illegal stop and search?

[domeshotjuan2]

he NEVER patted me down he went straight for the search. sorry last comment went to trickster.

[five.five-six]

i did show the d.a. proof of my current marijuana prescription

it's not a prescription, it's a recommendation... back pain??? that's odd, normal it's glaucoma, insomnia or migraines



serious question:


how far did you have to go from the dispensary to get your "prescription"?

[Cokebottle]

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.

You're screwed without an attorney.
There is no way that you'll be able to represent yourself in this and get an acquittal.

[domeshotjuan2]

it's not a prescription, it's a recommendation... back pain??? that's odd, normal it's glaucoma, insomnia or migraines



serious question:


how far did you have to go from the dispensary to get your "prescription"?

yes actually vertabraise 3 and 4 were injured 2 years a go i have saiatica from my left hip down to my toes the whole side goes numb. it hurts to get up every morning and every step i take is a mild pain trust me i rather be back training martial arts the putting up with this crap feeling. i didnt know of any dispensarys untill after my reccomendation. i was just over waking up in cold sweats and throwing up from the nausea all the time i know there are people who take advantage. trust me when i say i lived a healthy and active life before my injury and i would do anything to get it back im still in pain everyday but ive gotten to a point in my recovery where i no longer need alll the legal and illegal garbage. i dont understand why people feel a need to judge other people. just cause im not in a wheelchair people feel the need to act a fool i wouldnt wish what i wake up to everymorning to any one. somedays i rather have my lower body chopped off then put up with it. thats how well mrijuana makes life bearable when you really need to take the edge off

[TRICKSTER]

You're screwed without an attorney.
There is no way that you'll be able to represent yourself in this and get an acquittal.

+1 on that.
I don't know enough about immigration law to help you on this one and in the
jurisdiction that I work in, weed is considered an infraction at best, unless you are dealing, so it would be a non issue. I keep getting the feeling that there is something more to this story. Priors, probation, something else?

[domeshotjuan2]

+1 on that.
I don't know enough about immigration law to help you on this one and in the
jurisdiction that I work in, weed is considered an infraction at best, unless you are dealing, so it would be a non issue. I keep getting the feeling that there is something more to this story. Priors, probation, something else?

no, i did have prior traffic infractions i do have an sr-22 for traffic infractions not dui (speeding tickets) it was a 97 toyota t100 longbed. not in the best runnning condition. im 23. hispanic but you wouldnt know it unless you asked my name, im always very respectful to everyone. try to keep my nose clean. dont deal drugs. i tried p.t., accupuncture, the legal meds, any and everything i could before my insurance was revoked because i couldnt sit through my college classes anymore from the pain. marijuana was my last chance. and it took me months to decide if i wanted to put myself at that risk. i was a punk when i was younger. ive made my mistakes like any other kid. maybe its my karma from when i was younger. but as far as the stop goes theres not much i can add. the officer was a rookie i could tell because he shook my hand after our encounter and i know thats a bigg no no for most cops. along with the fact he was unproffesional both demeanor and body language. i dont have any felony or misdeamenor priors. i dont know what else it could be. besides my obvious mistakes.

feel free to ask me anything you think might be of value.dont be shy i wont get offended your here helping me so....

[domeshotjuan2]

so heres the breakdown
1 see cop
2 allow time to see if hes passing or running my plates
3 pull over ( without being lit up) know whats coming
4 confronted (asked for documents, reg, ins, cdl)only have reg on back window- but ggive cdl#and location of residence
5 asked if allowed to search vehicle
6 verbally hesitant but allow under circumstance(no cdl or insurance in immediate possesion)
7 removed from vehicle
8 searched(no consent-not a pat down)-marijuana found-less the 1 gram
9 relocated to inside of police vehicle(after physical condition explained)
10 officer returns to vehicle- problem recieving my info- gave cdl# name place of residence again
11 officer returns to ask if i like "riding dirty"-ask to be released from vehicle-back pain becoming nusence-response "lay down"-officer leaves again
12 returns to vehicle- pain intolerable(asked to be removed again)-response "not yet"
13 removed from police vehicle-cited-returned smoking device
14 shake hands and on my way back home


these are just the main occurances i think are important.

[SoCalDep]

So many possibilities...Search incident to arrest re: 40302(a)VC, Search re: odor of marijuana, The fact that your not supposed to be driving around with weed even with a recommendation, 23152(a) VC issues, temporary reg (did you have plates?)...I don't know how he articulated everything, but I'd say you're fighting an uphill battle.

[prkprisoner]

If you are stopped while driving and you don't have a license in your possession, an officer can search you and your car for the identification.

[scootergmc]

Your priorities are all screwed up, regardless of the search.

You're driving. You have no license or insurance in your possession. You remember your weed, but still don't keep (or have) a copy of your 215 recommendation? Without turning this into another derailing MJ thread, every single attempting to be legit 215 person I've come across has current copies of their paperwork and keeps their other ducks in a row. Sounds like you're not that person.

For your sake, I hope you're able to pull through, but lay off the pot enough to start thinking straight.

[Nefarious]

I think I might have missed it... but your an LPR and you used to or you still smoke weed for your back pains?

Last I remember, that falls under grounds of inadmissibility. State might recognize the whole marijuana for medical purposes ... but fed does not.

I know we have taken visas away from people when we find any narcotics on their person (or vehicle). Its a little different for LPR's, but in the end, im almost positive they are yanked as well. Again there's more to it than that, and im talking about when one is seeking admission at the POE.

[domeshotjuan2]

Your priorities are all screwed up, regardless of the search.

You're driving. You have no license or insurance in your possession. You remember your weed, but still don't keep (or have) a copy of your 215 recommendation? Without turning this into another derailing MJ thread, every single attempting to be legit 215 person I've come across has current copies of their paperwork and keeps their other ducks in a row. Sounds like you're not that person.

For your sake, I hope you're able to pull through, but lay off the pot enough to start thinking straight.

i went 2 blocks from my house to make sure the manifold i installed in my truck wasnt leaking so i could have it smogged to get everything ligit. wouldnt pass smog prior to new manifold.

didnt remember the weed it was just in my packet from the day before. didnt pay attention to it as i dont smoke all the time. just when i really need something for when the pain is too much. i smoked maybe 1-3 times a week
it was a small quantity in my pocket the size of a balled up reciept thess then a gram prob less then half a gram.

if i would have remembered it i would have left it. and if i was going more then a few blocks i would have brought my docs.

[domeshotjuan2]

I think I might have missed it... but your an LPR and you used to or you still smoke weed for your back pains?

Last I remember, that falls under grounds of inadmissibility. State might recognize the whole marijuana for medical purposes ... but fed does not.

I know we have taken visas away from people when we find any narcotics on their person (or vehicle). Its a little different for LPR's, but in the end, im almost positive they are yanked as well. Again there's more to it than that, and im talking about when one is seeking admission at the POE.

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.

[domeshotjuan2]

If you are stopped while driving and you don't have a license in your possession, an officer can search you and your car for the identification.

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

[1911su16b870]

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.