If its an illegal search, itll get thrown out of court, and ill walk away fine. I dont have the cash to get a good lawyer, so i was looking for some advice from you guys. I appreciate the suggestions and im reading them intently.
Associate Member
If its an illegal search, itll get thrown out of court, and ill walk away fine. I dont have the cash to get a good lawyer, so i was looking for some advice from you guys. I appreciate the suggestions and im reading them intently.
Senior Member
As you have been told, if you were arrested, they had the right to search. Sorry, you won't be getting off on that technicality.Originally Posted by AllGearedUp
Which is exactly why you were not asked for permission to search, they didn't need your permission at that point.
Last edited by kynetguy; 07-31-2006 at 09:18 AM. Reason: Wording
Senior Member
Well the argument I as a law student would make is.....they are going to claim that with a warrant out for your arrest for an unpaid fin they have probably cause to search ur person and car....However my argument to that is a warrant for an unpaid fine doesn't make you suspicious of any possible contraband...I.E. just because you are a law breaker doesn't make u a drug dealer...In otherwords one offense doesn't automatically make u guilty of every possible one...How does an unpaid fine lead one to a glove compartment or anything that isn't "in plain view"?
Senior Member
I know what ur saying and when I was little I always wanted to go to law school, but I stopped that dream early cause I get all confused and worked up on loopholes and what-not
FOR EXAMPLE.... what if this person got pulled over on a warrant for not payin a parkin or speeding ticket.... the cops searched the vehicle and found a dirty knife/pistol/weapon, this person used to rape and murder some innocent person.... Do you still agree the guy should have been let go because the warrant was for a traffic violation and it WASNT a warrant to a crime of something like rape/murder/etc????
Dulce bellum inexpertis
Because, once the suspect is placed under arrest the whole plain view/whats within reach goes out the window. The cops I assume impounded his vehicle. Regardless of what the offense is, once a vehicle is impounded the entire car will be inventoried (so as to protect them from you saying they stole something in your vehicle), anything illegal thats found during the inventorying of the vehicle can be used against you. The reason for police not being able to search locked compartments on TRAFFIC VIOLATIONS only, is that it is not concievable a person would be able to get their keys and unlock a compartment and then get a weapon to harm the officer, before the officer pumped a hell of a lot of lead into you. Its a fine line, however once the suspect was in custody, so was his vehicle and thus became subject to complete search, case closed.
Associate Member
I was pulled over on the road that leads to my house. I forgot something and headed back to my home. He ran my plate and pulled me over. I was within 50 seconds of my house. He suggested that i call my roomie and have him get the jeep and drive it home. I called my roomie and told him to come ASAP. As i saw my roomie walking down the street toward us, i saw the cop unlock my cosole. My jeep never got impounded.
Senior Member
I def. dont claim to know everything when it comes to the law... but this strikes me as kind of weird... Whether they end up giving a person their vehicle back or not, I was always under the assumption if LE found countraband in a persons vehicle, they would impound it as standard practice for evidence and what-not... unless what the extensive search they performed wasnt "legal".... who knows though... I would definately take note of that, however
Senior Member
Now if ur warrant was for failure to appear in court to testify about a drug charge, then obviously its logical to assume that you may possibly have some contraband on u at the time, that is probable cause...However an unpaid fine and a search of ur vehicle without a warrant is far from that...
Senior Member
Hey the law is there to protect the people from the cops abusing their power and unlawfully stopping and searching people for reasons other than suspicion, i.e. race, status, etc...If some guilty people luckily benefit from it in some way then so be it....One innocent life is worth a thousand guilty ones, if u've heard the expression
Senior Member
I know what your saying bro... and I definately wasnt disagreeing with your post.... I used to ( and still do ) find it fcked up that I used to get pulled over based on how I looked or what kind of car I drove in a certain neighborhood and it would eventually lead to a full car search even though I was innocent besides my tinted windows or somethign else minor...
I was just expressing an opinion I could see others bringing up... Like I said, its situations like these that make the law way to subjectable
Associate Member
My warrant was for not paying my restitution. I was arrested 6 years ago for larceny over 250$. Im supposed to pay 200$ a month till its all paid off. Im on probation till its paid off. I have a year suspended sentence. By not paying my restitution, I am in violation of my probation. I took 3 months off from paying, due to financial reasons. Its my own fault for not letting the courts know. I wasnt aware of the warrant till I got pulled over. It had nothing to do with drugs or anything. Just a theft. There was no reason i gave him to think there was anything in my car illegal. he said he was doing an inventory search, which is why he opened my locked console.
Senior Member
Yeah, but as Winston Churchill said, "Democracy is a terrible form of government, but its better than all the rest"
Senior Member
I'm an attorney and while I dont do much criminal defense work, I know enough to be dangerous. Generally, police need a warrant to search a vehicle. This does not apply if contraband (drugs, etc.) are in plain view. A closed compartment (trunk, center console, glove compartment) would never be in plain view and thus, would normally be a protected space. However, the police can search these compartments in a couple of situations: (1) they have a warrant to search the vehicle and (2), police can search the entire vehicle when they are making an arrest. This is called a search pursuant to arrest. In some jurisdictions, a search of closed compartments can still only be performed in the car is impounded (called an inventory search). Other jurisdictions allow closed compartments to be searched at the scene of the arrest. Your best bet is to contact a competent criminal defense attorney and they should be able to tell you if you have anything to worry about. Feel free to PM me if I can answer any questions.
This post contains only my general impressions and thoughts based upon a hypothetical situation. It does not contain any legal advice whatsoever.
Associate Member
I hear ya man. I didnt take what you said in a bad way. Like I said, im looking for opinions/advice from anyone. Your comments make sense to me.
Senior Member
BTW, from what ive read in different posts over my time here on the boards from members who do juice and get questioned.... its probably best to expect the worst... and you should think about clearing all increminating evidence from your computer because if you are found guilty or take one of these plea bargins... a computer is one of the first things they will go for, it seems
Associate Member
The only thing on my comp that has to do anything remotely close to gear, is this site, but im here for more knowledge than gear.
Anabolic Member
Tell them, but..
There is a good chance than they'll say "that information is no good to us" and they'll go back on their word..
I had a friend who did some sort of Credit Card scam thing, with some guy in Russia.. i dont know the details.. but apparently he was visited by the FBI.. and he told them it was a guy in russia.. and the feds told him "that information was no good to them"
but in the end the Feds never charged him with anything.. so i don't know...but than i only can go on what he told me happened, I hadn't witnessed anything myself.
Senior Member
give them a bogus addy overseas somewhere. pick some p.o. box off the net or give them a name of a known scammer.
National Level Bodybuilder/Hall of Famer/RETIRED
I wish I could offer you advice. All I can say is good luck to you.
You said you can't afford an attorney? There are free legal aid places you can go to and get some of your questions answered. You can find out if the search was legal or not.
Muscle Asylum Project Athlete
Associate Member
This seems like it would be a very expensive case. I hired a lawyer for my larceny charge. Semi minor case I think, and it costed me 3 grand. This seems like a much bigger deal, only cause im looking at a year in the slammer. I dont think ill be able to save that kind of money in such a short period of time. Im gonna have to look into some free legal advice like you said, and make my decision as to waht to do, after that point.
Dulce bellum inexpertis
Try thinking about the money you're going to lose if you have to go inside for a year. You will have a full year where you dont make a dime, not to mention that it just outright sucks. I would strongly advise you against getting a public defender as most of the time they are just interested in pleading you out rather than having to take anything to trial. You're going to need counsel when you challenge wether or not the search was legitimate or not. As far as squealing, ever see that news report about where steroids were coming from overseas and sources like A**N were mentioned? He is still up and running and no one has hurt his business yet. I'm sure if you 'rat' out these sources not a single damn thing will happen to them because these local idiots wont be able to do anything. If the US government cant touch guys like A**N and V****R than they certainly cant. However, this is why their deal sounds fishy to me, because usually with deals like that they require that it lead to a CONVICTION of the person/business that you fingered. What good are you just by saying "i got my juice at this website"...
Anabolic Member
I would just make a random name out. they can't track it overseas even if you made it up. But first talk to a lawyer and know ur rights.
Anabolic Member
Good luck. I'd definately get a lawyer though.
Anabolic Member
dont give up your source...thats not cool at all bro
Anabolic Member
dude..i live in mass too..pm me what part of mass youre from..i just made a thread about needles being illegal in a few months sept 18th and it got no attention
Senior Member
Best advice, don't travel with illegal stuff, especially if you have warrants or suspended/revoked driver's license etc.... Your vehicle, person and property was all able to be searched due to incident to arrest. Once your under arrest you lose all rights to your property. Yes even the trunk can be searched incident to arrest, I just did it less than 24 hours ago and have done it 182748596749 times before.
Associate Member
I wish I had a trunk. I drive a Wrangler. I knew what I had, and I knew it was illegal. I dont deny that. As far as the needles go, he told me they were illegal to posess in Mass. Not sure where this will end up. Like I said earlier in the post. The mother of my son has a cousin whos a cop in this town. Technically my son is related to him. I think I can use this to my advantage. I put a call into him earlier today. He has no idea im sure, or i would of heard from him already. I think he can have a big influence on my arresting officer. Maybe persuade him a lil. Ill let you guys know what he says.
Associate Member
US isnt as liberal.
Anabolic Member
Bottom line, the police can do whatever they want. Its your word against there's. They could lie and say they saw it in plain view. The most important thing to do, is say nothing, and ask to speak to your lawyer...
Banned
FVCKING COPS!!!!!!! i hate em so much i don't even respect them or anything they do. all cops can f off and die....
Anabolic Member
They cannot do anything to an overseas source. I agree with all advice given by godfather. Number one thing to remember when dealing with police when you're guilty: keep your mouth shut and seek counsel.
Anabolic Member
If you haven't been charged get the hell out of Dodge. Seems they would charge you first then make a deal to drop the charges.
New Member
shitty ass situation you're in. i know a dude that had nothing to do w/ a drive by shooting(im in socal and most of my friends are cholos) and he did 2 yrs for attempted murder and wasnt even there(he knew who did it, and kept his mouth shut). moral to my story-F**K that sucks. give em a fake ass web addy to pretend u are cooperating and see how far they go with this. like said before..sounds kinda fishy they are giving u a "bargain" w/out being charged. it just doesnt work like that..usually bargains are given by a jugde in court. u are def in a rock/hard place...keep us posted. tell em to google..GOF**KYOURSELF.COM.ORG.GOV (wish it was that easy for you)..keep us posted man. GOOD LUCK-FOR REAL
Banned
bump for updates?
what happened bro? you in jail ?(if you dont reply i guess so)
Senior Member
Honor is everything, Rat no one..
If need be,pass off the blame to a scammer!
Associate Member
Im still here. I got a call from the cop a couple days ago on my cell. Im like dude im at work call me later. He hasnt got back to me. Like i stated before. It was in a locked center console of my Wrangler. He used my key to open it. I still havent been charged yet. Been about 3 weeks now since then. Wish I could trade my Prop for my E back. Im surprised its taken this long for them to even call me in and want to talk.
Dulce bellum inexpertis
Do not ask any questions about it. Let them draw it out as long as possible. You have a right to a quick and speedy trial. The fact that they have already confiscated the CDS but have yet to even bring charges makes me seriously wonder where that gear is going, my guess is NOT to the evidence locker.
Associate Member
they dont need a warrant to search his car...
Anabolic Member
Yes they do, w/o the alerting of a K9 unit, visible contraband (from where the cop is standing, or an outstanding warrant, cops CANNOT search anything outside of arms reach in a car without consent.
Associate Member
he had a warrant out for his arrest thats all they need
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