Arrest, Search, Seizure, Warrant Search and seizure following traffic stop

[susieo]

I was riding as a passenger in a car with two friends after dark . The local law in our small Texas town was sitting at the end of my street and followed us for about a mile then pulled us over. He stated the reason for the vehicle stop was our license plate light was exposed and too bright, he then noted the inspection sticker expired last month. He proceded to check the my friends drivers license and the carinsurance. He took a long time running her license and when he came back to the car said he was writing her a ticket for the inspection sticker and asked her to step out of the car so he could show her what was wrong with the light. Since this was actually my car but I was not driving I asked if I could get out and look as well, he said yes. As I was trying to secure the light bulb back up where it belonged a dept sheriff pulled up. At that time the officer said the reason I asked you to step out of the car (talking to my friend) was because I smell marijuana in your car. ( this was the first time he mentioned the smell) I then went back to my seat in the car and he followed me over to the car and asked for permission to search it. I told him no. He then said get out of the car I have probable cause to search because your car smells like marijuana. I asked the sheriff if he smelled marijuana and he said "just get out of the car" He then asked my other friend in the back seat to get out and began searching. No interior light is working in my car and we were not allowed to see what he was doing. Nor did anyone else present observe the officer while searching the car. (The sheriff, and some guy in the front seat of the police car who had no uniform or badge and never would identify himself to us were unable to see what he was doing in the car.) The local law officer came out of the car and said you are under arrest and began hand cuffing me. I said what for and he said you know what I found in your purse, I said no I don't, he said "the pipe". After cuffing me he said is this your purse and produced the purse form the car my friend who was driving identified it as her purse and he then handcuffed her also. He continued to run from his car to our car frantically shaking some sort of container with a solution to check for "meth" I later found out. I asked what he was doing as it was dark in my car the sheriff ignored me and did not watch the officer searching my car. He then began going through my friends purse on the hood of the police car and pulled out a glass pipe and some insulin syringes . He finally pulled my purse out of the car and searched it. He produced a small bag with what appeared to have a small amt of something he apparently tested it but never said what it was. He then searched the rest of the car and my other friends purse and found nothing else. ( no marijuana or objects used in the smoking of marijuana were found, the original cause for searching.) The driver and myself were then advised of our rights and put in the police car for possession of meth. What do I do now. The judge the next morning reduced my bond from 5000 to 3000 because I explained I had never been in trouble with the law and I didn't do anything. He read the police report and said the pipe, syringes and meth were found in my friends purse not mine. He said get a lawyer I think you can beat this. I am now out on bond. My friend admits to the pipe and syringes in her purse, but denied any meth possession. I know I had nothing in my purse and am so scared of what might happen now. I cannot afford a lawyer but am worried the public defender may not help me with the civil rights issue I think I may have. Can you offer some advice as to what I should do now.
Thanks

 

[mafioso]

Sorry there is not much I can offer but to say………..get a lawyer fast. I also think you have a good short of beating the charge given it was not found in your wallet. The DA might want you to admit it is your friends own then dismiss the charge. Some bad cops charge many people so that some will testify against the other. However, I don't know all the details in the report but can say you would be okay. Borrow money if you have to and get a private attorney if you can. There some good PD out there but too few. Private attorneys are more aggressive………Just don't talk with anyone about the details except your lawyer.

 

[ananas238]

The traffic stop was legit. The probable cause for searching your car was legit. None of your rights were violated. Police have a VERY wide berth in investigating traffic stops. I completely understand what they did was tricky, offensive and dishonest. This is their bread and butter. From my experience of traffic stops, your incident is about a 3 out of 10 on a scale of 1 to 10 - 10 being you have a lawsuit against the police.

You must not have been very assertive - it sounds like the police walked all over you. However, suppose you were smarter and more prepared for this stop, here's how else the cops would have screwed you over - bringing your situation more to an 8 of 10.

1. You deny right to search. They call canine unit. Run it around the outside of your car. Tell you the dog smelled drugs, everyone out the vehicle - they search. They win.

2. Your driver stepped outside the vehicle to examine the license plate light. Upon exiting the vehicle she locks the doors, windows are rolled up, and locks the keys in the car (with the other passengers). Same thing, cops call for a canine, run the dog and piggy show around the outside of the car, they say dog smells drugs, step out the car (or they force you all out), they search - they win.

By now, I think you realize if a cop wants to search a vehicle during a traffic stop - there's nothing you can really do to stop him.

Here's a story that ranks about a 9 of 10. This happened 1 month ago to a probationer, and he's still in jail awaiting trial for new charges and/or revocation hearing.

I know a man that backed in to his own driveway at his own property. When he parked the car, police stopped on the road outside his driveway and approached his parked vehicle. Police told him he had a license plate light out and he was obstructing a public roadway - also they said the man was being suspicious. He calmly disagreed with the officer, saying both license plate lights work, he was never blocking a roadway at any time during his route home and he wasn't being suspicious (parking his car and shutting off the lights is normal at your own property). The officer said he was "being combative" and placed him in cuffs. Luckily, the man had locked his car keys in his vehicle prior to being placed in cuffs. This didn't help. The police called the canine unit, claimed a hit, broke into the car with a slim-jim and a crowbar, searched, found less than 1g marijuana (stem on the ground I think), some rolling papers and confiscated $5000.00 in us currency. He bonded out the next day from jail, however probation came and RE-ARRESTED him two weeks later. He's been in jail about 3 weeks now awaiting revocation hearing. I rank his a 9 or 10 on the scale. He may get the case thrown out, and placed back on probation - but I doubt he has a suit.