what if your in a car?

what if your in a car and a statie pulls you over for some bullshit reason, and he asks to search your car, you say no(ofcourse) but he searches it anyway......and finds a dime bag and a quarter in the trunk. now the drivers not drunk but the passengers are shit faced. the report said we had been their for 3 hours when we had just pulled in, but my main question is, his "reasonable cause" for searching was denying a search, is this leagal? im been searching but im still clueless?

Your best bet is to lawyer up. Believe me it will save you alot of trouble.

The cop will come up with some bullshite reason for searching the car and with the passengars being trashed, its easy to say he smelled dope or thought there were open containers etc...you are screwed. Spend the money and get a lawyer. It will save you in the long run.

Get a lawyer. Your refusal is definitely not probable cause.

Look on the norml website for a list of lawyers in your area who specialize in drugs cases.

I agree, get a lawyer. Not consenting to a search is NOT probable cause. I got fucked in a similar situation because I had no lawyer.

Ok this is what you do! Go to your court date without representation then plead guilty. See what you get charged with then if you want go back with a lawyer then you could plea not guilty to get a lesser charge. You can change your plea because you didn't have representation that's a violation of your rights.

If you don't know how to work the system then GET A LAWYER.

XkushXmanX420 said:

what if your in a car and a statie pulls you over for some bullshit reason, and he asks to search your car, you say no(ofcourse) but he searches it anyway......and finds a dime bag and a quarter in the trunk. now the drivers not drunk but the passengers are shit faced. the report said we had been their for 3 hours when we had just pulled in, but my main question is, his "reasonable cause" for searching was denying a search, is this leagal? im been searching but im still clueless?

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For future encounters, you should check out this video. It's an amazing guide to getting out of sticky situations with the cops, and denying illegal searches the smart way!

http://www.youtube.com/watch?v=yqMjMPlXzdA

As for your current situation, definitely consult a lawyer, he'll give you insights that we probably can't think of right now.

thanks to everyone, but i already got a shitload of community service and they trashed my car and everything, but the affidavit said that we had been parked their for 3 hours and were looking suspicious so they searched the car.

XkushXmanX420 said:

thanks to everyone, but i already got a shitload of community service and they trashed my car and everything, but the affidavit said that we had been parked their for 3 hours and were looking suspicious so they searched the car.

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I'm not a lawyer, but that doesn't sound like probable cause for a search. These are the exceptions to a search without consent:

• Plain View Rule This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.
• Searches Made in Connection with a Legal Arrest Police do not need a warrant to make a search "incident to an arrest." After a legal arrest, police can legally protect themselves by searching the person and the immediate surroundings for weapons that might be used to harm the officer. Consequently, whatever an officer finds during such a search can be used to convict the person.
• Exigent Circumstances A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."

None of those really apply though, especially if you didn't commit a parking violation. Were you parked illegally? Even if you were, you weren't under arrest for that crime, which should make any search performed for that reason inadmissible in court. If they pull the ‘Reasonable suspicion' card on you, it won't hold up in court if you have a halfway decent lawyer. Seriously man, consult a lawyer.

im so poor and recently i was robbed of my last 240 for an o that i was gonna sell for living off money so i cant afford shit right now.

Hand Banana said:

For future encounters, you should check out this video. It's an amazing guide to getting out of sticky situations with the cops, and denying illegal searches the smart way!

http://www.youtube.com/watch?v=yqMjMPlXzdA

As for your current situation, definitely consult a lawyer, he'll give you insights that we probably can't think of right now.

Click to expand...

thankyou this is what i was looking for, mostly what can i do in the future.

If it was in the trunk, a lawyer should be able to get you off.

I am not a legal expert of any kind, but I am relatively sure that if it was in the trunk, he is supposed to get a warrant to go in it. Probable cause is easy to make up, but even if he has probable cause, he is supposed to get a court order to go into your trunk or whatever, unless you had something in plain sight, if u had anything arrestable in plain site, ur probably foxed.