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View Full Version : I was pulled over yesterday and am now freaking out.



Apocalypse
02-20-2011, 01:36 PM
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x463866


Project Grudge (221 posts)
Original message
I was pulled over yesterday and am now freaking out.

I work 40 hours a week and volunteer to teach another 10 hours. So I relax during my one day off a week.

I was leaving a friend's and had just turned onto MY BLOCK when I was pulled over within eyesight of my house. The cop had me step out of the car and then he preceded to tell me my license plate light doesn't work. (Which is true because my older model doesn't even have one.)

He had me step out of the car and do sobriety tests after sobriety tests. I followed my eyes with the officer's pen. Then I walked a straight line. He had me blow into a breathalyzer where I blew a 000. Then he had me balance myself on one foot. It was early in the cold morning (I had smoked a couple of hours before hand) and I had difficulty doing it. Now he had probable cause and searched my vehicle where he found a little weed.

I've never been in trouble with the law before and I'm trying to go to grad school. I'm so terrified that having "Possession" on my record will prevent me from getting aid and getting a good job.
Keep in mind, the back of my garage always has graffiti on it and I hear of burglaries in my neighborhood all the time. However, I never hear of any of these being solved or arrests being made. I hate being poor.

Where to start?

You might not have been drunk, but because of the effects of the weed in your system, you gave all the signs. Your dumb fault you got busted.


cleanhippie Donating Member (1000+ posts) Sun Feb-20-11 12:38 PM
Response to Original message
1. Get a good lawyer.

Sounds like this will be an easy one to get tossed out, but you need to get a good lawyer. Its gonna cost you, but....
Easy to get tossed because you got busted? Plus he's already stated he has no $ you idiot.
But count on Bobbolink to step in...


bobbolink Donating Member (1000+ posts)Sun Feb-20-11 01:19 PM
Response to Reply #14
23. What does it take for any of you to notice when someone says they are POOR?

Does muddleclass equate to blind?
And enjoy his horrid English.


leftstreet Donating Member (1000+ posts) Sun Feb-20-11 12:40 PM
Response to Reply #1
4. This is such a no-brainer, s/he doesn't even need a 'good' lawyer

wait for it...


leftstreet Donating Member (1000+ posts) Sun Feb-20-11 12:59 PM
Response to Reply #13
15. It was a joke

:shrug:

I got a ton of lawyer jokes, wanna hear em?

lol


hollowdweller Donating Member (1000+ posts) Sun Feb-20-11 12:41 PM
Response to Original message
5. Have any bumperstickers?


Sounds like the guy made you for a stoner and then decided he was going to find out a way to search your car.

Apocalypse
02-20-2011, 01:55 PM
Some one want to move this to the DU section. Had too many section windows open when I posted and put it in the wrong area.

lol

Novaheart
02-20-2011, 02:30 PM
This person is probably a boring little turd, which doesn't alter the fact that a police officer trampled the Fourth Amendment with the approval of the Courts.

Yeah, I read the part about probable cause. Ask yourself if Stephen Decatur would have let a sheriff search his coach behind such a pretense.

djones520
02-20-2011, 02:41 PM
This person is probably a boring little turd, which doesn't alter the fact that a police officer trampled the Fourth Amendment with the approval of the Courts.

Yeah, I read the part about probable cause. Ask yourself if Stephen Decatur would have let a sheriff search his coach behind such a pretense.

Oh stuff it. You never would have made this post if he said an illegally owned gun had been found, instead of weed. :rolleyes:

FDK
02-20-2011, 03:12 PM
I'm so terrified that having "Possession" on my record will prevent me from getting aid and getting a good job.

Probably should've thought of that before you became a stoner, drove stoned(which IS driving under the influence) and then got busted for possessing illegal drugs, eh?

And how much is "a little" weed?

DUmmie learns the hard way that actions have consequences.

Apocalypse
02-20-2011, 03:18 PM
I have a question on this, and I am by no means knowledgeable on this as I am yet to be pulled over for DUI or possession.

Even if the officer suspects he may have some thing in the car, doesn't the officer have to ask for permission to look. And the suspect have to give it? And if he doesn't, then the officer needs to get a warrant, or the guy can simple get back in his car and drive to his house. He passed the sobriety check, only under suspicion of some thing but no proof.

So if I'm not mistaken, the idiot could have simply told the officer no and not been busted, so his dumb move.

FDK
02-20-2011, 03:21 PM
Project Grudge (222 posts) Sun Feb-20-11 12:51 PM
Response to Original message
8. I live in Indiana

I won't be carrying it on me when I drive anymore that's for sure. He may have smelled it on me. I don't know. I also drive an old vehicle and live in a "bad" neighborhood. So that, along with my age (20s) is enough to establish guilt in a lot of minds.

