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  1. #1
    Toxin's Avatar
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    Anyone taking law classes?

    If this is too long for you to read, don't bother posting. <3 Also you're probably retarded. :]

    If you're not taking law classes and have no knowledge of the law, you're also useless and probably retarded. Thank you. <3





    Saturday night I was pulled over for my licenses plate light being out.

    The cop comes to my window and ask for my licenses and registration which I had already gotten out and had ready.

    After taking them from me, before even leaving my window, he ask me to step out of the vehicle. Not thinking anything was wrong I did so. He leads me to the back of my truck in front of his car so I'd be on camera and starts hammering me with questions. About where I was going and where I was coming from and the normal stuff.

    After all the questions he states that the reason he pulled me out of the vehicle is that he smelled marijuana. So I was like . He leads on to saying that he's about to search my truck. And I politely tell them that I do not consent the search.

    The cop tells me that he has probable cause to search my truck because he smelled the marijuana already. He tells me that he has to detain me while he searches my truck and puts me in cuffs before searching my pockets and putting me his the back of his car.

    The cop searches my truck, finds a weed grinder, two small bags of weed, equaling no more than two grams, and my completely unloaded gun.



    The cop then proceeds to arrest me for unlawfully carrying a gun and procession of marijuana.

    Right before he tells me that I'm being arrested I'm listening from the back of the car to the arresting cop's conversation with the two cops that came for back up. The other two cops were questioning him about charging me with the gun charge. And asking him if he was going to charge me with it. He proceeds to get mad at the other two cops and tells me. "If I'm going to take it, I'm going to charge him with it."

    Later in pre-book at the jail, the arresting officer comes in to explain to me why I was charged with the gun charge. Which I didn't really understand why he had to explain it in the first place, but I'm glad he did because now I feel like he was just trying to cover his ass for a wrongful charge.

    His explanation for the gun charge was as follows:

    "The reason I gave you the gun charge, is because I had to. We're required to charge someone with the unlawful carrying of a weapon if they receive one or more charges that are a misdemeanor B or higher and they unlawfully have a gun with them."

    So what he's telling me is that the only reason I got a gun charge is because I got charged with possession? Alright makes sense at the time. However, how was my gun unlawful? My gun was empty, the clip was not inside the gun, instead stuffed between the seats. The gun was also cocked backwards to show that it was empty. And the gun was hidden from sight under my middle console.

    Now I don't have a concealed licenses. And I'm currently 20 and not technically old enough to own a handgun. However, the gun was bought and registered by and to my mom's name and I told him that. And the cop also told me that I was allowed to have a gun in my truck it just had to be out of sight. Which it was. And unloaded. Which it also was.


    As I was exiting the jail that night, I was talking to the exit booking jailer and mentioned the arresting officer's explanation as to why he charged me with the gun charge. And the jailer said that he had never heard of people having to be charged because they got another charge. Which made me want to look into it more.



    I now have an appointment on Thursday with a criminal lawyer. Do you think I have a case, or am I just wasting my time? If I'm not wasting my time, any advice on how I should approach this? I'm not worrying about getting out of the possession charge, but I'm looking to definitely try and get out of the gun charge that I think I was wrongfully charged with.

  2. #2
    k0mrade's Avatar
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    tldr .
    ps cops can arrest you for anything so stop QQ plz

  3. #3
    TheFlyingDutchman''s Avatar
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    If you weren't harrassed sexually you don't have a case.
    That how cops role, unfortunaly.
    However, you don't have to give up too quick, I'm not that good @ laws.
    "People don't change.
    Circumstances do."


    "Trying to find succes without working hard is like trying to harvest where you did not sow"















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  4. #4
    Shane's Avatar
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    Quote Originally Posted by k0mrade View Post
    tldr .
    ps cops can arrest you for anything so stop QQ plz
    Shut the fuck up, you retarded cunt.
    Everything sounds about right to what the cop was doing but it after finding the gun and getting arrested for that even though it was out of sight, you got charged for both? I'm not an expert on this kind of stuff but after doing a little bit of research, you're right about carrying the gun unloaded and out of sight. Dunno about the illegal marijuana though.




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  5. #5
    Twin Cities's Avatar
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    Don't know about marijuana part but if the gun was unloaded and out of sight, they can't charge you for it.

  6. #6
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    tell your lawyer that you didn't give them the consent to search your truck. when they bring it up in court, you'll almost certainly be let go. because in law, it says cops need to have the owner's consent before searching any of their property.

    basically, you've been a victim of a search under probable cause.

    Consent search - Wikipedia, the free encyclopedia

    How Police Receive Consent to Search - Yahoo! Voices - voices.yahoo.com

    however, there's still a small chance that you might be fucked over because you already allowed them to search your truck.

  7. #7
    Dave84311's Avatar
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    Talk to your lawyer if you think it's funky.

    If the other coppers and the jailer were inquiring about it, likely he did something wrong ... big give away, him talking to you about it again so you wouldn't bother with it. ORRRRRRRRRRR MAYBE UR WRONG AND DESERVE TO GO TO JAIL FOR CARRYING A GUN ILLEGALLY YOU SCUMBAG.





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    john.r's Avatar
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    Quote Originally Posted by Toxin View Post
    [COLOR="DarkGreen"][B][U][CENTER]And I politely tell them that I do not consent the search.
    use this as backup.

