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sticky_bud

I think the cops were wrong this time...
Last night my brother and I were driving to the mall when and a cop pulls in front of us and we follow him for a while, when we come up to this stop light.The roads around there are two lane each way...Anywho the cop is turning left and so are we, the light turns green and the cop turns the corner and we follow him, we both turned into the outside lane(hey the cop did it so if he can..)
Right as I get out of the turn the cop flashes his lights and signals for me to pull over,so I pull over and get my license and registration for him and my bro get his ID. He looks at our stuff and gave it back, then he asks why I illegally turned into the outside lane,
and I tell him That I was goin to make the first right turn and wouldn't be able to get over in time(plus he did it!! but i didnt wanna sound like a smart ass)
He says that I should have turned into the inside lane and signaled over. But that makes me kinda mad so I ask him Why its not illegal for him to pull into the far lane, and he just lookes at me and says sir do you have any Drugs or firearms in the vehicle? And I tell him no...
After I told him no he started shining his flashlight in the inside of my car and then asks me if he could search the car!! I tell him That I think that would be unnessesary and asked him why...He then shines the flashlight in my brothers and my eyes and around the car some more! and says to step out of the car. My brother then asks if we were being arested and the cop said no, just get out of the car please. We both get out of the car and go wait by his car , it couldnt have been a few seconds later another cop cars pulls up and the occifer(hehe) gets out of the car and tells us we are under arrest!
His partner comes over to us and puts hand cuffs on us and they put us in the back of their car. We can see the cops searching the whole car and when they looked in the glove box they found my glass bong and glass sherlock. After they found those, the second set of cops(the ones that arrested us)got in the car and drove us to the station. We stayed there for the night and they let us go about an hour ago. They told us we've been charged with possesion of drug paraphenilia(sp?) and they'd set a court date! When we got home our parents were at work but they were notified last night. My mom has come over for a couple of hours so we could talk about it and we told her everything. She said she wants to sue the police and shes gonna talk to her lawer tommorow. I think they were unjust and completly WRONG! Thank you for your help

 

Randøm_

Our local LEOs can field this far better than I, but I just crave to get my 2 cents in on this. Were they wrong ... of course ... logically, anyway. Will the cop get a ticket for a minor traffic violation ... no. Can a lawyer get this thrown out ... maybe. Can you sue the dept. over this and win ... not likely.

This sounds like a syndrome of cop-ego ... do as I say, not as I do. (Not all LEOs have this disorder ... but many do.) A comparable situation is drugs. If you have drugs on you then you are guilty of criminal possession, but they have some stipulation that allows them to handle it. (The city council..I think ... in Oakland, in order to stop the arrests of medical MJ distributors, decided to hand it out themselves ... for they, too, were exempt by this law).

It's never a good idea to act in a manner that can be considered by LEOs as facetious. Some will flat out lie, others can arrest ya and, even if it gets thrown out, you still had your night ruined. Now, you had a bong in te car!?!?! Ummm, not a good idea to mock the cop when you have something to hide.

Suggestion: ask an attorney to find out what the 'probable cause' was that allowed the vehicle to be searched. From what you say, I can't see any for a minor traffic violation. However, the cop may say that "the subjects smelled of, or looked as if, under the influence of narcotics". Anything more in depth would be best fielded by Niteshift, Slate, or an attorney familiar with local laws. After all, you didn't ask me, but I just had to express my feel for your situation.

Suabakey

...that's pretty harsh. You shouldn't take it sitting down though, fight back. What they did is obviously wrong to anyone who here's the story.

Good luck, I hope you show 'em cops good.

__________________
~ Suabakey

sticky_bud

I was not high at all we were going to pick up some chron later. The car has its new car smell in it(gotta love them air fresheners). Its not like it a huge jerome or somtin its a 8in bubler. Plus I never did mock him... ...Could you point me in the direction of where you thought i was mocking him.......thanks for the kind word tho

Randøm_

Ahhh, it's not that I thought you were mocking him, but what the cop may have thought. They often follow people and may have thought you were doing it(following him) as a mockery ... especially since there was a questionable traffic maneuver.

