legal troubles.. please help

If your friend ever at one point said "ok" whether the cop said he had legal right to because he did not have insurance (whether it is or not, i'm not sure), it is seen as consent.


Anything you say can and will be used against you in a court of law.

 

Insurance? That's got nothing to do with a cop being able to search you...as far as common sense goes anyway..

 

BUMP...
well this thread is actually about me and my legal troubles so ill tell you the story.

me and a friend were driving to a hockey game and we took a wrong turn and ended up going through a park. Well a cop is parked on the side of the road as we pass. he turns on his car and turns around and starts following us, i guess we look like potheads or something because nothing was visible and we werent smoking in the car and my friends driving seemed perfectly fine to me....i was high though (we had smoked earlier) well we turn to get out of the park and the cop pulls us over. He comes up and tells my friend he ran a stop sign, kinda bullshit the cop could argue my friend didnt stop for the 3 seconds but nonetheless.

Well the cop comes back and there are now 3 of them pigs, 2 cars (i dk when the other car showed up). They ask to pat us down for weapons. Can you refuse those? So we step out of the car and close the doors behind us and everything. Well after the cop pats me down he goes "you don't mind if i take a look in the car?" i answered "i refuse consent to search, but i cant give consent this isnt my car. You'd have to ask my friend because it is his car." the cop "well your friend already gave consent"(i told my friend while in the car not to give consent and he said yea he knew and all that) so i said "well would you please ask my friend you have been talking to me the entire time how would you know?" and he just got angry and told me to calm down and step back. So there wasnt really anything i could do after that. They ended up finding my pipe and like a gram of weed.

and what my friend told me after was the the cops told him he couldnt refuse a search because he had no proof of insurance, which i personally think is complete bullshit. and now that i think about it his parents showed up to take the car and probably brought along proof of insurance, but they werent called until after the cops searched the car and found everything, but my friend did ask the cops to call his parents to bring the insurance, and i think the cop said no(im not too sure about what the cop said though all i know is that my friend never called his parents the cops did after we were arrested)

so im thinking either the cops worded the question wierdly and confused/tricked my friend into giving consent or the insurance thing isnt bull or my friend doesnt know his right or he gave me up.(it was my weed but it was in his car so he also got in trouble but he mightve thought he wouldnt have gotten in trouble, but i dk) So what im wondering is does not having proof of insurance give cops the right to search? and how could i fight this in court? Thank you for all your help.

 

im not a lawyer but that sounds like bull to me. some cops are just dick heads man id fight that shit

 

Ok I'll answer...

1)They ask to pat us down for weapons. Can you refuse those?
Answer: No, it is called a Terry Search and an officer can do it to ensure their safety. They cannot, however, reach into your pockets unless they establish probable cause to, for example feeling a baggy or a long item that could be a knife or gun, etc.

2)So what im wondering is does not having proof of insurance give cops the right to search?
Answer: First of all, you need insurance to drive a car, so having no proof of insurance is basically saying you're breaking the law in the first place. This gives the cop more than enough probable cause, such as you and your friend potentially stole the car. As ludacris as it sounds it's a valid assumption that would stand in court, ultimately it is not hard for officers to establish probable cause. Even if they thought they couldn't search on that basis, they would of probably towed the car, which gives them the ability to search anyways through 'inventory' check on your car.

3)how could i fight this in court?
Answer: Get a good lawyer to get reduced charges hopefully, but don't expect to win, you're theory holds no water, sorry

 

damn + rep ^^^

 

thanks thatzthetheory very helpful. He did have registration on the car which proved it was his, so i dont think the cops could say it was stolen. Unless they thought maybe we stole it from his parents, which they probably could argue in court. and just so i dont have to start a new thread....do the temporary detox substance show up on probation drug tests? what about the permanent detox?

 

cops are pretty much trained to trick you into giving up your rights and to let them search your car and such.

so yah, got played imo

 

silly guy right here everyone. hes so silly.