Search of vehicle.

Discussion in 'Marijuana Legalization' started by DoctorDank, Feb 8, 2009.

  1. Is there anyway in a court of law you can prove that a cop fabricated probable cause to search your vehicle? Even if he did find something illegal.
     
  2. Cops word > than everyone elses to a judge. Dont ask me why, they are under oath an less likely to lie because they are risking your job whereas you are more likely to lie because your trying to get out of something. Unless you have a lawyer idk what to tell you.
     
  3. Not unless you give some more info...

    ie: What do you think he fabricated? (Smell?) and what did he find(pretty obvious :p) but how much?
     
  4. I've always wondered how smell could constitute probable cause since it cannot be disproven without a search.
     
  5. Same way cannabis was made illegal in the first place...

    The Marijuana Tax Stamp Act... It basically stated that in order to grow/posess weed you had to get a license. In order to get the license you had to show up with the MJ in hand. Therefore you were incriminating yourself by simply showing up to get the license..(Makes sense huh?) :(:(
     
  6. Officer says he see my passenger stashing something (not true, he was messing with his cellphone.) he tells passenger to get out of car and the cop doesn't even ask if he can search the vehicle and just jumps in the backseat and starts going through stuff before I could even say anything. Finds the marijuana because it wasn't "hidden" just kind of sitting there. (but you couldn't see unless you moved some stuff around, like he did)
     
  7. The same thing happend to me man, i hired a lawyer for $7,000 and i still couldn't beat the case :-/. I ended up having to go through a drug program for 3 months. I only had a roach too :mad:.
     

  8. Why would you pay a lawyer that much for a simple possession charge?


    Anyways, it def sounds like he fucked ya.. I really doubt there is much you can do though because it will most likely just end up coming down to his word over yours... Unless you can prove that the search was unjust somehow? Try calling a lawyer(but hang up in his face if he sais something craazy like $7,000) lol
     
  9. #9 Vitamin 420, Feb 8, 2009
    Last edited by a moderator: Feb 8, 2009
    That's illegal search and seizure; you should've stopped the officer and asked him if he had reasonable suspicion or probable cause to search your vehicle. Furthermore, he has to inform you that he is about to conduct a search, and he's going to ask your permission to go through any locked compartments. It appears as if he missed that part too, so you should be able to dismiss the evidence under the pretense of illegal search and seizure.

    It's your fourth amendment right; your buddy was fumbling with his cell phone and the cop all of the sudden thinks you guys might have weed, so he orders him to get out of the car and starts searching? No way is that going to stand as admissable evidence under those circumstances. Just make sure you get a good attorney and he'll take care of it quick and easy. :)
     
  10. #10 dfoolz, Feb 8, 2009
    Last edited by a moderator: Feb 8, 2009

    That would never hold up down here in good ole Florida... In a state where its more leniant a judge might jus say fuck it... But I really doubt it. You shoulda said something before he even started searching....


    Btw... Is it just me or does this thread belong somewhere else?? :confused::confused:
     
  11. What county in florida?

    Listen, you need to demand to see the video tape from the front of the police car.

    And by all means, you need to invest in a lawyer.

    Get a lawyer, get that tape, and prove that the cop hopped right in the car.

    I was searched in Martin County Florida, I told the officer that "You can shine your flash light in my windows and identify probable cause, at which point I will allow you to search the vehicle" at which point the officer proceeded to walk right up to my car, open the door and search.

    In court, dismissed. Illegal search and seizure. I didn't even have to appear in court, the lawyer took care of everything for me.
     
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