Or maybe the fact that you stumbled through the field sobriety tests and were in possession of weed is enough to establish guilt.

djones520
02-20-2011, 03:35 PM
I have a question on this, and I am by no means knowledgeable on this as I am yet to be pulled over for DUI or possession.

Even if the officer suspects he may have some thing in the car, doesn't the officer have to ask for permission to look. And the suspect have to give it? And if he doesn't, then the officer needs to get a warrant, or the guy can simple get back in his car and drive to his house. He passed the sobriety check, only under suspicion of some thing but no proof.

So if I'm not mistaken, the idiot could have simply told the officer no and not been busted, so his dumb move.

He didn't pass the test. He said so himself. He passed the breathalyzer, but couldn't do the physical portion. That gave the officer probable cause.

Novaheart
02-20-2011, 04:49 PM
He didn't pass the test. He said so himself. He passed the breathalyzer, but couldn't do the physical portion. That gave the officer probable cause.

SO because you can't stand on one foot like a flamingo you surrender your Fourth Amendment rights?

Novaheart
02-20-2011, 04:53 PM
Oh stuff it. You never would have made this post if he said an illegally owned gun had been found, instead of weed. :rolleyes:

What's an illegally owned gun? What part of "shall not be fucking infringed" does a twit like you not get?

djones520
02-20-2011, 04:55 PM
What's an illegally owned gun? What part of "shall not be fucking infringed" does a twit like you not get?

Show me where it was "unreasonable". We have an admitted pot head saying he failed a sobriety test.

And it's violated you twit, not infringed.

Articulate_Ape
02-20-2011, 05:45 PM
I followed my eyes with the officer's pen.

The dunce failed my sobriety test with just that sentence. WTF?

Chuck58
02-20-2011, 06:17 PM
I wonder how in hell old his car is. I had a 1950 Ford way back in high school. It had a license plate light. Those laws have been around since at least the 1950's.

He likely failed a couple of the tests, balance and following the pen with his eyes, or following his eyes with the officer's pen as he put it.

Tough luck. The breathalyzer test checks for alcohol; it doesn't register for dope. I suggest he was probably stopped because of his driving as much as the license plate light (which I'm betting his car has, unless it's 1940's or earlier era). The other tests are to show impairment from dope. He flunked, which opens the door for the cop to arrest him or, if not arrest to at least check the car. Sounds to me like he was picked up.

If he was arrested, then what the cop did was to check the car to list the contents, for his and the officer's protection. It assures that if something listed is missing, it can be shown to have been there at the time of the inventory. OR, if he claims something is missing that wasn't on the inventory, it protects the officer and wrecker driver. And, too bad if something that shouldn't be there is found, like dope. He can be charged with it since the officer wasn't conducting a search, but an inventory of property in conjunction with an arrest.

hoplophobe
02-20-2011, 06:39 PM
He got pulled over for the plate light. Doper probably smelled like he had been smoking weed. Failed the HGN test and some of the other FST. Once that happens the cop can search the vehicle and the doper incident to a lawful arrest.

Novaheart
02-20-2011, 10:52 PM
Show me where it was "unreasonable". We have an admitted pot head saying he failed a sobriety test.

And it's violated you twit, not infringed.

A well regulated Militia being necessary to the security of a free
State, the right of the people to keep and bear Arms shall not be
infringed.

lacarnut
02-21-2011, 12:07 AM
SO because you can't stand on one foot like a flamingo you surrender your Fourth Amendment rights?

Standing on one foot was just one of several tests that he failed. He also probably smelled like a pot factory.
BTW, only the perp and the officer know if permission was given to search his car. So, your assertion that his 4th amendment rights were violated is bogus.

Apocalypse
02-21-2011, 12:31 AM
A well regulated Militia being necessary to the security of a free
State, the right of the people to keep and bear Arms shall not be
infringed.

Stupid, have you ever heard of a "Concealed Carry Permit"?

With-out one, a weapon must be secured in the trunk, in a weapons case, unloaded. And depending on the state, some require the weapon to be partial broke down, and any ammo to be secured in the glove box away from the weapon to transport it in a car without the permit.

With the permit, it still carries certain restrictions that must be meet.

A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria. Typical permit requirements include residency, minimum age, submitting fingerprints, passing a computerized instant background check, attending a certified handgun/firearm safety class, and paying a required fee.

A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities. While an applicant must qualify for a permit by meeting criteria defined in state law, local jurisdictions in May-Issue states often have locally-defined requirements that an applicant must meet before a permit will be granted, such as providing adequate justification to the approval authority for needing a concealed carry permit (self-defense in and of itself may not be sufficient justification in some areas where justification is required)

A No-Issue jurisdiction is one that does not allow any private citizen to carry a concealed handgun. The term refers to the fact that no concealed carry permits will be issued (or recognized). Illinois, Wisconsin, and the District of Columbia are No-Issue jurisdictions.

