illegal stop and search?

[domeshotjuan2]

o.k. so i was 2 blocks away from my house. about to make a right turn and i noticed a cruiser parked on the side of the road. so i made sure to yield for the red light and then made my turn. as soon as i passed him i looked in my rearview and noticed he pulled away, so i continued to drive at the speed limit. there was no other cars around. he got in my lane and was about 100 yards away i kept driving but after about a block i knew what was up mind you he was now about 3 car lengths behind me. so i throw on my hazards and pull over before he lights me up. he pulls behind me now lighting me up. so i stay in my truck its a late 90's pickup with a red numbered temp plate in the back window. so he gets to the passanger window and asks me why i pulled over i explained i was being curteous. so he says he wasnt going to pull me over. and in my head im thinking then why are you at my window. but i didnt want to be rude so he asks for my cdl, reg, and ins. i have only my reg wich is clearly on the rear window. he asks if i mind if he searches the car so i say yes i do but since i have no liscence, or insurance on me youll do it when you tow my car anyways so he asks me to step out and the takes me to his car here he procedes to search me not pat me down. he finds marijuana wich i have a prescription for due to serious back injuries. he then tells me to get in to the back of his car for his safety at wich time i state about my back. it takes him forever to search my car and run my info wich i gave him my name, cdl#, everything he asked for. and he was very un proffesional.

did he have a right to pull me over?

did he have a right to search my person without consent? this was not a pat down for his safety. he did cite me for no reg, ins, and the marijuana . less then a gram

can i fight it. my citizenship is at stake ive been in the u.s. since i was 3. the d.a. refuses to take my prescription because i dont have the original and i cant find my original doctor at all.

thanks for reading this book. i wanted to be as detailed as possible without turning it into a 50 page essay

[domeshotjuan2]

i did show the d.a. proof of my current marijuana prescription and the judge threw out the registration. i also explained to the officer numerous times my back is starting to seriously be in pain and if and when can i get out wich he responded to just lay down. then came back and asked me if i like some rapper chamillionare cause he caught me ridin dirty. at wich time i said no and again when can i get out im in serious pain 45 min later he came back to let me out and write my ticket. when i went to stretch out and bend over he told me whats wrong your back hurt? very sacrcastically.

[jmzhwells]

Well, if you pulled over and put your 4ways on, sure, he can contact you, and do a welfare check, or a consentual encounter, and since he saw u driving, ask for you license, reg, and insurance. A vehicle inventory is legal, to protect whats in ur vehicle. And really? driving unlicensed and uninsured?

[domeshotjuan2]

Well, if you pulled over and put your 4ways on, sure, he can contact you, and do a welfare check, or a consentual encounter, and since he saw u driving, ask for you license, reg, and insurance. A vehicle inventory is legal, to protect whats in ur vehicle. And really? driving unlicensed and uninsured?

i know i know. not an excuse but i had both at the house and was working on my truck and decided to go on a test run without my docs. stupid i know. but you think the search will hold? there was no consent of my person just the truck and the marijuana was in cigarrete wrapper. couldnt really feel like a weapon in my prespective. i dont use marijuana anymore just used it at that time instead of kadian and oxycodon. i rather not have to use any of that crap. im afraid of losing my citizenship and the rights to my firearms. dont know what to do cant afford a atty at the moment so i just keep asking for continuances till i can figure it out.

[TRICKSTER]

Sounds like you stopped on your own, you consented to the search, and you were not in possession of a drivers license, registration papers, insurance, or a medical marijuana card to explain why you were in possession of marijuana. I may be misunderstanding your post, but that's what I get out of it.
Why would your citizenship be at stake over infraction violations? Something doesn't make sense.

[domeshotjuan2]

Sounds like you stopped on your own, you consented to the search, and you were not in possession of a drivers license, registration papers, insurance, or a medical marijuana card to explain why you were in possession of marijuana. I may be misunderstanding your post, but that's what I get out of it.
Why would your citizenship be at stake over infraction violations? Something doesn't make sense.

i.n.s. puts a 5 year hold on getting your citizenship if your a perminent resident for any drug convictions and although i can have them expunged at a state level thats not so for a federal level with i.n.s.

[domeshotjuan2]

i gave consent for the truck he never asked and i never said it was o.k. to search my person. i woud of thoughthe would have just patted me down for weapons not stick his hands in my pockets.

[jmzhwells]

i know i know. not an excuse but i had both at the house and was working on my truck and decided to go on a test run without my docs. stupid i know. but you think the search will hold? there was no consent of my person just the truck and the marijuana was in cigarrete wrapper. couldnt really feel like a weapon in my prespective. i dont use marijuana anymore just used it at that time instead of kadian and oxycodon. i rather not have to use any of that crap. im afraid of losing my citizenship and the rights to my firearms. dont know what to do cant afford a atty at the moment so i just keep asking for continuances till i can figure it out.

was your license valid?, since he was patting you down for weapons and found an illegal substance, based on his training and experience, he developed probable cause for a search, and then can legally search your vehicle where he thinks marijuana could be hidden. I think you should take your lumps, pay the fines, or community service, and go from there. You citizenship wont be in jeapordy until you commit a violent felony, or several misdemeanors that are violent in nature.

