Arrest, Search, Seizure, Warrant Probable Cause???

[dezulle]

This is what happened to me the other day.

I was driving through a small town looking for a store. In my head I was thinking to myself don't go over the speed limit it's a small town. I'm almost 99% sure that I did not go over the speed limit. The cop was driving east and I was driving West. All of a sudden he whipped his car around and started following me. A couple miles down the road he flashes his lights on. I'm high on Marijuana when he pulls me over. He asks did you know that you were going 52 back there? I said No. He asked for license, registration, and insurance. I just bought my car so I didn't have registration or insurance. I let him know that and then he went to the back. When he came back he said he's only going to let me off with a warning, but then he asked me to step out of the vehicle. I did and then he said because I have no insurance is it ok for them to search my car. I said OK. then he asked if I had any guns or weapons. I said no. I had an ounce and a half of marijuana bagged in two seperate bags in my glove compartment. He pulled them out asked who's they were I told him mine. He told me that he wasn't going to tow my car or anything. He was just going to give me a ticket. On my ticket it says UP marijuana and that's it. It does not give any reason as to why I was pulled over or how much I had. I don't believe there was any reason to pull me over.

I wanted to know if you think this case would get dismissed.

He could have given me a ticket for driving uninsured, speeding, he could have towed my car, intent to sell, I could have went to jail. I also had my baby with me and nothing happened!!!

Do you believe it was right? And what if the police officer charges me with less marijauna, do I say anything?

 

[mafioso]

The officer seems to have charged you only with possession because you cooperated fully, had a reasonable explanation and had a baby with you. Once you have neither insurance nor registration(depending on last reg), he had the right to search the car for inventory before towing it……. So, by not towing your car at his discretion, he was being nice. As to why he pulled you over, he might have used his speed gun or camera sensor which gives approximate speeds. He might have even used visual or other police techniques…….You would know if the case goes further. Probable cause to pull you over can be a number of observations not just speed limits. And once you don't have Reg/insurance it gives him more rights. You mention you were impaired, maybe you speed might have been higher that you thought. As to the amount reported in his report, that is his duty to use police methods to determine. There could be a discrepancy due to methods……….does not matter much unless really large. A lawyer in your region could best advice you........If you are lucky you could get away with it depending on the police report.

 

[calalily]

I do not think this case will be dismissed, he had the right as described by mafioso. Get a lawyer who may be able to plead down to a lesser charge.