    Quote Originally Posted by Toxin View Post
    [COLOR="DarkGreen"][B][U][CENTER]The cop tells me that he has probable cause to search my truck because he smelled the marijuana already.
    that is the most overused excuse cops use to search your shit. i'm sorry that you fell for this but you said ok, so that really fucked you over.

    to the gun charge, it was out of sight and wouldn't be noticed if he hadn't searched your truck in the first place. which brings me back to the first point when you didn't give the cop consent.

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    Why am I such a hardened criminal though.

    I'll update everyone after my meeting with the lawyer on Thursday. But my court date isn't until October 15th so I've got plenty of time.

  11. #10
    KING's Avatar
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    Criminal Justice student here

    1. Cop cannot pull you over just to check your license plate and registration (unless its a checkpoint). There's must have been something wrong with the outside, tail light, old ticket, something.

    2. Smelling of marijuana is enough probable cause to pull you over and search your car.

    3. For your and his safety he can put you in the back, he can put you on the curb, he can handcuff you, being detained is not being arrested. Its possible to be detained and the set free. Its actually possible to be arrested without going to jail (but mandatory court date).


    4. You consenting to a search only matters if he knows he has no probable cause and then he would then ask you to search the care (he'd probably be sneaky about that ass well-there are word/mind games they teach them). Side note, you can still be K-9 searched at all mother fucking times (but thats another story)

    5. Weed grinder is not illegal, it paraphernalia. But if there's is weed residue found on it you're boned. 2 Bags of weeds is obvious and confirms his smell of weed which confirms his probable cause.

    6. Guns laws are different state to state. In Florida you have to have a conceal license to carry. Or if you had a hunting license (or permit not sure) you could use the stashed away or in a gun box lock thingy. OR I just bought it and taking it home for the first time.

    7. You're dead on with the gun being your mother though, if its registered to her she maybe fined for misplacing it in your car or w/e but don't buy the officer excuse, you did exactly what I would advise and get a lawyer.

    8. I think you have a good case for the gun, and weed is no biggie in my opinion. I'm sure its a misdemeanor and it will come of your record eventually. Cops are confiscating that small amount of weed and fining people instead of charging them. Judges are feed up with the small weed business (for first timers).

    9. Good luck, you should beat the gun charge. Next time from the exact moment the cop pulls you over, call your attorney and let him know your calling your attorney. When you do that the cop cannot remove you from the scene till your lawyer gets there. Make sure you get that on his dash cam, keep demanding a lawyer. Lawyer slow down the process, and complicate the process, and lead to a much bigger headache, cop mite let you go especially once he find you have a clean record. Don't have a lawyer, demand the cop you want to speak to a public defender.

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  13. #11
    k0mrade's Avatar
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    Quote Originally Posted by Shane View Post

    Shut the fuck up, you retarded cunt.
    Everything sounds about right to what the cop was doing but it after finding the gun and getting arrested for that even though it was out of sight, you got charged for both? I'm not an expert on this kind of stuff but after doing a little bit of research, you're right about carrying the gun unloaded and out of sight. Dunno about the illegal marijuana though.
    look more QQ !

  14. #12
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    Quote Originally Posted by KING View Post
    Criminal Justice student here

    1. Cop cannot pull you over just to check your license plate and registration (unless its a checkpoint). There's must have been something wrong with the outside, tail light, old ticket, something.

    2. Smelling of marijuana is enough probable cause to pull you over and search your car.

    3. For your and his safety he can put you in the back, he can put you on the curb, he can handcuff you, being detained is not being arrested. Its possible to be detained and the set free. Its actually possible to be arrested without going to jail (but mandatory court date).


    4. You consenting to a search only matters if he knows he has no probable cause and then he would then ask you to search the care (he'd probably be sneaky about that ass well-there are word/mind games they teach them). Side note, you can still be K-9 searched at all mother fucking times (but thats another story)

    5. Weed grinder is not illegal, it paraphernalia. But if there's is weed residue found on it you're boned. 2 Bags of weeds is obvious and confirms his smell of weed which confirms his probable cause.

    6. Guns laws are different state to state. In Florida you have to have a conceal license to carry. Or if you had a hunting license (or permit not sure) you could use the stashed away or in a gun box lock thingy. OR I just bought it and taking it home for the first time.

    7. You're dead on with the gun being your mother though, if its registered to her she maybe fined for misplacing it in your car or w/e but don't buy the officer excuse, you did exactly what I would advise and get a lawyer.

    8. I think you have a good case for the gun, and weed is no biggie in my opinion. I'm sure its a misdemeanor and it will come of your record eventually. Cops are confiscating that small amount of weed and fining people instead of charging them. Judges are feed up with the small weed business (for first timers).

    9. Good luck, you should beat the gun charge. Next time from the exact moment the cop pulls you over, call your attorney and let him know your calling your attorney. When you do that the cop cannot remove you from the scene till your lawyer gets there. Make sure you get that on his dash cam, keep demanding a lawyer. Lawyer slow down the process, and complicate the process, and lead to a much bigger headache, cop mite let you go especially once he find you have a clean record. Don't have a lawyer, demand the cop you want to speak to a public defender.
    KING summed it all up.
    @Toxin Fight the gun charge, and if they are attempting to charge you with anything other than a misdemeanor for the Marijuana tell your lawyer you would like to be put onto pre-trial intervention.

  15. #13
    Twin Cities's Avatar
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    Quote Originally Posted by Toxin View Post
    Why am I such a hardened criminal though.

    I'll update everyone after my meeting with the lawyer on Thursday. But my court date isn't until October 15th so I've got plenty of time.
    If everything goes bad, flee the country and go to Mexico.

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