[domeshotjuan2]

was your license valid?, since he was patting you down for weapons and found an illegal substance, based on his training and experience, he developed probable cause for a search, and then can legally search your vehicle where he thinks marijuana could be hidden. I think you should take your lumps, pay the fines, or community service, and go from there. You citizenship wont be in jeapordy until you commit a violent felony, or several misdemeanors that are violent in nature.

liscence was valid along with the registration
not to ssound like a know it all but i thought a pat down was outside the clothing and a search is more thorough? what probable cause could he have had untill the point he found the marijuana? he never said he smelled anything. and i was very cooperative, courteous and gave him all my information up front cdl# where i lived why i didnt have any documentation on me everything i could to show i mean no harm and show my demeanor is not one of remorse or hatred or anything. marijuana probably shouldnt have been in my pocket but in no way would a amount of marijuana no bigger then a balled up reciept be construed as a weapon. just in my opinion though

[jmzhwells]

liscence was valid along with the registration
not to ssound like a know it all but i thought a pat down was outside the clothing and a search is more thorough? what probable cause could he have had untill the point he found the marijuana? he never said he smelled anything. and i was very cooperative, courteous and gave him all my information up front cdl# where i lived why i didnt have any documentation on me everything i could to show i mean no harm and show my demeanor is not one of remorse or hatred or anything. marijuana probably shouldnt have been in my pocket but in no way would a amount of marijuana no bigger then a balled up reciept be construed as a weapon. just in my opinion though

You feel a small baggy type thing (balled up reciept) from the outside, like i said based on his training and experience, could be construed as a baggy(or whatever it was in) of drugs, which it was, and you just gave him probable cause to search. Im not sure of the circs, and I know its unfortunate for you, but you need to realize that if you had your doc's, as you should have, you might not be dealing with any of this

[domeshotjuan2]

agreed i screwed big time no denying it. i should have had my documents even to drive down my street. but im stuck on the fact he pulled something out of my pocket that obviously couldnt have hurt him. when i went to i.v.c. before my injury for criminal justice to be a l.e.o. i was told if i didnt give consent to search my person and they search anyways and there nothing that COULD be a weapon then they have no right to charge you for what they find illegal or not. i guess im just mad i let myself be put in that situation. will i still be able to purchase firearms? or can i kiss them goodbye for a while

[TRICKSTER]

If I'm reading this correctly, you had no ID on your person. The courts have ruled that if you don't have ID and are stopped, even for a minor violation, the officer has the option of booking you for the violation at the jail and you would then be cited out after your ID was confirmed. Officers do not have to accept verbal identification. You are lucky he decided to cite you out at the scene. Sorry, but you screwed up, just deal with it. You may want to quit smoking the weed, it really screws up most people's judgement.

[ke6guj]

agreed i screwed big time no denying it. i should have had my documents even to drive down my street. but im stuck on the fact he pulled something out of my pocket that obviously couldnt have hurt him.

it doesn't matter if it wasn't something that could hurt him. If, during the pat down, he felt the marijuana, and could articulate that it was marijuana, then he could then remove it from your pocket. That is legal. Now, if without having patted you down, he immediately dug into your pocket, that could be considered an illegal search.

when i went to i.v.c. before my injury for criminal justice to be a l.e.o. i was told if i didnt give consent to search my person and they search anyways and there nothing that COULD be a weapon then they have no right to charge you for what they find illegal or not.

right, but he didn't initially search you, he patted you down and felt drugs. that then gave him PC to search your pocket.

i guess im just mad i let myself be put in that situation. will i still be able to purchase firearms? or can i kiss them goodbye for a while

I dunno, can you. With an active california marijuana prescription, can you legally answer the question on the 4473 regarding being an unlawful user of marijuana (remember, marijuana usage is illegal federally, even if you do have a CA MJ card) and say NO? I doubt it, so you'd have to answer it YES, and guess what, the FFL can't sell it to you. If you say NO, then you just committed perjury on the 4473.

[domeshotjuan2]

If I'm reading this correctly, you had no ID on your person. The courts have ruled that if you don't have ID and are stopped, even for a minor violation, the officer has the option of booking you for the violation at the jail and you would then be cited out after your ID was confirmed. Officers do not have to accept verbal identification. You are lucky he decided to cite you out at the scene. Sorry, but you screwed up, just deal with it. You may want to quit smoking the weed, it really screws up most people's judgement.

thank you for clarifying that for me now its in prespective and as for the weed as i stated before i used it INSTEAD of kadian and oxycodon i dont wnt to end up a junky. i hate all impairing substances. including alchohol. just between the narcotics and the marijuana well i cant die off the weed. i really do appreciate you clarifying the search for me. DO YOU THINK I WILL BE ABLE TO KEEP MY GUNS AND KEEP BUYING NEW ONES?

[five.five-six]

You may want to quit smoking the weed, it really screws up most people's judgement.

so many great quotes, and only so much room on my signature