Hmm, no smell, new car, not high ... will the cop agree that this is the case? I believe you are telling the truth, but from my experiences the "good guys" sometimes have a horrible recall (a nice way of saying some flat out lie!).
Let's see, here's an idea, but I don't know how plausible it is ... see if you can have an attorney subpoena your mug shots. If you were not under the appearance to be under the influence, that ought to shed some light on the truth.

You're welcome for the words ... but you got my objective response ... if responding with my passion they'd have been far more kinder .

Also, a side-note, consider reporting this to their Internal Affairs division. They may or may not be interested, but make as much fuss about this as possible. I sincerely wish you the best of luck!

 

sticky_bud

My is car smell-free of weed so it couldn't have been that...When I talked to him I didn't have a fecisious(sp?) manner, my granpa was a cop and he taught me to never mock or raise my voice to a LEO becuase they're just gonna be stiffer on more harsh on me. And the last thing I want to do was get my self arrested for being a smart ass...Thats a good idea about the mugshot thing, my lawer is a good friend of my mother and I think he'll find something for us.....thanks again!

Slate

sticky_bud,
First thing, the disclaimer. Without actually being there it is hard (almost impossible) to say what was done correctly or not. Based on the circumstances you have provided it sounds like a legal stop/detention and arrest to me. I would also like to remind you about the curent case law presiding over vehicles and searches thereof. Carroll v US, states that a persons expectation of privacy is greatly diminished while in a vehicle.

The illegal turn that you conducted can be used as the initial PC to stop (I know it's a violation here in CA). As for the LEO conducting the same turn, well LEO's have numerous exemptions regarding the "rules of the road."

The actual contact at your vehicle. The officer was totally within the scope of his duties when he conducted the "plain view" search of your vehicle. Upon talking to you and your brother, the officer had to atleast form what is known as, reasonable suspicion. RS are certain facts present at the time of the stop. As for ordering you out of the car, that was decided in 1997/8 (can't recall the US Sp CT case law), but it gives LEO's the authority to order everyone in the car, out of the car. Again it's hard to say exactly what RS or PC existed (if any).

Once you were ordered out of the vehicle the subsequent search of your veh could fall under either a wing span search (which only requires reasonable susp) or it could've been incidental to arrest.

As for the legality of the entire scenario, your attorney will have the ability to determine that. I know this is not much help, but "I" can neither defend or question the actions of another (LEO or civilian) with out being privy to all of the facts of the case....(sorry).

sticky_bud

No need to say sorry, I hear where you're coming from.... The plain view search was understood but what really tickles me is that a cop would be so picky as arrest us for a mere traffic violation...We weren't being hostile or anything, I think he was just trying to be an ass. About when you said "...well LEO's have numerous exemptions regarding the "rules of the road." " I just figured if a cop did it why cant I?? Plus If I were to turn into the inside lane I would have missed my turn....Also Im not saying you're lying or anything,but could you provide me with some laws or such regarding the exemptions that LEOs have That would be much appreciated.. Have a good one.

Randøm_

...just one little note on Slate's educating post. At one point he refers to "plain view" search. In fact, if, as you, SB, said "looked in the glove box they found my glass bong and glass sherlock". I don't believe an active search leading into your glove box would be considered a "plain view" search. Like Slate said, it's hard to judge something without actually being present. Still, much is arguable by attorneys. I would go out on a limb and say that by looking in your glove box they may have exceeded their authority in that given matter in those particular circumstances. Much would involve the local laws in your area, but you do have firm foot to stand on.

sticky_bud

When we were in our car all he did was look around with his flashlight thru the window, But when we were in the cop car we saw two of the occifers searching the WHOLE car even my school bag and they even went into the trunk. I believe that was an unjust search but Ill see what my good 'ol lawer has to say... laterz!