illegal stop and search?

[domeshotjuan2]

You should have a coppy of your license and registration on you anytime your in your car... You did not have that a "teaker tag" in your back window and you pull over... All bad in the eye's of LEO. Oh wait I forget to mention the weed. Again all bad.

read the one above and then get back to me i know I screwed up my question is on the officers procedures and the rights that MAY have been (because im not an expert) thrown out. this is not a beat up on the idiot who screwed up thread. i think it states it clearly on the title what im asking. not trying to be rude but im getting frustrated with the run around.

[Cokebottle]

again no arrest.

You don't have to be arrested to be subjected to a legal search for purposes of officer safety.

what contraband i have on me is irrelavent without cause and as you stated if he had concerns he could have sat me on the curb and had the other officer watch me.

Why he didn't just put you on the curb, I don't know... unless he planned to use your voluntary stop to articulate reasonable suspicion for a search.

A full search would be routine prior to placing you into the patrol car to make sure that you have no contraband to dump.

do i have less rights because they think i wont fight the technicalities and my rights.

You voluntarily forfeited your 4A rights when you consented to search.
I'm betting that you didn't keep quiet either, thus, 5A as well.

and as for the marijuana again without being placed under arrest i think the search wich was done before an arrest and without consent or probable cause would be invalid. he may have had reasonable suspicion but thats no warrent to throw procedures out the window.

He didn't throw procedures out the window.
You consented to a search of the vehicle.
You pulled over before he signaled for you to do so.

Overcompliance can be used to form RS/PC. Once he has RS/PC, procedures allow for search, to determine whether an arrest is warranted.

you cant say "i know something was stolen because he had it when i strip searched him" or "i know he was holding someone hostage because i saw it when i kicked down his door" without probable cause or warrant these would be all inadmissable in court.

Exactly, but he CAN claim that your overcompliance lead him to believe that you might be on some kind of drugs, as many drugs create paranoia.

[domeshotjuan2]

OK...Not to be a pill or anything, but the OP is approaching this whole situation with a complete lack of legal knowledge...That's not an insult as that's why we have lawyers.

You are caught up in the concept of a pat-down search, but from your description of events, the search wasn't a pat-down and was completely legal. As I said before, you are facing an uphill battle if you wish to gain an acquittal. If you choose to represent yourself I can see no outcome but negative for you. You need an attorney. Nothing you hear in this thread besides "GET AN ATTORNEY" will give you any help at all.

your right ill stop trying to win on a forum. i think many of you have been MORE THEN HELPFUL. SO THANK YOU FOR THAT I WILL LEAVE THIS TOPIC ALONE.

what is an OP just out of curiosity?

[Seesm]

read the one above and then get back to me i know I screwed up my question is on the officers procedures and the rights that MAY have been (because im not an expert) thrown out. this is not a beat up on the idiot who screwed up thread. i think it states it clearly on the title what im asking. not trying to be rude but im getting frustrated with the run around.

Hey I appreciate what your saying and truly I was not trying to beat up on the idiot as I have been that guy before... You will not make those mistakes again... You live and you learn. Not all Leo's are cool just like not all regular folk are cool. And I read all but that last post. Btw if you feel something was out of wack maybe get a report filed to document what happen and see what you can do.

OP is original poster

[SoCalDep]

read the one above and then get back to me i know I screwed up my question is on the officers procedures and the rights that MAY have been (because im not an expert) thrown out. this is not a beat up on the idiot who screwed up thread. i think it states it clearly on the title what im asking. not trying to be rude but im getting frustrated with the run around.

None of us were there. We don't have the report (Statement of Facts, etc.) and we have heard one side of the story. From what you have stated you had no identification and if there was any VC violation you were subject to arrest per 40302(a)VC. Since you put on your hazards and pulled over, the officer possibly contacted you for a welfare check ****well, not if he lit you up...He'd have to have a VC violation as it's a detention at that point***and asked to se ID, which you said you don't have, which is a violation of 12951(a)VC and makes you subject to arrest (40302(a)VC), not to mention any other possible VC violations you may have had such as 5200/4000(a)(1)/5201 and on and on and on..... You are then subject to search incident to arrest and the officer does not have to immediately inform you that you are under arrest prior to search. But I can't say that's what happened because I don't have the report...No one else here does either...That's why it seems you're getting the runaround.

[domeshotjuan2]

Hey I appreciate what your saying and truly I was not trying to beat up on the idiot as I have been that guy before... You will not make those mistakes again... You live and you learn. Not all Leo's are cool just like not all regular folk are cool. And I read all but that last post. Btw if you feel something was out of wack maybe get a report filed to document what happen and see what you can do.

