Got Pulled Over

[fballhoss51]

for "running a red light" and tha cop saw i had an open container so he asked if he could search my car

i didnt kno what to do so i said yes, not knowing what was in my car


he found about 20 syringes, a bottle of test p and a bottle of nolvadex

what can happen to me so i can prepare, jail time? money?

thanks

[Assapopolis]

I wouldn't expect anything more than a fine and maybe some probation. Unless you have a possession history already.

[Teabagger]

This is probably the wrong forum to ask in bro. I would be talking to an attorney asap. I presume they only cited you and released correct? It all depends if they try to charge you with simple possession for personal use, or dealing. Also depends on the attitude of the prosecutor in your city/county. Seek an attorney bro and good luck.

[Lavinco]

why were you driving around with your gear?

[bigpopapump]

Dont let anyone search your car in the future. They can only search your car if you are placed under arrest or they can see a illegal material in plain view. They always ask hoping you say YES sure officer.

[Lavinco]

Dont let anyone search your car in the future. They can only search your car if you are placed under arrest or they can see a illegal material in plain view. They always ask hoping you say YES sure officer.

Cops always find a way around a "No" answer.

"No" means "I'm hiding something"

[LennyB]

They already had resonable cause from the open container. They were searching it either way

[biglouie250]

Dont let anyone search your car in the future. They can only search your car if you are placed under arrest or they can see a illegal material in plain view. They always ask hoping you say YES sure officer.

+1, here. dont let them search the car. cite your 4th amendmant my friend:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

he'll get pissed, give you a ticket for running the red light and anything else he can find (tints, obstructions, etc) but eff him, dont be pushed around by the man. Id rather go to court fighting tickets with that ammunition than sitting there with my thumb in my pooper cuz they found my gear.

[biglouie250]

Cops always find a way around a "No" answer.

"No" means "I'm hiding something"

if you refuse and they dont have probable cause they are in a heep of trouble. by this time tommorow theyll be working in alaska when their union cant protect them.

[cfiler]

I'd lawyer-up. Get one, and go over everything. Did they sieze your gear?

50% of the time, cops are dirty and may keep it for themselfs. The other half, they will follow the book, and try to get you busted. Did they give you a seizure notice?

If anything does happen, it should be probation with a fine, and possibly comunity service. They wouldn't give you jail time for just such a small amount.

[Lavinco]

if you refuse and they dont have probable cause they are in a heep of trouble. by this time tommorow theyll be working in alaska when their union cant protect them.

The cops probable cause was the "open container"

[Lavinco]

How come the didn't arrest you on the spot fball? You should have went to jail already for posession of an illegal substance.

[Vectork39]

if there is no probable cause they can't search your vehicle, i dont care what you say, they will not risk their job searching a vehicle when they dont have permission. i no longer buy the argument that they will think that you are hiding something...however the open container gives them all the probable cause they would need to search that car from top to bottom..

so what was the charge? they must have charged you with something before they let you go? and the police report will state what they found

first the moving violation, and running a red light carries alot of penalties and points.
they could charge you with an open container (obvious charge) but they could also nail your ass to the wall with several other charges: 2 counts of CDS in a motor vehicle (1 for the test and the other for the nolvadex) now im not 100% about the nolvadex being a cds but its definitely illegal and it could be classified under possesion of a prescription drug without the prescription. also the 20 syringes classify as possesion of paraphernalia.

my advice is first find out what they charged you with, get a copy of all the reports and call a lawyer...depending upon where you live, and your prior driving record, you could lose you license for a long ass time and pay some heavy fines.

do you have a record (driving or criminal)?

[No One Knows]

Why are you riding around with gear and a gang of syringes? You should keep that shit at home bro..

[thaisteroids]

Long live Europe!
Nail me for syringes? I can walk up to every police station in the Netherlands, telling I need one, and they will give me one..
Serious. Ofc. you need to say you use drugs.. but they are already happy if people don't go arround using used syringes.

Anyway, that's the Netherlands..
one vial of test... they won't even make a note of it.

America is a strange country, you can drive arround with a loaded GUN, but not with some pot or juice..

[biglouie250]

damn freaky deaky dutch!!!

[poloblue]

waiting to hear why you was riding around with your gear. hope this ones good

[Ufa]

Were you charged with anything? If they let you walk you are home free; and there is some cop with a shit eating grin on his face.