NJCardFan
02-21-2011, 01:01 AM
See, what everyone, especially novabrain, is forgetting is that we're only getting this idiot's side of the story. For starters, they are admitting to smoking week. The smell, as we all know, sticks to you like glue. Then, failing the field sobriety test is the probably cause and the search was not unreasonable. Also, we don't know the real story.

Novaheart
02-21-2011, 01:06 AM
Standing on one foot was just one of several tests that he failed. He also probably smelled like a pot factory.
BTW, only the perp and the officer know if permission was given to search his car. So, your assertion that his 4th amendment rights were violated is bogus.

I just went back and read the story again. He claims to have only failed the stand on one foot test. Where are you getting that he failed multiple tests? Also, have you ever hear anyone say he was "stumbling stoned"? Pot has been accused of making people inattentive or slow on reaction time (though a visit with your local juggler would disabuse you of that notion) but not sloppy. I've never known anyone who got busted for driving while stoned.

Novaheart
02-21-2011, 01:11 AM
Stupid, have you ever heard of a "Concealed Carry Permit"?

I have one, and it was a pain in the ass, expensive, and an infringement.


Stupid,

With-out one, a weapon must be secured in the trunk, in a weapons case, unloaded. And depending on the state, some require the weapon to be partial broke down, and any ammo to be secured in the glove box away from the weapon to transport it in a car without the permit.

All of that depends on the state, and it shouldn't. You should be as free to carry a gun in the glove compartment in Maryland as you are in Florida.

And here we go with the name calling again. So here's your obligatory, "You twat." Let's see how long it takes for some dumbass to completely ignore that you started it.



A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria. Typical permit requirements include residency, minimum age, submitting fingerprints, passing a computerized instant background check, attending a certified handgun/firearm safety class, and paying a required fee.

A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities. While an applicant must qualify for a permit by meeting criteria defined in state law, local jurisdictions in May-Issue states often have locally-defined requirements that an applicant must meet before a permit will be granted, such as providing adequate justification to the approval authority for needing a concealed carry permit (self-defense in and of itself may not be sufficient justification in some areas where justification is required)

A No-Issue jurisdiction is one that does not allow any private citizen to carry a concealed handgun. The term refers to the fact that no concealed carry permits will be issued (or recognized). Illinois, Wisconsin, and the District of Columbia are No-Issue jurisdictions.

Where in the Constitution is any of that bullshit authorized? Do you know what "infringe" means?

Rockntractor
02-21-2011, 01:13 AM
Cities are starving for revenue Right now and a driving while impaired or driving while intoxicated will net them thousands of dollars.
If you don't want to be one of the stupid people that they are milking, make sure your vehicle s legal, only drive sober, don't speed or break any traffic laws. This won't make you 100% safe but when a nanny state runs out of money this is what happens.

Novaheart
02-21-2011, 01:14 AM
See, what everyone, especially novabrain, is forgetting is that we're only getting this idiot's side of the story. For starters, they are admitting to smoking week. The smell, as we all know, sticks to you like glue. Then, failing the field sobriety test is the probably cause and the search was not unreasonable. Also, we don't know the real story.

All we ever have to work with is the article, unless it's an historic event being discussed. So if you're going to speculate, then you could as easily speculate that the cop is a dick who hated potboy's bumperstickers.

Novaheart
02-21-2011, 01:16 AM
Cities are starving for revenue Right now and a driving while impaired or driving while intoxicated will net them thousands of dollars.
If you don't want to be one of the stupid people that they are milking, make sure your vehicle s legal, only drive sober, don't speed or break any traffic laws. This won't make you 100% safe but when a nanny state runs out of money this is what happens.

http://cuarts.files.wordpress.com/2010/10/bingo.gif

lacarnut
02-21-2011, 01:20 AM
I just went back and read the story again. He claims to have only failed the stand on one foot test. Where are you getting that he failed multiple tests? Also, have you ever hear anyone say he was "stumbling stoned"? Pot has been accused of making people inattentive or slow on reaction time (though a visit with your local juggler would disabuse you of that notion) but not sloppy. I've never known anyone who got busted for driving while stoned.

He failed the eye test. If you believe all the bullshit coming out of DU then maybe you need to join all the misfits over there. BTW, I have seen a dude get busted for driving stoned in the French Quarter.

Rockntractor
02-21-2011, 01:20 AM
http://cuarts.files.wordpress.com/2010/10/bingo.gif

That doesn't make what he was doing legal but it is just common sense. A person should obey the law all the time but right now your asking to get ripped a new one if you aren't legal.

