I have recently been arrested for minor marijuana possession, but I am also under supervisory treatment for an earlier (six months ago), similar charge, for which I was granted a conditional discharge. The officer arrested me when I said there might be substances in the car, before actually finding a substance. He searched the car in which I was a passenger after putting the driver and me in handcuffs. The hostility and lack of courtesy I faced from the officer hinted towards him simply fishing for an arrest with traffic stops. Having someone take the bait, my saying there might be substances in the car, his enthusiasm ensued for he arrested us before a substance was found. That might not be significant because in the end, a substance was found. Nevertheless, the officer's behavior was unprofessional and I would like to know if these are grounds upon which I could avoid any consequences.
I feel my case is not serious enough to warrant imprisonment but for now, it's a crime nonetheless. The fear of jail time is looming over me for I have already been granted a conditional discharge. It seems to be a long shot, but would it be possible to avoid jail time and atone for my charges in any other way? Thank you for your consideration.

Quote:

---

Originally Posted by soulercell

...The officer arrested me when I said there might be substances in the car, before actually finding a substance. He searched the car in which I was a passenger after putting the driver and me in handcuffs. The hostility and lack of courtesy I faced from the officer hinted towards him simply fishing for an arrest with traffic stops. Having someone take the bait, my saying there might be substances in the car, his enthusiasm ensued for he arrested us before a substance was found. That might not be significant because in the end, a substance was found. ....

---

Police officers are not required to act with courtesy. But He did need to have probable cause to stop the car in the first place. What was his excuse for stopping you?

Hello s:

I'm sorry to tell you that being arrested by an a$$hole cop ISN'T grounds to have the charged dismissed.. They're ALL a$$holes..

I'd hire an attorney.

excon

He said he stopped us because we we're all over the road, we were driving in a single lane for at least five exits before he saw us and continued in it the whole time before he pulled us over.
The traffic ticket he wrote was for an unsafe lane change, which did not happen nor could he have witnessed such a thing. He was in the fast lane, pulled up next to us, drove up ahead a little bit, then slowed down and pulled up behind us, after which his sirens went on. We were obeying the speed of the flow traffic and were not driving recklessly.
Is this information helpful to my situation despite the officer finding substances?
Tremendous thank you for replies and help.

Hello again, s:

I think the search was illegal... Or at least it LOOKS like it could be illegal... I'd hire an attorney.

excon

Quote:

---

Originally Posted by soulercell

He said he stopped us because ... an unsafe lane change, which did not happen nor could he have witnessed such a thing. ...

---

It's plausible that he saw you do an unsafe lane-change a long time before he stopped you, and was observing you for a while. Did the unsafe lane change ticket recite the pariculars of this alleged maneuver?

Also, it's possible that he has a video record of the alleged unsafe lane change. Your lawyer might want to request discovery.

I've consulted with a few lawyers and I am going to speak to a few more before choosing one. They also mentioned that the search doesn't seem proper. I'm surprised and saddened that honesty's been working against me when it comes to the law, police take advantage of the respect some have for them and railroad them, most likely because it's profitable and seems correct in the eyes of the law. They use criminal tactics to coerce people into giving up their rights, and I was ignorant that obedience wasn't the only option. It's about time I learned honesty isn't the best policy.
The traffic ticket doesn't describe the maneuver, my friend was also notified that he was slapped with another traffic ticket, failure to maintain lane, for the situation in which we were arrested. This wasn't in the original charges we received and it seems like they are trying to beef up their probable cause.
We're definitely going to get the recording to review the traffic stop and search, we'll also be able to review what was said and when for consistency and truth to build a better case from there.
Would it be possible to fight the extra ticket my friend was charged with and possibly use it against them? It was assigned after the fact and he hasn't received any notification of the charge, no physical ticket, we're only aware of it because it was on the list of complaints we received after rescheduling our court date. It seems like an extra probable cause ticket. If he's being charged with it, why didn't the officer write it out in the first place?
Thank you for your time and help.

Hello again, s:

Yeah, the world isn't a nice place.. Sure the guy can fight the ticket... But, it's a TICKET.. You pay it and you go on your way.. A marijuana conviction follows you the REST OF YOUR LIFE...

Hire the lawyer who will challenge the search..

excon

You are having more problems than others addressed here, first you already had one charge that is pending conditional dismissal, guess what, that is not going to happen, since this violates those conditions, so you get to be sentenced for that first charge and this will be charge number two you get charged with. Now I don't see jail time still, but probation and fines. And a new criminal record of two convictions.

If you can afford 5000 to 10000, hire a top attorney, perhaps the case can get thrown out because of cause for the stop. But the reasons given is valid for a stop, we were trained with those exact reasons at training for doing drug stops.