OP is original poster

THANK YOU. didnt mean to let it out on you like that. I APOLOGIZE. i will look into the report being filed for sure

[xxsleepyxx]

You should only be charged for Driving without licence/registration. Been pulled over for DUI and was acquitted the Cop never showed up to court because he used excessive force and I went to the hospital so he just dropped it..

[Cokebottle]

You should only be charged for Driving without licence/registration. Been pulled over for DUI and was acquitted the Cop never showed up to court because he used excessive force and I went to the hospital so he just dropped it..

This statement makes absolutely no sense.

Were charges filed or not?
Were you arraigned or not?

The only time the officer would go to court would be if you plead not guilty at arraignment... and if he had you on DUI, I doubt charges would have been dropped that easily.

[SoCalDep]

You should only be charged for Driving without licence/registration. Been pulled over for DUI and was acquitted the Cop never showed up to court because he used excessive force and I went to the hospital so he just dropped it..

Sleepy...I'm at a loss for words...One hundred nineteen posts from someone on a firearm forum from someone who admittedly used drugs on a regular basis and had search warrants served on him resulting in the confiscation of firearms. Are you even allowed to possess a firearm under California/Federal law? Now you accuse a cop of excessive force? I'm going to doubt your story.

[domeshotjuan2]

closing thread. not litteraly i dont know how.

[SoCalDep]

uh thanks for all your help you have been very helpful. but ive never had any search warrents served. and i said nothing of exessive force. i could care less what you believe ill take your advice and get an attorney. if your pissed cause im over persistant i understand. i dont know about the fir arms i didnt get a reply on if they can be ceased. they were legal when i got em so....

Sorry for the confusion...I was talking to xxsleepyxx in the post a couple above...not you. I understand you are dealing with a serious situation and trying to figure out what to do.

[domeshotjuan2]

sorry about that i tried to retract it when i noticed it and before any one could read it. man your quick on the draw.lol thanks again for all the help. much appreciated

[TurboS600]

Dude, I don't want to sound like an armchair quarterback or an "I told you so" but.....

If you have spent ANY AMOUNT OF TIME AT ALL on this forum, there are a few things you should know above all others...

NEVER TALK TO THE POLICE. NEVER ADMIT TO ANYTHING. NEVER CONSENT TO ANYTHING. "I HAVE NOTHING ILLEGAL IN THIS VEHICLE OFFICER"

You were VERY naive to think that if you cooperated and "played nice" with the LEO he would just let you go on your way. I mean WTF, dude??

BTW...you have little to fear from the INS on this one. Taking away your citizenship is harder than firing a tenured member of the teacher's union.

[domeshotjuan2]

Dude, I don't want to sound like an armchair quarterback or an "I told you so" but.....

If you have spent ANY AMOUNT OF TIME AT ALL on this forum, there are a few things you should know above all others...

NEVER TALK TO THE POLICE. NEVER ADMIT TO ANYTHING. NEVER CONSENT TO ANYTHING. "I HAVE NOTHING ILLEGAL IN THIS VEHICLE OFFICER"

You were VERY naive to think that if you cooperated and "played nice" with the LEO he would just let you go on your way. I mean WTF, dude??

BTW...you have little to fear from the INS on this one. Taking away your citizenship is harder than firing a tenured member of the teacher's union.

my experience is different wich is why i pulled over so quickly i have actually been thanked on multiple occasions and released for being curtious. i understand their job and what their trying to accomplish. i have a great repor with alot of the officers for situations like that and they now know me for just that. its a shame that that 1% got me like he did. it was after all multiple mistakes on my part. YES I WILL BE MORE CAUTIOS IN THE FUTURE. but cops are people like you and me and naive or not i do have respect for the ones who do their job with a fair prespective. wich is why im so agitated with this 1 situation. i take my punishent if i agree that it fits. and more often then not im in the wrong. i have gained respect and some friendships from being wise to the fact their just doing their job. this is the first case i will be fighting its not the first case i have paid for my mistakes.

I JUST NEED TO BE MORE CAUTIOUS ON HOW I SHOW MY RESPECT FROM NOW ON AS IM NOW AWARE IT CAN BE MISCONSTRUDE.

BUT THANK YOU FOR YOUR INSIGHT I KNOW WHERE YOUR COMING FROM.

AS FAR AS THE CITIZENSHIP THEY CANT TAKE AWAY WHAT I DONT HAVE THEY JUST WONT GIVE IT TO ME

[repomanNWP]

One thing I've never quite understood. I have a prescription for Zocor (high cholesterol pills). I take it everyday. I never carry it around with me - it stays home in the cabinet, just like my Advil and cold medicine, etc.. Why is it that people with "medical marijuana" always seem to be carrying it with them all the time?

Next time, bring your license and insurance card, and leave the pot home.