LEGAL QUESTION

[tatteredxangelx]

Hey guys, I got a question for any lawyers in here


The other night my buddy got pulled over for a broken headlight ... They searched his car, and his trunk and found 25 grams of coke and a scale. My question is, they're alleged "probable cause" to search the car was that they smelled alchohol on his breath. Seems rational, but they never gave him a sobriety test or a breathalizer or even a piss test. They asked him if they could search his car and he sternly said "no," but they proceeded anyway. He wasn't charged with a DUI only with the coke they found. Anyways this seems like an illegal search to me, is it?

 

[shoestring]

If he did not consent to the search it is not legal imo. If they first arrested him & then searched the car that is one thing, but they just can't search his car like that.

 

[nosmas]

You need a new group of buddies.

 

[GoneForever]

They were not allowed to search the car and especially since they never gave him an alcohol test. Have him get a good lawyer asap, all charges should be dropped and have him file a suit against the department for unlawful search, invasion of privacy,etc... throw the fuking book at those pigs.

 

[healthfreak79]

Hey guys, I got a question for any lawyers in here


The other night my buddy got pulled over for a broken headlight ... They searched his car, and his trunk and found 25 grams of coke and a scale. My question is, they're alleged "probable cause" to search the car was that they smelled alchohol on his breath. Seems rational, but they never gave him a sobriety test or a breathalizer or even a piss test. They asked him if they could search his car and he sternly said "no," but they proceeded anyway. He wasn't charged with a DUI only with the coke they found. Anyways this seems like an illegal search to me, is it?

I did a job for a cop a few weeks ago and we got to talking, i asked him something along these lines. He said even if you gave permission to search the car then changed your mind and asked them to stop, by saying something like id like you to stop searching my car they have to stop. What they did to your buddy was wrong and even if his lawyer gets the charges droped hes still going to have to pay the lawyer. Id turn around and sue them.

 

[Hazuya]

It's been my experience they can do whatever they choose.

If the cop had probable cause to search the car and came across the coke then I would say he busted.

Usually illegal search and seizure comes from cops searching for one thing specifically and coming across another.

They were just fishing and hit paydirt.

Hopefully that was 1 25g package and not 25 1gm packages.

 

[HawaiiMuscle]

25g damn!!! Was he charged with trafficing?

Anyways Shoestring right, they need an arrest, concent to search, something in "plain view," or a k-9 indicating drugs inside vehicle to search your vehicle.

I wonder if your bro's telling the whole story. Either way, he's gonna need a good attorney.

 

[Armageddon]

Not were I live, there is no such thing as probable cause anymore. You guys might really want to check into your states laws cause they do change and they generally don't give you a heads up.

 

[RV63T]

NO CONTRIBUTION

 

[Tyrone]

TatteredXangelX

A very similar thing happened to a bro of mine back in the day. The cops ended up pretty much lying just to prove they were in the right. From what I can tell your bro will need a lawyer and even then he may do jail time and even a half way house depending on all the circumstances not to mention priors or not. Hope this helps bro.

 

[GoneForever]

There is no state in the usa where a cop is allowed to search without probably cause or consent from the person, UNLESS the person is on probation,parol or an ex felon.

 

[TheGodfather]

YEA YOU NEED NEW FREINDS. BUT IVE BEEN TOLD AS SOON AS YOU SAY NO THEY HAVE PROBABLE CAUSE. THEY CLAIM ALL KINDS OF REASONS THEN CUZ THEY THINK YOUR HIDING SOMTHING. A COP FREIND TOLD ME TO ASK WHAT IS YOUR PROBABLE CAUSE INSTEAD OF SAYING NO. THEN CALL FOR STATE TROOPERS. AND EVEN CALL 911 AND ASK FOR THERE SARGENT TO COME OUT THERE TRYING TO PERFORM AN ILLIGAL SEARCH. BUT PROB TO LATE NOW THEY GOT HIS ASS.

Completely incorrect, assuming you are in the United States. You are covered under the Constitution against any illegal search and seizures. The right of the people, to be secure in their persons, from any unlawful search and seizure.

Declining a search does not constitute probable cause, and that would never stand in a court of law, much less I think you would find a cop stupid enough to try and use that as probable cause. In the same regard that refusing to answer questions and requesting a lawyer is not an admission of guilt. It doesn't matter how you "appear" to officers, you have certain rights, and they have to play by the book. They are not your friends, they are not there to help you, therefore you always refuse a search no matter what.

The basis for the argument in this case would be, that the alledged probable cause was for alcohol on the suspects breath. However, since no breathalizer or sobriety test was given, there is no evidence that this premise for the search was actually true. Therefore, any subsequent search of the vehicle would be fruit from the poisin tree and inadmissable in court. If you're friend verbalized his objection to a search, and this was recorded on the officers dash cam&microphone, my opinion is that he has a pretty good chance of beating this one.

 

[shoestring]

But 25gms is not cool. So your friend is a coke dealer? Why do you want to help him get off the hook for this ?

 

[tatteredxangelx]

B/c he is a friend, and using drugs is a personal choice ... A choice I do not make, but a choice that is the same as choosing to use steroids ... Thank you for everyoine who gave helpful responses

 

[RV63T]

NO CONTRIBUTION

 

[nosmas]

Just try and see the bigger picture...

