Legal question

imEXSV

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Hey guys, I am new to the forum as most of you can see so I hope I am using it correctly. I will make this post as simple as possible to follow and I will cut straight to the chase.....about a month ago I was pulled over after moving from state to state in South Dakota, and long story short, the officer found my stash. There were 8viles of test, and I have a lawyer representing me in court in the next couple days.... I have no criminal offenses on my record whatsoever, and am wondering if anyone has ever been in my situation and would know the chances of getting this removed all together? I would assume there important details missing but I wanted some input on what others have had happen in similar situations....thanks
 
OnionKnight

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dude that sucks.

but why was your gear in your car in the first place? and what did you do to cause the officer to search your car?
 
heavylifter33

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Hey guys, I am new to the forum as most of you can see so I hope I am using it correctly. I will make this post as simple as possible to follow and I will cut straight to the chase.....about a month ago I was pulled over after moving from state to state in South Dakota, and long story short, the officer found my stash. There were 8viles of test, and I have a lawyer representing me in court in the next couple days.... I have no criminal offenses on my record whatsoever, and am wondering if anyone has ever been in my situation and would know the chances of getting this removed all together? I would assume there important details missing but I wanted some input on what others have had happen in similar situations....thanks
There's probably all kinds of stories on the internet about stuff like this. Ultimately it just ends up with your lawyer and what the DA/judge wants to do.
 

imEXSV

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Today, 03:20 AMOnionKnightdude that sucks.but why was your gear in your car in the first place? and what did you do to cause the officer to search your car?---I was moving from state to state and it was amongst my things. Honestly I told the cop that I didn't have time for a search and he went ahead and did one anyways, which is possibly the one major point my lawyer will have to fight with in court. The reason I was pulled over was for a front license plate which I had hanging in my dash and not on the bumper.
 

juicer77

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No front plate should have been a ticket no reason to search your car.
 

imEXSV

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No front plate should have been a ticket no reason to search your car.
Yea the officer tried to say because I was traveling across the country and had a truck load of stuff he had the right to conduct a search anyways..... But I'm hoping that's where my lawyer can take over. The whole reason I am asking is because at the time the charges went from paraphernalia to a lab resulting in schedule III when I have 5 days until court date. Just wondering if anyone has any hope for first time offenders on here.... I'm still rather young and would like to have some sort of future....
 
OnionKnight

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shouldnt have even been a ticket. just a fixit it at worst. i got off twice without a front plate because i said it got torn off in a car wash
 

imEXSV

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I'm hoping the evidence will be dropped because I refused to let them search. And at worst ill be paying a lawyer and loosing out on money more than anything..... I'm litterly scared s**tless.
 

juicer77

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Ok maybe the tickets my luck then cops love me I got a ticket for it on my way to fix it
 
machorox123

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If there was no real probable cause your attorney can try for a mistrial.. Dont go with a public defender man
 

imEXSV

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The lawyer I hired specializes on controlled substances. I should be able to contact him Monday and get a game plan.
 
machorox123

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The lawyer I hired specializes on controlled substances. I should be able to contact him Monday and get a game plan.
If your story is as accurate as you explained you shud get off.. The officer had no reason to search your vehicle
 
MIGUEL1J

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You gave them probable cause by telling him you don't have time for his search. Just the fact that you indirectly told a cop you don't care to respect his job or (lol) authority he will bust your chops.

That little ticket for the plate turn into a bigger charge who knows they can hit you with trafficking. I would off been cool officer you wanna search. were can we start. :) wanna beer I got a few in the cooler, oh wait let me call my wife and tell her. A cop is searching our stuff ima be running late.

You can always get a doctor to write you a script to test. It's only illegal if you don't have a script. When they ask why you had so many you tell them it was on sale.
 
machorox123

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You gave them probable cause by telling him you don't have time for his search. Just the fact that you indirectly told a cop you don't care to respect his job or (lol) authority he will bust your chops.

That little ticket for the plate turn into a bigger charge who knows they can hit you with trafficking. I would off been cool officer you wanna search. were can we start. :) wanna beer I got a few in the cooler, oh wait let me call my wife and tell her. A cop is searching our stuff ima be running late.

You can always get a doctor to write you a script to test. It's only illegal if you don't have a script. When they ask why you had so many you tell them it was on sale.
That is not probable cause my friend. The guy refusing a search has the rite to do so which is why officers have to ask first.the cop might think he has the rite to "bust his chops" but in the end it was an illegal search and with a good attorney should end in a mistrial
 
madripper32

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You gave them probable cause by telling him you don't have time for his search. Just the fact that you indirectly told a cop you don't care to respect his job or (lol) authority he will bust your chops.

That little ticket for the plate turn into a bigger charge who knows they can hit you with trafficking. I would off been cool officer you wanna search. were can we start. :) wanna beer I got a few in the cooler, oh wait let me call my wife and tell her. A cop is searching our stuff ima be running late.

You can always get a doctor to write you a script to test. It's only illegal if you don't have a script. When they ask why you had so many you tell them it was on sale.
Probable cause would be smelling pot or alcohol or seeing something in plain sight. You should get off I hope they don't get semantical And say you never actually refused. Good luck buddy let us know how it turns out. Keep it out of the passenger compartment next time too.
 
OnionKnight

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You gave them probable cause by telling him you don't have time for his search. Just the fact that you indirectly told a cop you don't care to respect his job or (lol) authority he will bust your chops.

That little ticket for the plate turn into a bigger charge who knows they can hit you with trafficking. I would off been cool officer you wanna search. were can we start. :) wanna beer I got a few in the cooler, oh wait let me call my wife and tell her. A cop is searching our stuff ima be running late.

You can always get a doctor to write you a script to test. It's only illegal if you don't have a script. When they ask why you had so many you tell them it was on sale.
thats not probable cause at all. if that were true, warrants wouldnt exist and cops would be searching every house of every ghetto in the country and start making dumass bank on drug/gun charges
 
bigt405

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As a former cop if your story is correct and you did refuse the search there does not seem to be any grounds for a probable cause search. Hopefully you have a good lawyer and all the evidence found during the search should be inadmissible in court. I hope it all goes well keep us posted....
 
MIGUEL1J

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Hay guys in NYC, from my experience thats how it goes up here. The nypd sucks and up here they don't ask. They tell you get out the car and 3 cops search your car while one cop has his eye on you.

Reality sucks.
 
bigt405

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Hay guys in NYC, from my experience thats how it goes up here. The nypd sucks and up here they don't ask. They tell you get out the car and 3 cops search your car while one cop has his eye on you.

Reality sucks.
That does not surprise me from a city that outlaws big gulp soft drinks, but down here that would not fly!
 
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