If they have probable cause, do they still have to ASK to search your vehicle?

[~Loveless~]

A blunt roach was clearly visable down in my console, when the cop shined his light in my window. How I could be so stupid, I dunno. Flame if you want.

But he seen it, and immediately told my friend to "GET OUT OF THE PASSENGER SEAT" because he was "GOING TO SEARCH THIS CAR". All the while, he pulled him out, somewhat aggressively and turned him around and began patting him down. My friend was still struggling to get his seatbelt off when the cop began man-handling him.

He found nothing on my friend, but took him back to the police car and made him sit in the back. Then he came and got me out of the car and kept gripping his rather large hands around my small arm, guiding me around to the back of the car. After drilling me about what kind of drugs were in the car, he TOLD me he was going to search my car and that I needed to stand in front of his with my back turned, and wait. The way he kept jerking my arm was almost violating, imo. I had on heels so I was stumbling a bit, and then he snarled at me "so you've been drinking huh" NOOOO fucker, I just lost my balance b/c you kept pushing me around!

anyway, after he TORE my car apart, bookbags, emptied my purse upside down, took everything out of the glove compartment and left it in the floor. dug around in my trunk for about 15 minutes. found nothing except for what he considered "enough residue" to charge me for misdemeanor possession.

I also got no proof of insurance and speeding (10 over).

However, I have a pretty good attorney that's helped me in the past (help me get 3 felonies dropped to misdemeanors, and then eventually had it thrown outta court all together) and i'd rather pay him a hefty fee than plead guilty to a weed charge. I'm a criminal justice major, and people talk around here in the south. I feel this will prevent me from getting employment around here, when I graduate.

So again my question, if they have probable cause to search, do they still have to ask?

on the ticket is a little red box that is titled "vehicle search"
some box with a.p.p ? a box with PC (probable cause) and a box that says consent.

he checked neither box.. left it blank.

can I beat this?

thanks

 

[Abraxus]

I don't think he needs consent since he clearly saw the roach, which is visual evidence of a crime. It's past probably cause at this point, because he saw something illegal. Still consult you lawyer though, they can work wonders at getting things thrown out and/or reduced.

 

[forgotten]

The search was incident to arrest (for the blunt roach).

Also, when a case is thrown out of court, that doesn't include expunction of the arrest record. Unless a judge orders the record seald or expunged, it will still show up on any pre-employment background check; It will just list that the charges were dropped.

Even if you have your records expunged, they will still come up in background checks for certain professions within the criminal justice field/military.

 

[~Loveless~]

thank you for the dreadful (lol) reply.

not what I was hoping to hear but I fucked up and now I gotta pay for it. But maybe I should clarify that I wasn't arrested ? dunno if that makes a difference or not. I just got a ticket.

and what about the little box that he didn't mark on my ticket? I've heard alot of (hearsay) that cases are thrown out because of a mistake on the report. Such as a name misspelled, location wrong, wrong info.. etc...

thanks again! sorry to be a bother

 

[Mariposa]

The blunt roach was visible. Probable cause if it ever existed. I know this isn't what you want to hear, but the search sounds legal. Of course you should be represented by an attorney and I'm glad to hear that you are.

What the hell are you thinking, driving around without insurance, though?

And I'm saying this in the most constructive sense - but you aren't setting the stage too well for yourself to be in the criminal justice field with 3 felony arrests. Yes, I realize they were thrown out, but it sounds to me that you were just lucky.

Get some insurance, don't smoke weed in your car, and don't speed if you do.

I have no clue what the little box means, but not checking a box is not enough to get something thrown out of court. Believe me, plenty have tried.

 

[pin]

Definitely legal search there. He seen what resembled drug paraphanellia, so he can presumably go from there. Thats the whole reason why cops tend to shine their flashlights thoroughly through the car sometimes.

 

[SilverFeniks]

Permission to search is only asked in the abscense of Probable Cause.

The plain sight doctrine is the easiest way to establish PC for an arrest, in any case [warrant search, traffic stop, etc].

You're a CJ major, you should have learned all this in 101

 

[RuTHlezz1]

Ouch loveless!

