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.
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.
Get the best lawyer you can afford. That and my prayers are the only things I can offer.
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.
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...
A speechless bump.
Larry,
Can you help!?
1. The cop may be wrong...Is it really mace. it sounds like a private citizen cannot legally possess mace in any quantity in Michigan.
>>MCL 750.224d You can carry Self Defense spray , but only if it is either: Not more than 35 grams of CS gas; or A solution containing not more than 2% oleoresin capsicum (pepper spray) and is used in the protection of your person or property which would justify the use of physical force. It cannot be sold to a minor MCL 750.224d , under the statute and according to an Attorney General's opinion, a private citizen cannot possess tear gas or mace.) State Police web site.<<
http://www.packing.org/state/michigan/
2. Put me down for $50 if you start a defense fund. I'll also raise funds on my blog if you need it.
The old gas definitely needs to be tested if the stop can't be thrown out.
It's going to be difficult to find a place where that can be done.
Rough break for you.
Dude, you screwed up when you allowed him to search your car. NEVER, EVER allow the cops to search your car withoug a warrant. The police are NOT your friend.
My best advise is to have your lawyer go after the original stop since you gave him permission to look in your car. That was all based on his stop and I do not believe he had probable cause.
Also look into the "ex post facto" angle. You have had that there for a long time and never used it. Clearly it was there for you own self defense (which you also have a right to) and was perfectly legal when initially obtained.
Finally, as others have stated, check into the shelf life of the CS gas and whether it was any danger to you or anyone...and make sure you get a jury involved. Like speeding to the hospital, since no one was injured or hurt, most people will undertsand this (hopefully) and either no-bill it at the grand jury level, or acquit you at trial.
Best of luck my friend and sorry you ran across such a bad apple...felony indeed.
They have the canister, right? And they can prove that the 22-year-old canister actually does contain, today, more than 35 grams of CS, right? Don't cop any pleas until they can prove that, because they have no case until they do. My guess is they won't bother, unless you or your wife have significant and recent criminal records.
You have FReepmail.
I've looked at Michigan statutes and find only one on this subject. Check your citation to verify that this is the section of your criminal code that you are charged with. The only one located is Michigan 750.224(d), which prohibits USE, but not POSSESSION. You should be able to get a copy of the statute at your local library.
If your citation references a different statute, please post it.
Beyond that, possession requires knowledge and if you are in wife's car with the pepper spray in the glove box, arguably you have no reason to know that it is onboard.
I hope this helps.