PiG LEgAl?

Hey hey while on the way for a deal, my friend and I get pulled over. I stash the under the seat and play it cool. The pig takes me out of the car and has me sit on the curb while 2 cops ask me for my info. Apperently, I got pulled over for not wearing my seatbelt, though it was CLEARLY strapped on.
Anyway, While they ask away, a K-9 unit pops up 'bout 8 seconds later and pull the dog out. So I like "Hey whoa man why is there a dog here? I don't like dogs." and he says 'the dog was around and is need of some training'.
Fuckin pig.
I tell him," no, man, no. We have nothing on us." While I am saying this, 4 cops are basically tearing the whole fuckin car apart, along with the fuckin dog. About TWENTY MINUTES later, they finally find my UNDER THE SEAT. I mean seriously,if I were a pig thats the first place I'd look.
So they find it, and your humble narrator is punished. They even take my cell phone for evidence and search my texts and pictures.
But tell me, is this right? They can't do that.

I got out of the seat belt charge, however.

where are you from?

I would think that was illegal search and seizure. Just my opinion.

if the original reason for pulling you over was dropped a good lawyer will say that they had no reason to searh you, and get the whole charge dropped on an illegal search and seizure. all you will be out is a lawyer fee and a bag of grass but no charges

bgmike8 said:

well if the stop was legal then yes they can do that. you would need to motion in court to get your phone back because i believe that is extreme. if the stop was illegal however, then you need to motion to suppress evidence. this would make all their evidence no good if the stop was done without probable cause. sounds like you are a bit on the slow side so i would recommend a lawyer.

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DUDE WTF??? y would you say he needs a lawyer because he is on the slow side? he shold have a lawyer because its a serious reason to be in court and he dosnt want to fuck his life up. its uncalled for to say he is slow and needs a lawyer to hold his hand. i dont think theres any evidence pointing to his level of intelegence and i think that was a little out of line

im sorry, i usually do this kind of work on my own without a lawyer. i was referring to his lack of detail and overall bullshit style of writing. i guess i was out of line. i have been a prick lately. but i did explain it right down to the bottom line didnt i?

ya i agreed with every thing you said until you said that. and i snapped a little too, im just not down with people ridiculing people they dont even know because it happend to me in my firs week at RIU

KaleoXxX said:

ya i agreed with every thing you said until you said that. and i snapped a little too, im just not down with people ridiculing people they dont even know because it happend to me in my firs week at RIU

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It seems to me that taking the phone was done to hopefully provide some legal evidence that you did indeed purchase the weed, in case you tried to claim it wasn't yours or disclaim responsibility. If they said they were needing to give the dog some training, and you actually had your seatbelt on, that can be proven in law that you were wrongfully pulled over, and furthermore since you said you did not consent to the dog getting it's "training" in your vehicle, and more importantly on YOUR time. You have a strong argument that the search WAS illegal, and get the whole thing thrown out, and then while you're at it sue the police department for wrongful prosecution, and at least try to get your legal fees back.

If I was your lawyer your case probally wouldn't even get to trial, or be put on your record. But I'm not your lawyer, nor am I one, I just like to research about law, loopholes are fun.

Edit: Not to mention, whoever heard of being pulled out of their car for not wearing their seatbelt? I think any lawyer worth their salt will be able to get you off scott free.

I'm from SLC UTAH. the pigs here are pretty fucked up. They will pull you over for any reason they can find. I'm not fuckin slow, why would I post bullshit on a legal story that I need help with.

3 years of smokin' and handling this shit (hell, i'm only 17) and this is only my first time being busted so i am trippin' out man.

The problem with fighting back is they will want to get on my ass for distribution

Sounds like a staged bust to me.. What are the chances they already got other evidence on ya? Slow, Fast it don't matter, you might think hard about getting the best defence you can afford. Unless spending ANY time in jail isn't a really bad thought for you. The penalty for sale or delivery of marijuana is up to five years in prison and a fine up to $5,000. Sale in the presence of a minor or sale within 1,000 feet of a school, public park, amusement park, recreation center, church, synagogue, shopping mall, sports facility, theater or public parking lot increases the level of the offense to the next highest degree. SLC I would imagine isn't too "kind" when it comes to the herb. Get legal help, something is a whole lot better than nothing. Stay straight, and take your medicine if you have to, live and learn. Wish you the best man. I am not sure how only being 17 works into it for your state, but either way I wouldn't just blow it off.

aww dude i hope its your birthday today, get rid of that part in parenthesis, i dont wanna see you get banned because of a stupid slip

where I used to live the cops pull you over for walking down the street, and search you every time, regardless of whether its legal or not. They usually didn't t trip on weed though, they were looking for tweakers.

how much dope are we talking about. what is your charge? is it felony? what exactly happened to your seatbelt ticket? sorry i called you slow. dude

If they didn't give you a citation for the violation they supposedly pulled you over for, then the search and subsequent seizure are illegal and won't hold up in court (as long as you get a decent lawyer).

They had no right to search you. In fact, since they weren't issuing a ticket for the seatbelt violation, you should have been free to leave before the dog even arrived so in essence you were also unlawfully detained.

Get a really good lawyer and when the case is dismissed, sue the police department for your attorney's fees.

you should be able to get fees and costs from the trial judge. then sue the pd for false arrest detainment malicios pros. etc.