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Lonelystar1 · Apr 22, 2013, 11:03 PM

A cop stopped my brother a few days ago 4 o clock in the morning a little ways from the house. The cop wanted to search his things. My brother refused the search but the cop searched anyway and found weed on him and arrested him. Isn't that an illegal search and seizure. They think he was part of a grand theft that happenend a few weeks ago but the only evidence they have linking back to him is a camera that shows someone who looks kind of like him.but it was very blurry and he had an alibi stating he wasn't there?

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joypulv · Apr 23, 2013, 01:31 AM

From the way you describe it, it does sound like illegal search and seizure.
But the cops seem to think they have probably cause. They may have more evidence than you think they have, such as someone naming him in the grand theft.
He can always pay a good lawyer instead of taking a young overworked public defender.

AK lawyer · Apr 23, 2013, 05:01 AM

What did they stop him for?

F the police were arresting him for the theft, clearly they had the right to search him when the arrested him.

On the other hand, if they stopped him merely to search him, the validity of the search is doubtful. Where did they find the grass? In his pocket? Somewhere in his car, and if so where?

excon · Apr 23, 2013, 05:35 AM

Hello L:

Looks ILLEGAL to me. In fact, it IS illegal, and the cop KNEW it.. I HATE cops.

excon

Lonelystar1 · Apr 23, 2013, 08:40 AM

It was in his backpack, along with his bowl. He didn't get arrested for theft, he got arrested for possession and paraphernalia. They don't have enough evidence to arrest him off the theft

excon · Apr 23, 2013, 08:43 AM

Hello again, L:

If he gets a good attorney, they won't be able to get him on the pot charge either..

excon

Lonelystar1 · Apr 23, 2013, 08:44 AM

Originally Posted by AK lawyer

What did they stop him for?

f the police were arresting him for the theft, clearly they had the right to seach him when the arrested him.

On the other hand, if they stopped him merely to search him, the validity of the search is doubtful. Where did they find the grass? In his pocket? Somewhere in his car, and if so where?

They stopped him because it was 4-20 pretty much. Maybe they were hoping to find stolen items on him. But the theft happened more than 10 miles away and like 2 weeks ago. Not to mention they didn't arrest him on Grand Theft. The grass was in his backpack in a plastic bag that was wrapped with clothing. It was only .4 but we live in Florida.

joypulv · Apr 23, 2013, 10:36 AM

Gather funds for a good lawyer. You must know by now it's about money, connections, power - oh and the law.

Lonelystar1 · Apr 25, 2013, 02:53 PM

He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

Lonelystar1 · Apr 25, 2013, 02:53 PM

Originally Posted by joypulv

From the way you describe it, it does sound like illegal search and seizure.
But the cops seem to think they have probably cause. They may have more evidence than you think they have, such as someone naming him in the grand theft.
He can always pay a good lawyer instead of taking a young overworked public defender.

He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

Lonelystar1 · Apr 25, 2013, 02:56 PM

A cop stopped my brother a few days ago 4 o clock in the morning a little ways from the house. The cop wanted to search his things. My brother refused the search but the cop searched anyway and found weed on him and arrested him. Isn't that an illegal search and seizure. They think he was part of a grand theft that happenend a few weeks ago but the only evidence they have linking back to him is a camera that shows someone who looks kind of like him.but it was very blurry and he had an alibi stating he wasn't there? He got arrested 6 days ago and we paid bail.. he is waiting for a court date

NOW!
He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

tickle · Apr 25, 2013, 02:58 PM

Probably with good reason, if I am reading between the lines. You can help your brother by being supportive of him, not making waves with the police and staying out of the way until he goes to court.

joypulv · Apr 25, 2013, 03:05 PM

I told you - you need a good lawyer. A lot of cases like this are about money and the cops know he can't (I assume) afford it.

Lonelystar1 · Apr 25, 2013, 03:05 PM

Originally Posted by tickle

Probably with good reason, if I am reading between the lines. You can help your brother by being supportive of him, not making waves with the police and staying out of the way until he goes to court.

Yeah but there is no proof linking him to the theft. I know for a fact he didn't do it because he was with me that day. Someone actually used my name and said I commit ed it, but since me and my brother are similar looking they are assuming he did it. The person that used my name can I charge her/him with slander? I mean she/he turned my name over to the police and I wasn't involved at all. That person triggered all these chain of events because they don't like me. Also the cops searched my brother without any warrant and arrested him off drugs and drug paraphernalia.. Isn't that illegal search and seizure... and today he was charge with resisting a police officer because he didn't let the police search his things. Like what the hell? Please provide insight?

Alty · Apr 25, 2013, 03:15 PM

I'm not a legal expert, so I actually have a question for the legal experts posting here.

Why would anyone agree to a search if they know they have drugs on them? No one would. By the time the cops got a search warrant, or whatever they need, the drugs would be placed somewhere else, or thrown out.

How are the cops supposed to catch people, if they can't search people? No one that's guilty will agree to a search. As it turns out, the OP's brother was guilty of having drugs and drug paraphernalia, in his possession. Of course he's not going to agree to a search.

joypulv · Apr 25, 2013, 03:28 PM

And you started this new post on this same subject as this morning because..?

joypulv · Apr 25, 2013, 04:40 PM

It's all about on-the-spot probable cause.
If the cops smell pot when they stop your car, they can search the car.
If someone is screaming behind a locked door, they can break it down.
If you are cruising some neighborhood not near your home at for a.m. Not probable cause. You could be taking people home from a late party, or be lost, or just be driving around, no matter how suspicious. This has been made famous under profiling accusations; cops stopping anyone in a junker or not white or both because they are in a rich white neighborhood.
A good lawyer would win.

Alty · Apr 25, 2013, 04:43 PM

Originally Posted by joypulv

It's all about on-the-spot probable cause.
If the cops smell pot when they stop your car, they can search the car.
If someone is screaming behind a locked door, they can break it down.
If you are cruising some neighborhood not near your home at 4 a.m.? Not probable cause. You could be taking people home from a late party, or be lost, or just be driving around, no matter how suspicious. This has been made famous under profiling accusations; cops stopping anyone in a junker or not white or both because they are in a rich white neighborhood.
A good lawyer would win.

Thanks for explaining Joy. That makes sense.

excon · Apr 25, 2013, 07:06 PM

Hello Alty:

The cops don't ask if they can search.. They ask if they can look around a little.. Sneaky bastards.

excon

AK lawyer · Apr 25, 2013, 07:20 PM

Originally Posted by Alty

I'm not a legal expert, so I actually have a question for the legal experts posting here.

Why would anyone agree to a search if they know they have drugs on them? No one would. By the time the cops got a search warrant, or whatever they need, the drugs would be placed somewhere else, or thrown out.

How are the cops supposed to catch people, if they can't search people? No one that's guilty will agree to a search. As it turns out, the OP's brother was guilty of having drugs and drug paraphernalia, in his possession. Of course he's not going to agree to a search.

Very good question. It goes to the heart of our constitutional right to be free from unreasonable searches and seizure.

The way the founding fathers might have explained it is this: our God-given right not to be subject to random searches of our property and persons is more important than the interest the government has in catching law-breakers. Therefore, in order to search our private stuff, the government needs a warrant, issued by an impartial judge or magistrate. Such a warrant should only be issued when the government is able to persuade the magistrate that there is reasonable suspicion that evidence of a crime will be found in the place to be searched.

Actually the way they did put that idea is this:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia

There are exceptions to this warrant requirement, but that is the general idea.