EnragedCreation

I'm mainly looking for opinions here on the best course of action. I was pulled over last night for speeding which eventually resulted in my arrest for 3 different offences. All will be explained below.

After driving over a hill which I drive over 14+ times a week, I was pulled over by a officer waiting ahead of me with his lights on. The police officer pulls up and says I was doing 64 MPH in a 45. Now I know for a fact that I cannot do that MPH over that hill. My car has MAJOR problems that don't give me enough omph to get over that hill at anything more than 55. Too reach that said speed I would have to have redlined the engine.

Does this give the officer the right to detain and/or search me?

Anyway another officer arrives at my scene and they both agree that they smell Marijuana smoke in my car. Impossible I say.

-My car is filled with Mold, Mildew, Incense Smoke, and other scent heavy fluids because it reaks all the time. Besides the fact that I religeously NEVER smoke pot in my car, there is no way that any scent in my car could of been attributed to Marijuana. Will bring pictures of mold/mildew/rotting food to court.

They never talk about the smell again.

Anyway after a long discussion with the officers about my fourth amendment right, and how the don't really have any reason to search my car they eventually give me a choice. Give us consent now or we search anyway.

I refuse to give concent the whole time, never letting up.

Anyway then the officers say that because I was going to fast ( or wasn't ) that they had the right to bring me in and search my car.

What classifies as a reckless driving, or a offence that would allow me to searched?

I continue to refuse concent.

They proceed to search my car without consent and find 2 pills on the floor, and a old beer can ( not arrested for that ).

Search me, don't find anything.

Officers proceed to ask me questions about the pills, because I don't do those types of drugs at all I tell them I have no idea where, who, when, or how they found their way into my car.

Anyay after leaving me sitting on my trunk for about 45 minutes in the freezing cold while they decide what those pills were, they come back and arrest me to Valium Possetion. My car overheats by this time also.

I go to the police station and I'm searched again when they find a washed bag of Marijuana in my pocket, and clearly tabacco only rolling papers.

-Papers are the soft packs, only sold outside of packages of tabacco.

So now I'm three counts in the hole, all from a search that happened because I was driving to fast, in a car that can't drive too fast, while I wasn't driving that fast. The ticket says 60 MPH in a 45.

Now I think that because I wasn't driving fast enough to warrent a search of my car, I feel I can get the charges dropped. I haven't been able to pinpoint my states moter vehicle laws. Can anybody give me some advice on this?

I'd especially be interested in hearing what our officers have to say.

caesar

The only advice i can give is **** the police.
I had some similar **** like that happen to me and it pisses me off to hear that its happening elsewhere. The best thing you can do is get a lawyer. Trust me. Just having a lawyer present will get you out of a world of trouble. If they gave you a simple possession charge then you will prob get two years probation or some ****. I had that and smoked every day anyway and ended up in jail we they popped a random drug test. So if you get prob dont smoke.

dyolF kniP

My advice to you is to watch what you say around here cuz we do have a LEO that posts and he will probably post on this thread. But i also agree that you should get a lawyer to back you up on this one preferably a good one. And always stick to your story no matter what kind of messed up drama happens ALWAYS STICK TO IT! Dont let anyone boss you around because from what i hear all you were doing was simply speeding in a 45 mph zone. In no way should they have come out with the whole marijuana thing it should have been a ticket and you would have been on your way. Oh well Sh*t Happens. Good luck in court.

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Hensonic_Boom

sometimes i wonder if police have a quota they have to meet and they look for reasons to arrest people. then again, i have no idea how it all works but i think it would be funny if they did have a quota. they probably don't...

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EnragedCreation

More on the case:

From the looks of things, I feel like I was singled out because of a recent move to a more "high, rich and fancy" neirborhood with my youthful and increaminating looking vehicle. They wanted to pull me over just to bust my balls.

Here's why:

I got my car back today, they decided to tow my car to a much farther away tow place than were I was pulled over. $32 extra just because of this. This doesn't mean anything right now....

The officers waited until they knew what the pill was to arrest me. While I was waiting my car overheated, so that means over 45 minutes in the freezing cold. You think they could of arrested me and then found out what the pill was? Isn't that a normal procedure.

The officer that "clocked" me was waiting in somebodies driveway with his headlights on. Very untypical of normal speed traps around here. Is this even legal?

The officer kept asking whether or not I would loose my job because of this. I kept on telling him no and he almost tried to disagree with me. Then he asked me how much money I had countless times. Are you able to get your car? Are you going to be able to post bond? Over and over again. It seems like the cops wanted to shut off my money supply so I was forced to move.

When the police were talking on the radio and they mentioned me they sounded like all of their buddies knew who I was.

There were two officers on the scene almost instantely. I know that they could of done so because I posed a threat, but because the arresting officer was over a foot taller and much bigger I don't think I was one.

I'm slowly building my case. If any officer can confirm whether going 60 in a 45 it would be a great help.

Mr.Mojorisin

Well, if you live in the US shouldn't the DMV be able to supply you with this information? Hell if your having a hard time finding your areas laws, try walking into a station and asking them.

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"I believe in the near future, the government will use anti-drug hysteria to set up a police state" author William S. Burroughs, 1947.

Conine

I'd guess all the weird questions about the job and such would have been to use against you either for leverage to put pressure on you to talk about something or to try and put some information together.

What you really need to do is get a lawyer, I'd say. When the police say "Give us consent or we'll search anyway" understand that once you give them consent they know that they have a clear case, whereas if you don't give consent they stand a chance of having the charges dropped. So of course you did the right thing as far as that's concerned. You're busted and shelling out cash either way, but now your lawyer has something to work with at least.

Well, let us know how it turns out.

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goldberry

By law police have the right to search your car incident to arrest. So if they arrested you (which is what it sounds like when u say "bring me in") they didn't need probable cause to search your car.
By the way, I know this because it happened to me last year and I looked it up.

On a side note, I've been pulled over before and had cops say "It smells like MJ in here" when I know for a fact it didn't. Maybe they just said that to see how you would react, and when you started talking about the 4th amendment they got suspicious.

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Conine

Looking at it from that angle, sounds to me like it comes down to whether or not they were justified in arresting you for speeding and/or whether it's typical or not to arrest someone for going 19 over the limit.