Posted on 03/27/2006 11:32:48 AM PST by sit-rep
Many of thread, and many of discussion, have been centered on Cops, and the likes and dis-likes there of. Whether they be Constitutional issues or just plain abuse, to the cop being the victim in any givin situation. Well, I just got out of jail on bond this early afternoon, and I am reluctantly posting this thread looking for any legal advice some upper level legal genious may offer...
Yersterday, Sunday, I was on my way home from layin' about 90 yards of carpeting in a home down in the Motor. I looked in my review and a cop was on my rear, and as I noticed him, he turned on his disco lights to pull me over...I was doing 5 miles over the limit on a four lane. He asked for my DL and other papers, and I got on the phone to call the wife to ask her where her registration was. Cop told me to get out of the vehicle and hang up the phone. I asked him why he pulled me over, and he came up with the famous..."I saw you move in your vehicle suspisciously and thought you were trying to hide something"...anybody ever see what a back window of a 99 Durango looks like? You can't see in it very well...
Anyway, he put me in the back of the patrol car, and asked if I have nothing to hide, do I mind if he looks over my vehicle. I told him to "knock yourself out"..."You may even find a baggie of gummy bears under the seat"... again, it's the wife's car(kids and all have broke it in good) So, super cop and his partner commenced to tearing that truck APART!
Few minutes later, they came back and he instructed me to turn so he could apply the cuffs. I asked him why. He informed me that the mace my wife had in her glove box was a 5 year felony, and I am under arrest.
The mace, my wife's father gave her 22 years ago to put in her glove box of her first car..."just incase you need it..." I dated my wife for a year and a half, and we broke up for a few years, and when we got back together, she still carried the mace in her glove box...to the day, married for 13 years, three vehicles since our marriage, that mace has been in her cars, and we thought nothing of it.
The legal limit here in MI is 35 grams. This container she has is 105 grams. Arraignment this morining, thru closed circuit TV, the judge informed me of my rights, followed by the punishment of 5 years and a $25,000 fine...
The detective talked to the wife this AM to verify my story. He informed her of the law. She asked "when" was this law passed concerning the "amount" legally held by a Civilian. The Detective said "several years ago". My wife continued with "How much is several?...I have held that for over 22 years...I never seen any literature telling the population of legal quantities...etc etc etc. The detective was rather speechless and kinda shrugged according the the wife.
So, by next Tuesday, I need a little blessing from above, or I'm going to jail for up to five years...I'm sure some here would not care, but if any others may know of some legal angle I could use in my defense, I truly would be appreciative in your input.
Proper answer to a request to search your car:
"I believe in cooperating with the police but this is a new situation for me, I'm like to check with a lawyer first before you search the car."
Get a lawyer.
What do you all think of this one??
Just Damn!
Good luck, I hope you beat this BS.
I didn't notice this was you personally when I first responded....OMG I am so sorry to hear this happened to you. Good luck.
Got one...he scratched his head and basically siad WTF??
The easiest way to beat this is to beat the original stop. If there's no probable cause for the original stop, then the search and everything they found is "fruit of the poisonous tree".
Too bad you consented. So you can't quash the search. This is why I tell my kids "don't ever give them permission to search."
Other than that -- hire a good criminal lawyer. Best way to find one is to ask someone who works in the courthouse who is not actually a defense attorney himself, like a civil lawyer, a court reporter, a bailiff.
'preciate it... It's like totally unbelievable...
Get the best lawyer you can afford. That and my prayers are the only things I can offer.
Ding, ding, ding! We have a winner!
I did a quick search and find that Mace does have a limited "Shelf Life" and since this mace in your glove box is 22 years old I bet it is inert.
http://www.google.com/search?hl=en&lr=&rls=GGLD%2CGGLD%3A2004-11%2CGGLD%3Aen&q=%22shelf+life%22+mace
Hire a lawyer, quickly.
Hire another one, that one's no good.
Whose name is on the title? If it's your wife's, that should help.
Unless you already confessed to the cop.
Then, you really, really, really need another lawyer.
OK. Don't talk with the police any more without your lawyer present. I wish I could advise you better, but I do wish you well. Likely an assoc D.A. will recognize this is a waste of time and let you pay a fine.
Oooooo, good one. Excellent.
So, he needs to have the contents tested.
Or maybe, see if the cops get it tested first, and then move to dismiss if they don't.
I wonder what he would need to do in order to preserve the contents for an independent test?
last time i knew, permission to search the vehicle is not permission to search the glove box without specific consent or a warrant.
Good lord!
I don't know what to say.
what happenned to me-
police: Mind if we search your vehicle?
me: get a warrant and you can search anything you like.
police: I'm going to give you a written warning for not having lights on...
me: I'm parked. don't need lights on when parked.
police (looking around): did anybody see this guy driving withought lights?..OK, you can go your way, sir. sorry for the interruption...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.