Was I illegaly searched?

[THCeeker]

Last night I was coming home from my friends house in the city of Buffalo (I live in the suburbs). I had realized I left my laptop in his apartment and I called him and went back to get it, and on the way to his house a police officer pulled me over, although I had done nothing wrong. He asked me for my registration and license and I looked around my car then got them for him, at which point he asked me to step out of the car. He said he thought myself as well as my car smelled like marijuana, which in fact neither me nor the car did and I know for a fact the car was clean because I haven't smoked in it in forever. Anyways, he searched my pockets, then began to search my car, at which point I said "Officer you do NOT have my consent to search my vehicle." He did not hear me so I turned to a nearby officer and asked him if he heard me. He said he did and told the searching officer that I had "withdrawn my consent to any search" at which point the officer stopped searching my car, came to me, immediately cuffed me and told me "You have no rights", and put me in the car. He proceeded to search my car with other officers for 40 minutes, with his search yielding a clean scale which was returned to me, two shots of whiskey in a water bottle, a dirty pipe, and an empty pill container I used to use to hold weed, as well as a forward assist knife which he claimed was a switch blade. I was charged with possession of marijuana and cited a ticket for 12% rear window tints, and the officer said that he let me off easy. However, I think the knife was a legal knife as I went to Lowes and saw the exact same type of knife being sold there today. I also was wondering what will happen when I show up for my court date, because this evidence is being submitted but it was not found with any warrant or drug dog, and the officer knew damn well he had no permission to be in my vehicle. If anyone can tell me anything, any help is useful, thank you.

On another note, after the tow truck towed my car the officer lost something so I sat in his car while he went all over town looking for something that he never found. During this ride, I made special note of the officer speeding, at one point going 80 in a 45 while it was raining, running every stop sign and red light he came across, and even racing another officer. Can I do anything with this information if I get a lawyer or is it not worth the cop heat I'd take from any lawsuit.

THCeeker Reviewed by THCeeker on 08-20-2008. Was I illegaly searched? Last night I was coming home from my friends house in the city of Buffalo (I live in the suburbs). I had realized I left my laptop in his apartment and I called him and went back to get it, and on the way to his house a police officer pulled me over, although I had done nothing wrong. He asked me for my registration and license and I looked around my car then got them for him, at which point he asked me to step out of the car. He said he thought myself as well as my car smelled like Rating: 5

[grow1964]

If he said he smelled someone on you or your car then he already had probable cause. This is how they tend to get around these stupid laws nowadays. The cops also have a right to lie to you to get you to admit anything. Really not much you cn do. If its that big a deal than hire a lawyer. If its just a fine pay it and be done with it. Since your in NY i assume you just got a fine

[painretreat]

I don't know the law, but sounds like you did all you could to try to protect your rights.

Charged, possession of what? A dirty pipe, empty med bottle--tee hee, that's where I put my stuff I take with me!!!

I think, once they have cuffs on you and towing your car, it is theirs and so are you! A cop told me that once. A friend wrecked my car. I went to the scene. Wanted to get my stuff out of it for a trip in 5 hours. Told me, "That vehicle belongs to the State of Calif. right now!" I was pissed and started taking my friend to a hospital, she was in shock, shaking and cold and needed medical help. Going to the hosp. would piss him off and he did! They have to go to hosp. to fill out paperwork then.

The man that rear ended my vehicle was dead, no seatbelt and air bag pushed hiim out his open driver's door window and his own car rolled over him. Cops said his pocket was full of pot! I wondered how it survived the burn--that dude was baked and they did not even cover him, until my request!

At 2AM. I went to a nearby friends and waited to get my vehicle! The main road for commuters wasn't open until 8AM and a nurse that cared for my friend had to go around the mess.

I am taking you at your word, but I wonder if there isn't more to this! I've always thot, I did nothing wrong be open about it. If you aren't they'll have more reason to 'get you!' Now, I have lawyer friends and they all tell me: INVOKE YOUR RIGHTS ASAP! Just as you did!:stoned:

Good luck, please keep us informed. I would like to hear the end of this for my own education, if u don't mind. Tsk! no personal message (oh, that is what PM stands for, I bet), would drop you one! pr

TERROISM HAS RUINED THIS COUNTRY'S FREEDOM'S! :rastasmoke:

oh, see another post popped in. Well, bet he is right.

In the past, I went to the City Manager to report behavior of police! I got my problem fixed, by doing so. When I knew the police chief, I chatted with him. And you may want to report how your life was endangered by his behavior and driving. Whether you are his property or not. If he was driving very reckless without emergency lights on, you were in danger! Do it politely, not like you are mad. Ask them if this is acceptable behavior and you just wanted to point it out. So, this does not happen to another in the future! That cop will testify against you. So, think it thru!

I think if you have cuffs on, you don't have any rights anymore!

I know they get away with a lot of stuff. :wtf:The privileges of working a dangerous job you can literally die doing! We like to be fair and don't like it when we see it upside down. pr

[painretreat]

Doesn't he need 'probable cause' to pull you over, in the first place?

did u have your seatbelt on, or a broken light.

I did that in Colorado Springs a couple years ago and got stopped! When he walked up I started laughing and said, "So, you can tell I am lost?" Yes or on the spirits! My mom was in the car! Probably only reason he did not do something to an out of stater! I was just looking to mail a damn bill!

DID HE SAY WHY HE PULLED YOU OVER? I think that is important! pr:hippy:

[THCeeker]

He told me he pulled me over for tinted windows, however he didn't tell me what I was under arrest for and I did not find out until many hours sitting in a cold holding cell holding my piss after an officer committed reckless endangerment with me in his car, no lights. I got charged with Possession of Marijuana, however they gave my scale back, so at the least I'll get the charges changed from marijuana to dirty piece, because if I actually did have weed in the car with me, I would have gotten hit with intent to deal, but instead they returned the scale to my parents at the police station. Lol.

The thing that bothers me about this all is that I KNOW for a FACT neither me or the car smelled anything remotely similar to marijuana, and he straight up lied to get into my car. He went from searching ME behind the car immediately into the car without saying a word to me, and I immediately told him he lacked my consent.

[painretreat]

Is 12% legal in your state?

Are you saying you had weed in the scale?

Just sounds like you got a bad rap! If your windows are legal, it seems to me, according to a cop I've had conversations with, the whole case can be tossed! But, again, I am no expert and I hope one jumps in here, want to hear the answer! :thumbsup:

[THCeeker]

Okay my windows let in 12% of the light that passed through, the legal limit in my state is 70. He's got me there. The scale was completely clean, I'm saying if they had found WEED and not a dirty PIPE, then the scale would have been evidence and I would have faced intent to deal charges. But since they returned the scale to my possession, I clearly had no actual MARIJUANA on me, just the dirty pipe, so at the very least I want the charges changed to the correct ones. Yea I did, he told my parents the reason he pulled me over was because I was driving a tinted black jaguar into the city at 1 in the morning. Lol, if that's not unreasonable profiling, I don't know what is.

[painretreat]

With a decent lawyer, I don't think they will waste their time fighting you over tinted windows. I would not be worried! I would be cause all this crap takes up a lot of time and money!

I tint mine a lot more than legal. So, now I know what can happen up front! :hippy:

[SnSstealth]

I doubt youll have much of a stance in court that nothing smelled like MJ being that you had a "dirty bowl" in the car. not that I dont believe you but the courts usually dont believe anyone in these instances. I agree with the paying the fine idea, but definitely talk to the police chief about the terrifying experience of fearing death because your handcuffed sitting behind a wall of plexiglass going 80 mph and no way to protect yourself if/when something happened.

I had a car stolen from me while i was at a party in high school. the cops showed up and started ?ing me about my habits, they said they found the car and it was 10 miles away so the cop asks me to get in the back so we can go there, "sure" i said. WOW, this guy belonged in NASCAR. same as you, were doing 85-90 on us-1. we get there and they tell me that I have to make the decision to take the car home or let them have it for examination. well, since it was my dads car he needed for work the next day, I said " ive got to take it home" the officer shakes his head at the ground, looks at me and says(ill never forget this)"Dont call us the next time you have a bad drug deal" and walked away! I was livid, he just assumed that a longhair highschooler had a drug deal with 3 black guys that stole a big white chevy caprice, also lived on the other side of town. they apparently thought i was hiding something in the car, but the little contraband I had, I left for the party. I didnt know the suspects but they did end up convicting them, my dad kept the car and i eventually drove it for years afterward. my feeling towards law enforcement however were cemented in that moment.

sorry, resin must be workin real well:jointsmile:

moral is: cops ALWAYS expect the worst. its a result of training and the crap they get at their job. I dont agree it should be that way, it just is

db:smokin:

[painretreat]

Even a used bowl will smell, good point db! When cops use to smoke cigs. they couldn't smell so well!

I'd bitch like hell at the Police Chief, City Manager or Whoever hires the police chief!

One thing I know for sure! It is fun riding in a car with a cop: when you have your seatbelt on and it is a legit race course! I went racing with the Cali Hwy patrol once and my stomach was left at the start line!!! And he was drunk! We all were! But, I felt safe. They really are pretty good driver's. If you had not been in cuff's, it would have been fun!

You were not safe. Were you in a seatbelt in the back? Just curious, haven't been there yet!

DB: I can just visualize that one!! Know how you feel, gettn your car taken! At least they found yours, I had to find my own! And, of course, I complained at the Sheriff's station! :hippy: