Pulled over, searched without consent. Help!

When I was pulled over I pulled over for taking a left turn and initially I was told it was for a wide left turn into the right lane. I was taking an immediate right and I knew I had my hand on the signal to hold it thru the right lane after I had turned, so I know for sure I used all my signals properly. When I got pulled over I provided my license number (I also didnt have my license with me) I provided my registration and a change of policy I had for my insurance. It had been a long time since I had drove this car and normally would not be but my truck broke down. So I was charged with the no insurance (which come to find out the car was not under my current policy) and I was charged with the improper turn as the ticket says. Idaho code 49-644(2) Idaho Statutes and reviewing this I am 100% sure I had made the turn 100% appropriately. By the time the officer had come back to my car there were multiple cars as if I had a warrant or something and a K9 outside. At this point I had been there for at least 15 minutes. The officer approached my car window and had asked me for concent to have to dog go around my car and smell. I told him I am afraid of dogs and simply asked to roll my window up. He agreed no problem. The K9 had went around my car and I am not sure how many times they went around. I knew I hadent had anything in the car since I had started driving it, and I knew that for a fact but things years ago can come back to haunt me. Come to find out the dog did not smell anything. I was asked to exit my car and I was surrounded by about six officers. The officer that had pulled me over explained the dog didnt sense anything but he thinks he smells something, essentially his feeling of me having something I shouldent have. I explained to him I had to go and I would not concent to my car being searched by a human. I had religous document and financial documents, checks, W4's and loan information in my vehicle which was placed in positions to remain private. I was then told I would be subject to search even if concent is not provided. I asked why, I was told because he thought he smells something simular to Marijuana (I explained it had to have been my hand loation, or my attire, or the stinky laundry he could clearly see or the DIRTY inside of a vehicle that to be honest did not smell all that great and the heater smelled like mold). At this point all I could do is say nothing, they asked me again if I had anything in my car. I again told them I had nothing at all that I know about in the vehicle they should no about and I again replied to the officer. NO, I reminded them I had not drove the car in a long time and anything in the car has been there for quite awhile. I only brought into the car with me my Bible underneath the seat and my w4's and other information with me. When searching my car they did find a few empty bags of Marijuana that had residue enough to test (I was into the good weed when I did it) They also found a pipe made out of a pop can. They charged me with Possession and Paraphenilia, with my prior paraphenilia charge I believe I am sure to do time although I was not under probation. I still use and I really want to quit, I am thinking of pleaing not guilty and seeing a jury. I would be stating I can not confirm by memmory my ownership of any of these items, my car had been used by friends who had friends in the back who were too drunk to drive and being drived home by a designated driver whom remains unnamed to me to this day, at one point my mother had borrowed the vehicle. I would be pleading for not guilty on posession and paraphenelia as well as the turn because I know for sure I made the turn correctly and I was pulled over because of my attire. But the pop can could have my finger prints?? I drink a LOT of soda and at one point I did drive the car. I believe I will be found guilty of possession of paraphenilia and the no insurance and maybe the turn but it would be wrong if I was. I am considering explaining I need to be on probation and remain to continue as a productive member of society, and see if this is agreeable to. Does anyone have any ideas?!?!?!

I'm in law school, not a lawyer yet, but am almost there. This is my personal advice to you. What you need to do is find and pay out the ass for the best defense attorney you can find. One of the main things you're looking for is experience. The following website lets you search for a lawyer and lists things like experience and education.

Nolo's Lawyer Directory - Meet Your New Attorney

NORML's website lets you look for marijuana friendly lawyers also. But I'm not sure if they screen for experience or not. If you go with one of them, make sure to search for their experience too.

I have a strong feeling that a good lawyer could get your case tossed out simply because you did not consent to the search. In saying he smelled MJ the cop is basically saying his nose is better then the dog's... which is complete bullshit. Perhaps your lawyer could even attack the original stop in the first place.

Even if you can't get out of the stop or the search, a very good lawyer could likely plea to get you a lot less then what you're currently looking at (especially if testimony can establish the history of your automobile). It will be expensive and time consuming, but worth it if you're looking at jail time.

I agree. Get an attorney. You did not consent to a search and the dog did not hit on the vehicle. There is no way the cop could have smelled pot. If that can be proven in court, it was an illegal search and everything gets thrown out except for the traffic infraction.

fight this shit man!
I had a very similar situatin just a few days ago. When the officer asked to search I didnt really even give a reason. Just said its a long drive and I decline.
He said "that is your right, you are free to go"

This guy claims to smell somethin the dog cant smell? And all you had any way was residue in a bag? This is bullshit. What could you have been wearing that your attire had so much to do with this?

Quote:

---

Originally Posted by 4.2O

What could you have been wearing that your attire had so much to do with this?

---

This is what he looked like that day:

They're called paragraphs

A good lawer should be able to get you out of it. I had a simmilar situation last December. The case was dismissed due to illigal search, and they found a jar of good stuff in my pocket. I ended up getting off completly.

My lawer had me bring a recent pay stub, college transcripts, a clean drug screen, and go to drug offender school, but it worked. Less than $700 including lawer costs!!

Good luck, and fight the good fight!

Quote:

---

Originally Posted by norkali

This is what he looked like that day:

---

ahahahah:rastasmoke::hippy:

the dog didnt smell anything, but the cop did? quite the cop!