Novaheart
02-21-2011, 01:26 AM
He failed the eye test. If you believe all the bullshit coming out of DU then maybe you need to join all the misfits over there. BTW, I have seen a dude get busted for driving stoned in the French Quarter.

Oh, La.carnut not L.A.carnut. Now I'll have to change my entire mental picture. Take you out of your lowered Honda Civic street "racer" and put you in a jacked up lime green 72 Chevy Malibu with big chrome back spinning rims.

lacarnut
02-21-2011, 02:29 AM
Oh, La.carnut not L.A.carnut. Now I'll have to change my entire mental picture. Take you out of your lowered Honda Civic street "racer" and put you in a jacked up lime green 72 Chevy Malibu with big chrome back spinning rims.

Wrong Whitebread. I drive a 2008 Nissan 350 Z Touring.

BTW, what hunk of shit are you driving?

AmPat
02-21-2011, 11:00 AM
Wrong Whitebread. I drive a 2008 Nissan 350 Z Touring.

BTW, what hunk of shit are you driving?

Duh, a Nova.:rolleyes::D

Actually I agree with Nova on this. The right to keep and Bear arms shall not be infringed. Laws that dictate how, when, and where you may carry your arms are an infringement on the right to bear.

Every state has different laws regarding the carrying of weapons. IMO, all of them infringe upon the federal right to keep and bear.

txradioguy
02-21-2011, 11:26 AM
SO because you can't stand on one foot like a flamingo you surrender your Fourth Amendment rights?


And yet there are so many parts to a story that your fellow Libtards at DU tend to "forget" to add to these little tales of woe that explain actions b the police.

The strong smell of marijuana coming from the car or off the persons clothing.

The car weaving as the guy was driving. Perhaps the bag of weed was in plain sight on the front set.


Sooooooo many little important details the DUmmies leave out to gain sympathy for their plight...or to let knee jerk "F the police" types like you go on a "we've had our rights taken away" rant.

Novaheart
02-21-2011, 01:06 PM
And yet there are so many parts to a story that your fellow Libtards at DU tend to "forget" to add to these little tales of woe that explain actions b the police.

The strong smell of marijuana coming from the car or off the persons clothing.

The car weaving as the guy was driving. Perhaps the bag of weed was in plain sight on the front set.


Sooooooo many little important details the DUmmies leave out to gain sympathy for their plight...or to let knee jerk "F the police" types like you go on a "we've had our rights taken away" rant.


You're adding to the story. You might has well have a monkey riding on the roof of the car in your modified version.

You have a tendency to see everything I say through a stupid and simpleminded lens. I do not chant "fuck the police", I am a strong supporter of the police. What I don't support is the police making policy, and I do not support the police making excuses for running roughshod over the US Constitution in the name of "safety" . So go fuck yourself, I'm sick of your nasty toxic response to everything written and more what you imagine is not being written.

lacarnut
02-21-2011, 01:29 PM
I have a tendency to see everything through a stupid and simpleminded lens. .

FIXED for accuracy !!!!!!!!!

BTW, what heap of shit are you driving?

Novaheart
02-21-2011, 01:37 PM
Wrong Whitebread. I drive a 2008 Nissan 350 Z Touring.

BTW, what hunk of shit are you driving?

I have a 2008 Toyota pick up. Funny, I think most people would expect it to be the other way around.

Rockntractor
02-21-2011, 01:45 PM
I have a 2008 Toyota pick up. Funny, I think most people would expect it to be the other way around.

Which model, does it have a shell with a back door?:confused:

Novaheart
02-21-2011, 01:54 PM
Which model, does it have a shell with a back door?:confused:

The Malibu Ken Tacoma, stock.

Of course it doesn't have a shell, if I wanted a van I'd have bought a van.

lacarnut
02-21-2011, 03:16 PM
I have a 2008 Toyota pick up. Funny, I think most people would expect it to be the other way around.

I would have thought yours was a pink/white BMW Mini Cooper. Cute and manly:eek:

Apocalypse
02-21-2011, 06:51 PM
Where in the Constitution is any of that bullshit authorized? Do you know what "infringe" means?

My grandfather owned and operated a gun shop for nearly 30 years before he got too old to keep it going, and the insurance was just killing him. I grew up surrounded by guns. Hell I could shoot before I could walk. I've fired just about every make except the full auto. (Worst was a spiral barrel 10 gauge.)

I have had it drilled into my head safety and laws regarding guns. States can and have for years put in place laws to "Protect" people. You might call it infringe, but in the end, it remains the law. And if your going to own a gun, you better know the laws in your state regarding them. And how the state say they must be handled, transported, stored, and registered.

I know what the 2nd Admend. says. It say you may own a gun, and may bear arms. But states may restrict how those arms are handled, and where you may bear them. And until that is fully challenged in the Supreme. and won, you better damn know the laws or you will find out the hard way what the laws are.