USA - Arrested... AHHH!!!!!!

[m.swinehart81]

So swim was driving through the state of Nebraska about a week ago and was pulled over for speeding. Swim had lost his actual license and when the officer pulled up his info it turned out that his license had expired. The officer wrote swim a ticket for speeding and driving without an operators license. He then asked if he could search swims car. Swim told him he could search the car but he didnt want the officer to search his backpack due to there being personal effects in there that he didnt want the officer to be going through. The officer said ok and put the backpack on the hood of the car. He searched the car and then still ended up searching the backpack. He found a couple of pills of clonazepam, 2 spoons with heroin residue, some cottons that were used when shooting up heroin, and some needles. Swim was arrested and charged with speeding, driving without an operators license, possession of a controlled substance, and possession of drug paraphernalia.
Swim has gotten a lawyer but hasnt been able to meet with him yet. He is sure that he has a good lawyer because he knows of other people that have used him and he has done a great job. What I am wanting to know is what swim could get for these kinds of charges. Any of you swimmers have any advice or info to give?

[Coconut]

Meet with the lawyer as soon as possible and do not talk to the police without him present.

That's all I can think of.

[Guigz]

First point...a good lawer! swiy has already one.

Any prescrition for the clonazepam? I doubt it, but we never know...

Swiy admit the fact that he used this spoon and needles for injecting heroine?
What did the cops said for this materials? And what the driver said about this material?

My needles? For botanial exprerience, extraction of resin on Populus deltoides, for student research on collége ( Swiy's, or his friends, or his oncle...)

An analyst for 2 spoon with "residute" waooo, in nebraska the cops don't have too much to make...seriously? If they don't pratrice analyze ( analyze with all paper administration etc is long and coste some $, maybe they did'nt make this analys?)
He can tell that's because he love caramel, always a spoon and 5gr of sugar to instantinaly caramel...what else?

Coton was here for fucking anal bleeding induce by hemmoroides, i can show that if you want...

Secondly, no substance in his housen event if there'not schedulded.

Swim don't know if they used toxicology blood analyze to incriminate people but if they're, he cant tent to avoid drugs but if we"re talking about Hero, it's seems not really easy.
In this case of figure he can tent to obptain a prescrition for pain with codeine or other one alkaloid ( they don't use MS and GC, too expensive ) with that his blood test was positif for opiate but he have a precprition...so...byebye the cops.

Swim hope that swiy did'nt talk too much with this cops, Swim know one absolute rules in this case...shut you mouth until you didn't see your lawer.

If swiy did'nt talk too much and having a goog lawer, good chance to just pay your speeding effraction.

Swim telling this without knowledge of law in Nebraska...yes North of France is very far from swiy, but here this method with comparative is OK.

All the best, especially chance!
Good courage!

[sirmoonie]

Lesson is NEVER consent to them searching your car. No qualification - just NO. If they had cause to, they would without your permission. They only ask because they don't have cause, and they know many people - even people possessing - are too dumb and/or scared to say No.

Do what your lawyer says. Tell him to focus on getting the evidence suppressed, if you truly didn't consent to the backpack (the police report may say something else). Also, don't tell any of the lies recited immediately above to your lawyer. You won't get the full benefit of representation if you lie to a lawyer. Lying to one's lawyer is about the dumbest thing you can do when in The System.

Good luck, Magoo.

[dadrone]

Why do people let police search their car?

No is an acceptable answer unless there is a Cheech & Chong mushroom cloud coming out when you roll the window down...

[Greenport]

SwiM's no lawyer but it sounds to swiM that the officer searched the backpack illegally since swiY said for the officer not to search the backpack and he did anyways. SwiY should have retold the cop when he went to look in the backpack. SwiM hasn't heard of any cases where a citizen asks a cop not to search certain areas lol but it might be worth a shot. Although likewise asking a cop not to search in a specific place might warrant probable cause and that would probably be the card they pull.

Get a good lawyer and be sure to mention that!

[sweettea]

Below is some information borrowed from an article. Bottom line: A good lawyer is a must, and interpretation of the law will depend heavily on the law in Nebraska and how the Judge interprets previous similar cases.

The Fourth Amendment: Protecting Your Privacy

The Fourth Amendment to the U.S. Constitution reads as follows:

"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."

The search and seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.


The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if:

• the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or
• the particular circumstances justify the search without a warrant first being issued.

When the Fourth Amendment Doesn't Protect You

The Fourth Amendment applies to a search only if a person has a "legitimate expectation of privacy" in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues.


Courts use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched:

• Did the person actually expect some degree of privacy?
• Is the person's expectation objectively reasonable -- that is, one that society is willing to recognize?

For example, a person who uses a public restroom expects not to be spied upon (the person has an expectation of privacy) and most people -- including judges and juries -- would consider that expectation to be reasonable (there is an objective expectation of privacy as well).

Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a "search" and would be subject to the Fourth Amendment's requirement of reasonableness.

What Happens When A Search Violates the Fourth Amendment

If, upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal. This rule, established by the U.S. Supreme Court in 1961, has come to be known as the "exclusionary rule."

