Alcohol & Drugs: MIP, MIC, Intoxication Open Container

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mriitimes

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Ok this is my first time posting, I hope I do it right. One night, my friends and I were cruising in my car and stopped at a local McDonald's. About 20 guys show up and say they are waiting for some more guys for a big rumble. They stayed for about 30 min then left. We stayed for an additional 10 min and then decided to leave. We drove past, what I later found out to be the area where the fight had broken out, and was stopped by the police. Having had run ins with the police, I knew I was gonna be searched no matter what. The first cop told me to turn my engine off and step out of my car, which I did. My friends where also told to get out of my car, and they proceeded to do so. Apperently, they got a report that a white vehicle was part of the fight scene and was in possession of a bat that was used during the fight. They searched my car and found about two seeds and one and a half stems of marijuana, and also two open containers of alchohol. They charged us all with possession of marijuana, and charged me with having open containers. I told them the weed wasn't mine, which it wasn't, but owned up to the alchohol being the only one of us that was 21. I went to the court house on the date of the summons, only to find that I did not have court. But I just received a letter stating that I have a hearing coming up on those charges. What do I do? Comments? Suggentions? All are welcome
 
Ok this is my first time posting, I hope I do it right. One night, my friends and I were cruising in my car and stopped at a local McDonald's. About 20 guys show up and say they are waiting for some more guys for a big rumble. They stayed for about 30 min then left. We stayed for an additional 10 min and then decided to leave. We drove past, what I later found out to be the area where the fight had broken out, and was stopped by the police. Having had run ins with the police, I knew I was gonna be searched no matter what. The first cop told me to turn my engine off and step out of my car, which I did. My friends where also told to get out of my car, and they proceeded to do so. Apperently, they got a report that a white vehicle was part of the fight scene and was in possession of a bat that was used during the fight. They searched my car and found about two seeds and one and a half stems of marijuana, and also two open containers of alchohol. They charged us all with possession of marijuana, and charged me with having open containers. I told them the weed wasn't mine, which it wasn't, but owned up to the alchohol being the only one of us that was 21. I went to the court house on the date of the summons, only to find that I did not have court. But I just received a letter stating that I have a hearing coming up on those charges. What do I do? Comments? Suggentions? All are welcome
Sorry to hear about the situation. Did you consent to the search? Can you give us ore details about the events? Regarding your court date, did you speak to anyone at court after you showed up -- what happened?
 
When I got out of my car, the cop searched me, without asking, and repeatedly ask "where is the bat?". They searched my car without asking, as they usually do. Whenever they ask me, I never consent, but that never stops them. And when I protest, they put me in cuffs and shove me in the back of the squadcar.
 
Forget about "whenever", what happened at this scene? Did you consent? O,r when they asked to search did you tell them they could not? Did you verbally object to the search?

If the officers can articulate good cause for the search, then the results may be found admissable. Are you or any of your pals on probation or parole? If so, that could be sufficient to justify a search. Did you have proper ID and vehicle paperwork? Not having those can also justify a search.

If you are getting stopped by the cops a lot, maybe this ought to tell you about your lifestyle or the company you keep.

Speak to your attorney about the search. He can look at the report and see if the articulated cause for the search is worth challenging.

- Carl
 
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