Is there something wrong with this

[Joe83]

Jurisdiction

California

I feel asleep at a gas station following a long day at work and long drive home but I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California

 

[justblue]

I feel asleep at a gas station following a long day at work and long drive home but I was awoken by a police officer opening my car door pulling me out of my car then handcuffing me and putting me in the back of his car I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe i just got the car and I'm assuming something to previous owner had left in it. I was arrested and taken to jail just to be cite released but my car was impounded the question is we're my rights violated did the police officer follow proper procedures the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded if not what can I do my case was in San Bernardino County California

You fell asleep? Where?...at one of the pumps or in a parking spot? Do you have a criminal history? Was the car properly tagged/registered? What were you cited for?

 

[Joe83]

You fell asleep? Where?...at one of the pumps or in a parking spot? Do you have a criminal history? Was the car properly tagged/registered? What were you cited for?

I feel asleep in a parking spot with car off the car was just purchased with dealer plates on it but registered i was charged with HS11377(A) possesion controlled substance i do have old misdemeanors on my record for theft but no drug charges the police officer did not even run my name or ask any questions before i was hand cuffed and detained

 

[Joe83]

I feel asleep in a parking spot with car off the car was just purchased with dealer plates on it but registered i was charged with HS11377(A) possesion controlled substance i do have old misdemeanors on my record for theft but no drug charges the police officer did not even run my name or ask any questions before i was hand cuffed and detained

I was not on probation or parole either

 

[Disabled Vet]

Go today.... Take a drug test which you will have to pay for. This will show you didn't have any drugs in your system.

 

[Joe83]

Go today.... Take a drug test which you will have to pay for. This will show you didn't have any drugs in your system.

I was not arrested for being under the influence of drugs

 

[Disabled Vet]

I was not arrested for being under the influence of drugs

Ok.... But if you show that you don't do drugs will help your case that said stuff wasn't yours. I mean it can't be yours if you don't use drugs right??

 

[Zigner]

Ok.... But if you show that you don't do drugs will help your case that said stuff wasn't yours. I mean it can't be yours if you don't use drugs right??

This is so far off base. Of COURSE one can possess without using. The OP needs a lawyer.

 

[Zigner]

Think about this: You were totally non-responsive until the officer actually opened the vehicle, and then I suspect you then struggled with the officer. He opened the vehicle to check on your welfare, then he detained you because you were combative. You REALLY need an attorney, and you REALLY need to stop talking about this to anyone but your attorney.

 

[mightymoose]

I feel asleep at a gas station following a long day at work and long drive home

Nothing wrong so far.

but I was awoken by a police officer opening my car door pulling me out of my car

Nothing wrong here either. I bet he tried to get your attention before opening the car to see if you were even alive. NOBODY is going to believe he just walked up and pulled you out for no reason.

then handcuffing me and putting me in the back of his car

Did anything happen between removing you from your car and putting you in his? A sobriety test maybe? A sobriety test may not have been necessary if you were showing obvious signs of intoxication or being under the influence. It appears at this point the officer already decided to arrest you.

I was not on Parole or probation he then search my vehicle and found a small amount of methamphetamine and a broken glass pipe

If the officer had already placed you under arrest he likely had all he needed to justify his actions with your vehicle. No warrant needed, and parole/probation not necessary.

i just got the car and I'm assuming something to previous owner had left in it.

Nobody on planet Earth will believe that. Tweakers don't lose their dope. Regardless, it was in the vehicle, likely in a location under your immediate control, and you will have to convince 12 of your peers you had no idea it was there.