This guy is not your buddy. If you had been with him it could have brought you into the mix. It is also safe to say the chances are very good if you continue to hang around with him or anyone else who is involved with drugs you will eventually be brought down right along with them.
Turning away from friends is hard. I understand you feel a need to be loyal to them but you are putting your own life in great danger by doing so.
I speak 100% from experience. I am not preaching to you from a pedestal but from one man to another.
Just a few days ago the wife and I went over to our friend’s house. His cousin is a friend I have known going back to pre-school. I love him like a brother and I always will but when he came over the house the wife and I left right away. I didn’t want to. I wanted to hang around and talk to him and be his friend. The fact of the matter is he is a user and therefore someone I CAN’T be involved with on any level. It hurt so bad to leave and openly shun him but my life is at stake and it is just the way it has to be. In fact, I have left behind everyone I ever knew. I have wiped the slate clean and never looked back. It has been the hardest thing I have ever done. I have to choose my "friends" very carefully. For months ProMuscle was my only social contact because I made the difficult but necessary choice to cut out the bad and keep the good even if it meant leaving EVERYONE else behind (and in my case it did). If you surround yourself with good people you become better for it yourself and if you surround yourself with bad people then… well you get the idea.
If you don’t agree with me now, I promise you a day will come when you understand. I just hope it is not a lesson you have to learn the hard way. If his rights were violated this time it’s a shame, but the day WILL come when his number is drawn and he takes a big fall. If you insist on being loyal to him and sticking by his side, he may just pull you down with him.

 

[RV63T]

NO CONTRIBUTION

 

[TheGodfather]

I agree with what was said about having to cut people out of your personal life in order to survive or be a better person. It may not be nice to have to label people, or think of yourself as better than another person, but that is unfortunately the society we live in.

I do not believe his friend should have his rights violated no matter what crime he may or may not be guilty of. I think of it just like the 1st amendment, I may not agree with what you have to say, but I will fight to the death to defend your right to say it.

With all that being said, I believe the recreational drug use should be a person choice, not criminalized by any means. Drug use is at the most, a medical problem. While I agree that some drugs do have deleterious social effects on society, I think they are often times over exaggerated. I am of the opinion that a person should be free to put whatever substance they wish into their body, so long as in doing so they are not effecting anyone elses rights or their safety in the process. We certainly disagree with anyone telling us what to put into our bodies, largely based on the fact that it has little social effects on other people. However, another justification is that it is not as bad for our health as the public is led to believe. I disagree with this as a means for justification, I believe a person should be free to put whatever they want into their bodies REGARDLESS of its safety, so long as they are well educated and informed on their decision beforehand.

 

[nosmas]

I agree with what was said about having to cut people out of your personal life in order to survive or be a better person. It may not be nice to have to label people, or think of yourself as better than another person, but that is unfortunately the society we live in.

I do not believe his friend should have his rights violated no matter what crime he may or may not be guilty of. I think of it just like the 1st amendment, I may not agree with what you have to say, but I will fight to the death to defend your right to say it.

With all that being said, I believe the recreational drug use should be a person choice, not criminalized by any means. Drug use is at the most, a medical problem. While I agree that some drugs do have deleterious social effects on society, I think they are often times over exaggerated. I am of the opinion that a person should be free to put whatever substance they wish into their body, so long as in doing so they are not effecting anyone elses rights or their safety in the process. We certainly disagree with anyone telling us what to put into our bodies, largely based on the fact that it has little social effects on other people. However, another justification is that it is not as bad for our health as the public is led to believe. I disagree with this as a means for justification, I believe a person should be free to put whatever they want into their bodies REGARDLESS of its safety, so long as they are well educated and informed on their decision beforehand.

I disagree. In the real world drug use affects other people. In fact it affects ALL of us in some way. That’s the way it is. I agree with your view about rights and how upside down the system is regarding these types of violations. “At most a medical problem” No, it’s a far bigger situation than that. It is not “exaggerated” by any means. I think your out of touch in regards to your feelings on drugs.
Also, I dont think of myself as being "better" than anyone who I have choosen to cut out of my life. That would make me a complete hypocrite. In most cases I am far worse than any of them.

 

[TheGodfather]

I disagree. In the real world drug use affects other people. In fact it affects ALL of us in some way. That’s the way it is. I agree with your view about rights and how upside down the system is regarding these types of violations. “At most a medical problem” No, it’s a far bigger situation than that. It is not “exaggerated” by any means. I think your out of touch in regards to your feelings on drugs.
Also, I dont think of myself as being "better" than anyone who I have choosen to cut out of my life. That would make me a complete hypocrite. In most cases I am far worse than any of them.

I dont believe that I'm out of touch...Are you of the opinion that you should be able to tell someone else what to do or what to put into their bodies? Cigarettes and Alcohol have a more deleterious effect on society than most recreational drugs do. The fact that half of the drugs are illegal is what actually fosters most drug related crimes to be committed. If they were legal and readily available then the price would go down and people would not have to commit crimes to support their habits.

Believe me, I'm not speaking without experience of my own. I was involved in an intimate relationship with an addict for many many many years, and it turned her into a terrible person, that she definately wasn't. But to be honest, she made the concious decision to take the drugs in the first place, so her subsequent actions were a result of that. I still respect her right to make that decision and to live her life in a manner I dont nessecarily agree with.