. Keep in mind to that DUI only stands for Driving Under the Influence. It doesn't say influence of what. Normally it's booze, but it also includes drugs.

If she has the condition that you state, then she should have a letter form her doctor to carry with her to show an officer. So without such a letter or anything else to show the officer he would have been well within his rights to arrest her. After that he can inventory the vehicle to have it towed and in the process if he finds something like a pipe, then it will stick.

So the $1 million question really is did the officer find the pipe before or after the arrest? And keep in mind that it still may not even hinge on all of that.

 

[mightymoose]

I see probable cause for the stop, the arrest, and the search.
What was she booked for when arrested?

As for the search, don't think of it as a search. Since she was arrested, the officer was able to tow the vehicle, and the officer must "inventory" the property in the vehicle when having it towed. Also, if the pipe was found in her purse, it is reasonable that the purse was brought with her to the jail and subsequently inventoried upon booking. There are legitimate ways that the officer got into the vehicle and the purse. It is quite common.

 

[tpajet]

Here's the other part of this that needs to be asked - why would the officer plant this on her in the first place? I know there are dirty cops out there, but what would be the real motivation for him to do so?

I hate to say this, but you need to consider the possibility that your wife is into meth. What you are saying doesn't make much sense. She has this medical condition that makes it look like she is a DUI, but doesn't carry anything to document this. I would say you need to open your mind for one moment, and do a google search on symptoms of meth use. Then see if this at all fits your wife. It's good that you trust her, but this is one time to maybe question that for a second.

 

[Darsha05]

Pulled over for "speeding" succumbed to eventual blood tests

oops...sorry meant to start my own thread...

 

[shoptography]

Here's the other part of this that needs to be asked - why would the officer plant this on her in the first place? I know there are dirty cops out there, but what would be the real motivation for him to do so?

I hate to say this, but you need to consider the possibility that your wife is into meth. What you are saying doesn't make much sense. She has this medical condition that makes it look like she is a DUI, but doesn't carry anything to document this. I would say you need to open your mind for one moment, and do a google search on symptoms of meth use. Then see if this at all fits your wife. It's good that you trust her, but this is one time to maybe question that for a second.

Well, a reason a cop could plant something, is maybe he wanted to make an arrest, maybe he needs a certain ammount to get a raise. After my experice with two, I think some cops are just criminals with power, I'm sorry to say.