Some defendants believe that if they can show that a search was illegal, the case must be dismissed. Not true. If a prosecutor has enough other evidence to prove the defendant guilty, the case can continue. Also, the illegally-seized evidence can be:

• considered by a judge when deciding on an appropriate sentence following conviction
• admitted in civil cases and deportation cases, and
• in some circumstances, be used by a prosecutor to impeach (attack the credibility of) a witness who testifies in the trial.

[anonuser30500]

I thought that any American, pulled for speeding, would stop, turn off the engine, close all windows and place hands on steering wheel and wait for cop.

At that point, if cop wants you get out of the vehicle, you do so and lock the door.

Saying to a cop politely 'sorry officer, but I don't agree with illegal searches' ought to cover you unless he or she sees something obvious such as a bong on the back seat, needle on the dashboard and so on.

Searches, for no good cause, are illegal because America took the best of the UK laws and kept them. Private property and your person is held sacrosanct in the USA by constitutional rights. Know those rights! Cherish them! Your are lucky as hell in the USA in some ways.

In the UK - we have no such rights. Cops can stop you and search on a whim. In theory they need a reason but in reality there are so many reasons to suspect you its easy to search cars or homes.

As ever, if your in trouble with the law get a solicitor or some legal help.

Good luck.

[Vein_Banger]

I dont know about other countries, but in the States you are more than within your rights to refuse any search! But on the same note, the police will then call in the K-9, run the dog around your car to see if it "alerts" anywhere on your car! If the dog DOES alert, that gives them probable cause, then they dont need your consent! Yup, damned if you do, damned if you dont!!!!!

[Greenport]

Originally Posted by Vein Banger

I dont know about other countries, but in the States you are more than within your rights to refuse any search! But on the same note, the police will then call in the K-9, run the dog around your car to see if it "alerts" anywhere on your car! If the dog DOES alert, that gives them probable cause, then they dont need your consent! Yup, damned if you do, damned if you dont!!!!!

Yeah, but that's only if they really want to spend the time to actually call out a dog to your location and have it sniff.

Simba supposes that if swiY is ever transporting large amounts of drugs from one location to another then perhaps it would be a good idea to put a big chunk of meat in the back seat or somethin to throw off the dog...no idea if it would work but idk any dog that would turn down a big chunk of meat

Course that's not practical for swiY's 20-bag. The best thing swiY can do when in a car is to lock up all drugs and paraphenalia in the glove-box, lock all doors and windows when a cop pulls swiY over, refuse the search respectfully (don't be all suspicious about it) and 'if' they call the dogs and find it then swiY can say it was safely locked up in the glove box out-of-reach and therefore can avoid anything more than a fine.

On a related note - has anyone ever watched that show DEA? Simba was watching an episode of that where they were searching this person's car...and he means they literally tore the whole goddamn thing apart looking for drugs. Think they eventually found something or another in a hidden compartment in the seat or something by straight ripping a hole in it...

They 'really' wanted to find those drugs hahah

[Chronix]

Originally Posted by Greenport

Yeah, but that's only if they really want to spend the time to actually call out a dog to your location and have it sniff...

SWIM lives in Colorado and has been pulled over more times than he can count, He has never had a k9 unit called to his location due to smooth talking the piggies.

But the town he lives in has its own police force with several k9 units (one on call at all times but sometimes more) and then the county he lives in has a completly different police and even more k9 units that just patrol the county. Several of SWIMs friends have been pulled over and thought they were gonna get away only to see the the sniffer unit pull up behind them. They dont seem to hesitate whatsoever to break their dogs out (the county police k9 units have the dogs ride around in the car with them and on a few occasions friends of SWIM have been pulled over by the k9 unit directly)

Theres just so many police around here that they will do anything they can to see some action which mostly means tickets for not stoping 3 whole seconds at the stop sign and fucking kids over for drinking and smoking pot

[ÅrcaneMage]

Originally Posted by m.swinehart81

he didnt want the officer to search his backpack due to there being personal effects ?

Swiy just gave swim possibly a great idea.
Put yourself in the officer's position. You've just admitted there's personal things in your satchel. The officer is immediately going to be suspicious of that bag. Well when he checks it he would expect to see "drugs" "paraphernalia" What if he came across Anal beads, dildos, buttplugs, etc... Well he's going to be immediately discouraged to continue is obviously fruitless search and might be very disgusted. But what the policia does not know is that the anal beads are hollow and filled with different substances. The dildo has a pipe in it. the butt plug...smells bad.
: \ realizing he hasn't caught a druggie he's simply embarrassed a closet case homosexual he puts it back apologizes and gives a ticket for speeding and sends the sodomizer on his way. Just another way Swim likes to reverse the gears that turn the world : ) hopefuly when I get a blog figured out I can post more ideas such as this. (but maybe some that have nothing to do with sticking things in your anus : \

Reputation Comments on this post:

This post made me laugh :)

[rave_girl]

what?!? maaan i wish you luck get a good lawyer and just dont talk to anyone but the laywer who asks you about it

[sweetsweetmary]

Be honest with you cops can do what they want. As someone has said, the cop will just say that you were acting shady, which in turn gave him probable cause. And when they search your car, that includes anything that is in it. So when you consented to the car, you consented to the backpack, and the trunk.

[Vein_Banger]

Well, in Tennessee, if you refuse the search, the cop will call the K-9 unit everytime! I'd be willing to bet on that!! And believe you me, the dogs WILL alert on your car even if it IS clean!!! