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I was recently pulled over for having a liscence plate bulb out. The cop asked if he could search my vehicle and i said ok. They
Anonymous2 views3 answers
found nothing. Then he asked if he could search my person, and i told him no because im not on parole or probation and thats against my rights. He said "im gonna pat u down anyway." In my pocket was a meth pipe and a small amount of meth. I was charge with 2 misdemeanors. ISNT THAT ILLEGAL SEARCH AND SEIZURE? They said bcuz it was at 3am, i was nervous, and bcuz there was a 6ft. piece of wire frm an appliance in the bed that happend to be copper, its not illegal search and seizure. I think it is...
I also got arrested 4 years and 10 months ago, and was charged with 2 felonys, for possession of a controlled substance (meth), and for possession on a smoking device (meth pipe). And for that, the court ordered me to do 50 NA classes and 1 year informal probation. Which i completed.
A pat down search is not illegal. Read Terry v. Ohio, a very famous U.S. Supreme Court case on pat-down searches and the Fourth Amendment. I am sorry this is not the answer you were looking for. Hire an experienced criminal defense attorney and good luck.
I'm sorry that I have to disagree with Mr. Hill. Terry v. Ohio requires specific and articulate facts indicating present dangerousness. I don't see such a circumstance here. There are (surprisingly) some good cases in this area that I've had good luck with in the past getting evidence suppressed for a 4th Amendment violation. Your prior is irrelevant to the search unless you were still on search and seizure terms. This is a decent case, as long as there isn't more to it.
You need a good local (like Napa?) counsel with a strong 4th Amendment pedigree.
I you think the search and seizure was illegal? OK. Now you'll need to convince a judge of that, because your opinion really doesn't matter. Retain an experienced criminal defense attorney to litigate a motion to suppress evidence. Don't be surprised when your motion is DENIED. Best of luck nevertheless.