[TheDfromGC]

if you refuse and they dont have probable cause they are in a heep of trouble. by this time tommorow theyll be working in alaska when their union cant protect them.

i dont think it would have mattered, for the most part a cop can easily make up something in court and get away with it, all he has to do is say he saw something that looked like a syringe, or smelled weed, or alcohol, etc...even when there is absolutely no reason at all....a cops "probable cause" cannot be proven, which they will take advantage of and when it gets into the court its ur word against his which generally wont go too well for u

[Ufa]

"Officer if you have to ask the answer is NO!

[TheDfromGC]

yeah, its always a good idea to try with something like, "sorry im in a hurry and i dont have time," but like i said if they want to search ur car, they generally will

[Lavinco]

Long live Europe!
Nail me for syringes? I can walk up to every police station in the Netherlands, telling I need one, and they will give me one..
Serious. Ofc. you need to say you use drugs.. but they are already happy if people don't go arround using used syringes.

Anyway, that's the Netherlands..
one vial of test... they won't even make a note of it.

America is a strange country, you can drive arround with a loaded GUN, but not with some pot or juice..

Yeah, I keep my gun loaded and by my side at all times when I drive just in case some cop wants to get lippy with me.

Did you know that you can also get away with shooting people that ask for syringes?

Yeah it's a great country to live in.

[thegodfather]

This has been gone over so many times in the passed, but bros dont seem to learn. I dont have the energy to regurgitate a bunch of legal jargen right now that most people would argue with anyway. So let me just say, the officer should have issued you a summons to appear in court or arrested you. One of the two things must have happend in order for you to be charged. Also, there must be a clear 'chain of custody' of the confiscated gear, so the chances he pocketed it are not likely. If, however you end up not getting any notice from the court then I would get a lawyer. If the officers overhead light rack was turned on during the stop, there is a video&audio record of the stop. So, if he confiscated gear from you, yet failed to issue you a summons, AND did not turn the gear into evidence(all highly unlikely) then you have a case against him. Although, it would not be in your best interests to go afer the police for stealing your drugs, basically.

The stop already happend, and you already got your gear confiscated. So I'm going to avoid the hole heated debate over when cops have probable cause to search, or a search incident to arrest, and various other things. Most people are under the impression a cop needs a written ****ing warrant to go through your car, and that just isn't true.

[shortie]

This has been gone over so many times in the passed, but bros dont seem to learn. I dont have the energy to regurgitate a bunch of legal jargen right now that most people would argue with anyway. So let me just say, the officer should have issued you a summons to appear in court or arrested you. One of the two things must have happend in order for you to be charged. Also, there must be a clear 'chain of custody' of the confiscated gear, so the chances he pocketed it are not likely. If, however you end up not getting any notice from the court then I would get a lawyer. If the officers overhead light rack was turned on during the stop, there is a video&audio record of the stop. So, if he confiscated gear from you, yet failed to issue you a summons, AND did not turn the gear into evidence(all highly unlikely) then you have a case against him. Although, it would not be in your best interests to go afer the police for stealing your drugs, basically.

The stop already happend, and you already got your gear confiscated. So I'm going to avoid the hole heated debate over when cops have probable cause to search, or a search incident to arrest, and various other things. Most people are under the impression a cop needs a written ****ing warrant to go through your car, and that just isn't true.

Amen, everyone seems to forget that the supreme court has ruled against offering the same protections against search and seizure in your car as you get in your home. Biggest single lesson you can get from this, is not-Telling a cop no to a search, the biggest single lesson available here is the same one that had been evident to me in all too many of these posts-DO NOT PACK YOUR GEAR AROUND IN YOUR CAR!!!

[Vectork39]

i really want to hear the response from this guy

[thegodfather]

Amen, everyone seems to forget that the supreme court has ruled against offering the same protections against search and seizure in your car as you get in your home. Biggest single lesson you can get from this, is not-Telling a cop no to a search, the biggest single lesson available here is the same one that had been evident to me in all too many of these posts-DO NOT PACK YOUR GEAR AROUND IN YOUR CAR!!!

Or, at the very least drive with extreme caution when transporting gear. The only exception to the above rule is a locked container within your car, such as a toolbox with a lock. The reason being is, that you could not reasonably access a weapon quickly from a locked container, therefore without significant established probable cause, the officer has no right to search it without a warrant from the courts.

