Drug Crimes, Substance Abuse possesion of meth charge. stopped for nno reason

[perrinotp]

I was riding my bike at 11:30am on a residential street when a cop turned the corner and immediately stopped me and detained me. He did not find the dope on me but in the gutter around where he stopped me. When asked why he stopped me he said I was riding on the wrong side of the street. I was riding on the right side of the street. Than he said ill say I'll say you littered........my question is will a motion to suppress evidence on grounds he had no right to stop me to find anything hold up. Or will I be subject to the political games that are played in the court rooms across America

 

[mightymoose]

The success of your motion depends greatly on how well your argument is made. You will likely fail without legal counsel. Your attorney should address this easily.

 

[perrinotp]

I Even have a witness. You is credible with no criminal background who is willing to testify that I was indeed on the right side of the street. But my "alternate" public pretender says even with a witness it won't matter. I'm not going to get the motion granted. So I should just take a deal. And also of some political bullshit. She says that if the judge grants it the D.A Will get upset and "write" the judge up and other D.as will not pick that judge for future cases which eventually means the judge will not have a job. And she also told me if I had a problem I. With that I need to go to Sacramento and talk to the legislatures there to change the laws I feel this is unfair and the judicial system is out of control. If O.j can get away with murder ...than shit I can be found not guilty as well...right?

 

[CdwJava]

Possession of meth is, essentially, a non-crime in CA since you have the opportunity for diversion through Prop 36, Drug Court, or PC 1000 anyway. Unless they are charging you for transportation, it's not that big a crime ... unless, of course, you want to keep using. If you want to keep using, then testing and probation would be a problem.

The state would have to show beyond a reasonable doubt that the dope found near you was yours. if the officer observed you throw it down, you're toast. If he didn't, then you may stand a chance. The odds of dope being so near to you is slim, but, a good attorney can still argue for reasonable doubt.

As for the bike, if you can successfully argue that there was ZERO reasonable suspicion for a detention, everything can go away. However, if the officer had observed you at any time on the wrong side of the street, make some other violation of the law, or articulate reasonable suspicion for the detention. then the stop is in. It is not hard to justify stopping a bicyclist. Your attorney might want to read the officer's report before he makes any decisions as to whether a suppression motion stands a chance.