illegal stop and search?

[domeshotjuan2]

From what you describe the stop sounds reasonable and IMO your 4A rights were not violated.

You really need to get good legal respresentation, you have everything to loose here including deportation.

i was thinking of using a public defender but im not sure how much help one could be. i know i want to subpena evidence and then file for a motion to suppress but dont know how to introduce them. i was planning on defending my self but im getting the feeling i wouldnt do my self any good. i wonder how many continuances i can get before the judge says enough?

[domeshotjuan2]

is there any way to subpena evidence before pleading. so i can show video and audio to an attorney?

[1911su16b870]

An attorney will know those answers, take the protective steps required, and get you the defense you need.

Sorry, no easy answers here, speak with family and friends, your employer to help you out and get legal defense.

[domeshotjuan2]

they dont even know i have the marijuana reccomendation and i would hate for them to find out this way. i would hate for them to find out at all.

is there any way to have a sit down with the officer and see what he says or would i just e making it worse. im not trying to bribe him or anything. maybe he'll understand if i can show him where im coming from. maybe he wont show to the trial ? i know im spitting in the wind here but would it be woth a shot?

[Nefarious]

correct im a LPR and i use to to smoke for my back pain. is marijuana still considered considered a narcotic under federal law? would i be able to apply for my citizenship or would i get denied? ive been in the states since i was 3. im now 23 i dont even know what argentina is like.

Federal law holds marijuana as a schedule 1 controlled substance/narcotic. Schedule 1 narcotics have no medical use in the US. Here lies the problem where State law recognizes marijuana use for medical purposes.

You want to apply for citizenship, but your in violation of Federal law ....

I have seen people setup for deportation that have lived here alot longer than you have; they too had no idea what their home country was/is like, or even speak the native language. I seriously doubt though that "deportation" is on the table here.... I mean that is going to the extreeme end of the spectrum (but it has hapened).

Either way, If your going to fight it, definitely seek representation with someone who is familiar with immigration law. Especially if you are considering Naturalization

[Cokebottle]

is there any way to subpena evidence before pleading. so i can show video and audio to an attorney?

For an infraction?

How much money do you intend to spend on this?
You're taking about the discovery process, where all evidence must be shared by both parties. If the prosecution doesn't intend to use the dash-cam, then it would not be turned over to your attorney in the discovery process... you would then need to subpoena it.

But unless this is a misdemeanor charge with some major jail time attached or a felony... I don't think you're even going to find an attorney that will take the case.


You screwed up when you pulled over before you were lit up.
I thought for sure I was going to be pulled over last week in Pasadena. Saw a cop behind. He changed lanes and got right on my tail. I held it right at the limit... the cars in the right lane were just under.
At his first opportunity, he pulled into the right lane and passed me.
He was in a hurry but not running lights/siren.

[ckim34]

If you didnt have your CDL/ID on you and he had no way to verify your ID then he can conduct an ID search (hands in pockets and all).

[ckim34]

its not like i was being secretive or shady. i was very up front explained the situation and gave him my cdl# and anything else i could for him to verify me. and i dont think something the size smaller then a marble can be construed as an i.d. or a weapon. so i would think that tactic would be thrown out the window. there was no marijuana odor as i never smoked in my car. i was smoking a ciggarette. and i dont believe there was any reason he had probable cause. or even reasonable suspicion. he kept saying "for my safety."
wich is fine i understand if i was a l.e.o. i would want to make sure i got home at night to. but i believe theres a line that was crossed. my rights started where his ended. and went far and beyond that point in my opinion

Exactly its your opinion, but everything the officer did was legal.

[maxwellca21]

you should have just kept on driving and not please that cop too much. no license and not insured with pot in your car (script or no script) made you look really guilty of anything already lol.

[Triad]

Everything I have read in this thread leads me to agree with SoCalDep. Your fighting an uphill battle.

At the end of the day, none of us were there, none of the LEO's here presumably were the one that "pulled you over." And none of us searched you. You will have your day in court...how far you want to take it is on you.

[chrisw]

you should have just kept on driving and not please that cop too much. no license and not insured with pot in your car (script or no script) made you look really guilty of anything already lol.

+1

I don't understand pulling over without being lit up. I've had cops follow me (making me nervous) and then go on their way. Unless I missed something, he may have never pulled you over and none of this would be an issue.

I don't know...good luck.

[domeshotjuan2]

thank you all for your help i really appreciate all of your input and advise it truelly is helping me put things into prespective. maybe i'll get lucky and the officer wont show. i now know not to stop without being truely stopped. i will be fighting this as best as i can to make sure i can stay in this wonderful country. and will proceed with all advise at heart.

i know i probably wont be able to purchase any firearms for a while but im also wondering if the ones i own can/will be ceased from me?

again thank you all very much and if you have anything else to share i would be greatful.

im thinking about getting a hold of the officer as well but im not sure if that will hurt me more then help me in the long run?

[domeshotjuan2]

For an infraction?

How much money do you intend to spend on this?
You're taking about the discovery process, where all evidence must be shared by both parties. If the prosecution doesn't intend to use the dash-cam, then it would not be turned over to your attorney in the discovery process... you would then need to subpoena it.

But unless this is a misdemeanor charge with some major jail time attached or a felony... I don't think you're even going to find an attorney that will take the case.


You screwed up when you pulled over before you were lit up.
I thought for sure I was going to be pulled over last week in Pasadena. Saw a cop behind. He changed lanes and got right on my tail. I held it right at the limit... the cars in the right lane were just under.
At his first opportunity, he pulled into the right lane and passed me.
He was in a hurry but not running lights/siren.

im willing to spend whatever i have and can afford if i have to ill sell my car and the guns will be posted on this site. i dont really own anything else so... whatever i can do ill do it. none of the material stuff will be worth anything to me if i cant stay with my family and friends.they might as well put one through my head if its going to cause me and everyone around me that much pain.

[Triad]

maybe i'll get lucky and the officer wont show.

Don't count on this for your defense. With county's/cities ect hurting for budgeting overtime, court is a viable source these days.

[domeshotjuan2]

Don't count on this for your defense. With county's/cities ect hurting for budgeting overtime, court is a viable source these days.

thats a good point. well in that case ill hope for the best and expect the worse. maybe i can find out when his birthday is or anniversery and set trial for that date YEAH RIGHT that'll be the day