[sooners04]

Depending on where you live, the open container gave them the right to search your vehicle. If they cited and released you for the gear then your lucky, you should have went to jail since AAS are categorized with cocaine heroin etc... Whoever said that 50% of the cops are dirty and would keep it for themselves is grossly mistaken. If they cited you for it they HAVE to put it into evidence or where is the case for court if they keep the evidence?

[*Alex*]

Depending on where you live, the open container gave them the right to search your vehicle. If they cited and released you for the gear then your lucky, you should have went to jail since AAS are categorized with cocaine heroin etc... Whoever said that 50% of the cops are dirty and would keep it for themselves is grossly mistaken. If they cited you for it they HAVE to put it into evidence or where is the case for court if they keep the evidence?

agreed!

[thegodfather]

Depending on where you live, the open container gave them the right to search your vehicle. If they cited and released you for the gear then your lucky, you should have went to jail since AAS are categorized with cocaine heroin etc... Whoever said that 50% of the cops are dirty and would keep it for themselves is grossly mistaken. If they cited you for it they HAVE to put it into evidence or where is the case for court if they keep the evidence?

Exactly, but you cant ignore the chance that the officer could report a significantly lesser amount than he finds. A buddy of mine was raided a year ago, he was busted with 5G's in cash, when he got to the station the cops turned in 2G's in cash....

[Posideon]

Listen to sooner he's right, the open container gave him probable cause. If you didn't let him search, he would've waited for the aff/search warrent.

[Grappler13]

Cops always find a way around a "No" answer.

"No" means "I'm hiding something"

Simply refusing to consent to a search does not create probable cause nor reasonable suspicion. Either of these are needed to start the search process and there are reams of Supreme Court precedent stating this. Again, refusal to consent, without more, does not give the cops ANY right to search you.

[Lavinco]

Simply refusing to consent to a search does not create probable cause nor reasonable suspicion. Either of these are needed to start the search process and there are reams of Supreme Court precedent stating this. Again, refusal to consent, without more, does not give the cops ANY right to search you.

Why are we still going on about when a cop can and cannot do a search?

Go back to the first post of this thread and read how he had an "open container".

Probably an opened beer can.

Stay on key bros.

[sooners04]

Exactly, but you cant ignore the chance that the officer could report a significantly lesser amount than he finds. A buddy of mine was raided a year ago, he was busted with 5G's in cash, when he got to the station the cops turned in 2G's in cash....

Will the officer take some, if he wants to lose his job, maybe. Whether he takes some or none there is still enough to arrest and convict on.

[thegodfather]

Will the officer take some, if he wants to lose his job, maybe. Whether he takes some or none there is still enough to arrest and convict on.

I agree...he ought to just try and plead it out...no sense in going to trial with it..

[sooners04]

Exactly!!

[TheSentinal]

Which way did he go? We gotta find out what happens here. I don't get why he had the gear in his car and why he didn't know the gear was in his car!

[Assapopolis]

Listen to sooner he's right, the open container gave him probable cause. If you didn't let him search, he would've waited for the aff/search warrent.

Wouldn't even have to wait. He could place the person under arrest for the open container. Then him, or another officer, would do a vehical inventory.

[Cornholio]

Why did you run a red light with gear and an open container in your car?

[Bratty4him]

Listen to sooner he's right, the open container gave him probable cause. If you didn't let him search, he would've waited for the aff/search warrent.

This is not accurate. The P.O. already had probable cause with the open container. At that point, does not need your permission to search.

[LOKITSC]

Exceptions to the warrant requirement:

1) Exigent Circumstances

2) Search Incident To Arrest -- Only applies to a CUSTODIAL arrest, not a ticket. See IOWA v KNOLLS, decided by the USSC prior to ATWATER (a really crappy case which ****ed our 4th Amendment rights) but is still good law. Essentially, KNOLLS holds "no search incident to citation." Police cannot search your vehicle for running a red light because they cannot effectuate a custodial arrest for running a red light; it's an infraction, not a misdemeanor.

3) Probation/Parole Search

4) CONSENT (NEVER CONSENT)

5) Plain View

6) Inventory Search

Do not consent, or you're essentially waiving your Fourth Amendment rights. If a state actor searches you anyway, then you have a suppression motion and may be able to exlude the "fruits" of the unlawful search.

**If you drive around with gear in your car, put it in your trunk. (assuming you don't have a locked container in your vehicle.)

** Don't drive with an open container...