After the cop saw the roach you pretty much lost all prob cause and went right into committing a criminal act.

Just a roach is no biggie in our state and is only a little bitty misd. possession charge but that will be enough to disqualify you for some types of jobs. GL in court!

 

[~Loveless~]

blah...

I wasn't riding around without insurance. I was riding around without proof of insurance. and I can provide evidence that I was indeed insured, and hopefully have that thrown out.

ok I have a drug problem. that doesn't prevent me from obtaining a degree. I plan to be free of all drugs before I gain employment in that field.

 

[danstabbingworth]

ok I have a drug problem. that doesn't prevent me from obtaining a degree. I plan to be free of all drugs before I gain employment in that field.

Depends on what job you're going for. Anything government related like the CIA/FBI will require a polygraph, as will any police jobs. Just being clean isn't good enough. You have to be clean for years and years. The criminal record will not help either.

Now, if you want to be a lawyer, you're free and clear.

 

[Khadijah]

Drama brings drama.......learnin that yet?

The cop legally had all rights to search your car so even without the boxes checked i believe youll still catch a case. it would only be you attempting to make the circumstances of the search appear questionable if you brought up the check boxes on the ticket not bein checked...but maybe with a crazy good lawyer, who knows

 

[Smokey Tokey]

The search was incident to arrest (for the blunt roach).

It wouldnt have been a SIA if she was never arrested and also if it was SIA he cant search the trunk right? Only for PC, which he did have here.

 

[forgotten]

She was given a notice to appear in court, which means she was arrested, and released at the scene.

 

[~Loveless~]

ok... i showed up for court and it was cancelled for some judge's annual meeting. well goddamn! didn't they know a YEAR IN ADVANCE this was to take place... and NOT schedule people to appear in court that day?

well the judge didn't seem to care, and made sure I was aware that "it's not like we were on vacation or something"

she did NOT dismiss my case, nor did she give me a hearing date for a motion to dismiss... she just took my non-guilty plea and moved me aside.

grrrrrrrrrrrrrrrrrrrrrrrrrrrrr

this is NOT due process

 

[Khadijah]

Uh, in the other thread, you said the same thing (with quite a attitude i might add). and it was determined that NO, they cant throw your case out, and of COURSE they aint gonna throw out your case if its a criminal case, over somethin so stupid. If it was a speeding ticket, i doubt they even would, for a weed case they dont just throw it out yo. Anyways, that was your arguement last time but

Check it out:

Originally Posted by lacey k
What do you want them to do, call every single person who had court scheduled that day and let them know? its government. you aint gettin shit.

no, lacey, it's called due fucking process.

^^^

that's not really what due process means.

 

[forgotten]

this is NOT due process

YES it is. Do you expect every case to be disposed of in less than 30 days?

Also, I'm quite sure that when the police officer wrote the date on the ticket he wasn't aware of the conference.

Welcome to the world of criminal justice, where everything takes the maximum time allowed by law to resolve (unless you have a good lawyer).

 

[~Loveless~]

i gaurantee you I'll get it thrown out.

the sammmmmmmmmmmmmmmeeeeeeeee EXACT situation happened, with my SAME attorney, when i was 18 facing three felonies.

the arresting officer filed for a rescheduled date, because it happened to be "his day off". well guess what? we WEREN'T NOTIFIED.

know what happened? my BLACK attorney, cuss the WHITE prosecuting attorney OUT, and told her he didnt' give a fuck about the day off, or whatever matter he had going on that day. bottom line is - we WEREN'T NOTIFIED.

how do you turn away at least 200 people who took off work, drove out of town with gas prices the way they are, missed work functions and the such, and expect each and every one of them to just call a non-working number
and find out the next time they're supposed to be in court?

YOU DON'T. It didn't fly last time, and it wont fly this time. I just gotta come up with a grand to pay my attorney

I'd rather pay him, than Jefferson County, BUM-FUCKED Arkansas.

 

[~Loveless~]

Also, I'm quite sure that when the police officer wrote the date on the ticket he wasn't aware of the conference.

ignorance is not an excuse for not obiding by the law.

 

[Banquo]

Personal fouls on all of you.

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