Wednesday, February 10, 2010

False ticket after being searched and patted down. Help me for the court hearing?

I was driving home the other ight from a friends house and stopped at a stop light. a cop pulled up in the lane immediately perpendicular to me. my light changed and i slowly accelerated very aware that a cop was sitting there. i noticed that the cop then turned and followed me to a second stop light about 1/4 mile away. i was very aware that this was happening and was driving 35-37 in a 35. i got to the light and made a full stop and waited for it to change. as soon as it changed i slowly started to accelerate and boom the lights come on. I pulled over he came up to my window and asked for DL yada yada yada. he came back to my car and asked some questions then another cruiser pulls up. they ask me to step out of my car which i do. they ask me to search the vehicle which i say no to. then they sit in their cars and wait for about 10 minutes. then another unmarked cruiser pulls up and they bring a dog out to sniff the car. according to them the dog 'hit' on my car which gave them the right to search it. following a lengthy search of the vehicle they find nothing. after the finish searching the vehicle they then have me put my hands on the car and pat me down. they also find nothing. they finish that up and then the another cop pulls up ad just starts to BS with the other ones. finally after 45 minutes of standing on the side of the road the cop who originally pulled me over brings me to the back of his cruiser and writes me a ticket for doing 45 in a 35. Not only is this a lie but i feel like this lie perpetrated the search of my vehicle therefore making the search illegal and a violation of my fourth amendment. i plan on setting a court date tommarrow. any advice on what to do?False ticket after being searched and patted down. Help me for the court hearing?
The legal principle you are referring to is called the Exclusionary Rule, commonly referred to a The Fruit of the Poisonous Tree Doctrine. It states anything that arises from an illegal act is not admissible in court. The problem is, the officer is alleging you were speeding. That happened before the search, not after. Therefore, the Exclusionary Rule does not apply.





Keep in mind it was not how fast you were going when you saw the officer, it was how fast you were going when he saw you. It is possible you were clocked long before he pulled next to you.





Officers with computers in the car will sometimes run your plate and wait for a return before they stop you. This could take a couple minutes. That would explain the delay in stopping you.





You can request a copy of the officer's report from the department, or from the prosecuting attorney if you plea not guilty. His report will indicate where you were clocked doing 45, and what method he used to clock you.False ticket after being searched and patted down. Help me for the court hearing?
Take it to court and contest the ticket. Many officers are too busy to show up and sometimes judges will clear the case on your favor. Good luck.
The first bit of advice I give you is to not mention you believe the search to be a violation of your fourth amendment right, because it wasn't. Unless you are trained in drug sniffing dogs and can attest to the fact that the dog was not set off by your car, you have no case. A dog can sniff your vehicle without a warrant. They state the dog gave them an indication that there was illegal drugs in your vehicle, which gives them the ability to search your vehicle. Your fourth amendment rights were not violated, regardless of how you feel.





If you have proof you were not speeding, and the officer didn't have you on radar, you will have a case, but if it's your word against theirs, you are more than likely going to lose. You have a better chance of winning if the officer doesn't show up, but you are not guaranteed to win simply because they don't show up. Be respectful and if the judge finds you guilty, ask for leniency on the fine.
The Supreme Court has determined that you have the right to not give consent to a search of your vehicle. If a cop has reasonable suspicion that a crime is being committed he wouldn't ask for permission. They HATE it when you exercise your rights. The dog search is permissible however.





Basically you pissed them off and they made you pay for it. Fight the ticket but you may have to get a lawyer to do it. Keep in mind, though, that this will further piss them off. If you live in this town, pay the ticket and let it go.
boy are you really that you know...off the wall ? you need to pay the fine and get on with life and the next time you get pulled over and have nothing to fear when the cop asks to search your car say please do officer is there anything else that I can do or say to help you ?

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