I was arrested and taken to jail just to be cite released

That is very common these days for non violent offenses.

but my car was impounded

There is a difference between being towed and impounded. If the officer wants to obtain a warrant and search the vehicle further he may impound it. It also could be impounded based on licensee/registeration issues. What is most important to the officer is that he did on fact have the vehicle towed because it was his inventory of the contents of your vehicle prior to the tow that led to the discovery of the dope. There is a notable difference here- the officer did not "search" your vehicle but inventoried the contents of it before towing. Some officers screw up and "inventory" then neglect to tow the vehicle to avoid the hassle and waiting. This could lead to losing evidence. This is also true if they tow the vehicle and do not actually list inventory items.
Anyway... Still all seems legit.

the question is we're my rights violated did the police officer follow proper procedures

It is possible, but nothing you have provided here indicates anything improper was done. This is routine daily business.

the main thing was my car was impounded and I do not have the money to get it out should my car has been impounded

The the company or the police can tell you why the vehicle was impounded. The office has to give an "authority code" on the paperwork. My guess is that it was impounded because drugs were found in the vehicle, and where there are drugs there may reasonably be more drugs. An impound gives them time to check.

If it is not an actual impound and just a regular tow then you can recover the car at any time so long as you pay and produce the required documents. The longer it takes you to get the money the more it will cost since storage fees continue to accrue.

what can I do

Borrow the money, get a loan.... If you don't pay you won't get the car back. A small loan should not be too hard to obtain if you are employed. You can pay it pack month by month.

 

[mightymoose]

the police officer did not even run my name or ask any questions before i was hand cuffed and detained

This makes me think the drugs/pipe were in plain view. It sounds like he decided very quickly that you would be arrested. He may even have seen it before he opened the car to get you out. It does not matter when he got around to checking your name.
If you just got the car from a dealer that makes it seem even less likely the drugs were left by the previous owner. Dealerships usually make a decent effort to clean cars up for resale.

 

[mightymoose]

Go today.... Take a drug test which you will have to pay for. This will show you didn't have any drugs in your system.

This won't matter. He was arrested for possession, not for being under the influence.

 

[mightymoose]

Ok.... But if you show that you don't do drugs will help your case that said stuff wasn't yours. I mean it can't be yours if you don't use drugs right??

It won't help. A test could backfire and reveal something he doesn't want revealed.

 

[mightymoose]

I will try to help you a little.... do you know exactly where the officer located the drugs and pipe?

No need to answer. Just know that the farther away it was from you, especially if concealed in some part of the car (assuming you really did JUST get this car, not 3 weeks ago), the more you may be able to negotiate some of the damage away.

That you were not arrested for being under the influence makes me wonder just a bit what justification the officer had to get into your car after removing you. I suspect the drugs were in plain view, in which case you are stuck with this.

 

[zddoodah]

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

we're my rights violated

Whether it was legal for the officer to take you into custody and search your car isn't apparent from your post. The legality depends on whether the officer had probable cause. That said, it appears you were trespassing on the gas station property (since I'm not aware of any gas stations that allow motorists to sleep in their cars).

did the police officer follow proper procedures

We have no idea what procedures were followed or what department the officer worked for such that we could know what "proper procedures" might have been.

I strongly suggest you consult with a local criminal defense attorney.

 

[flyingron]

Ok.... But if you show that you don't do drugs will help your case that said stuff wasn't yours. I mean it can't be yours if you don't use drugs right??

Immaterial. Use or ownership is NOT an issue in possession charges.

Forget about what DV says, go get an attorney right NOW. This is a felony and even misdemeanor drug charges are not to be messed with.

 

[cbg]

This post is from six months ago.

 

[justblue]

Bottom line from what I can tell, is you caused suspicion by being passed out in your car in public. Somebody probably called the cop saying your were "suspicious". "Tweekers" lose their dope all the time, or it falls out of their pockets. Tweekers rarely can tell you what day it is. I too find it hard to believe that the cop did not ask or say anything but dragged you out and cuffed you. You had to be really zonked out, but he WILL say he tried to talk and you wouldn't respond. That will be one you probably can't fight. Cops do not need any reason to search your car, but they do have to ask if it's ok. Without doing a drug test on you, they can't prove the dope or pipe is yours. Unless it was hidden from your reach and your sight, looks like you knew it was there. You should have INSISTED they do drug testing. You didn't, that looks bad. The whole scene looks bad on you, and no doubt the cop will say he did it by the book, and the fact that you didn't demand the test immediately isn't good. YOU NEED A LAWYER no doubt about it.

Please check the date on a thread before posting. This thread is from July and the original poster hasn't been back in 6 months.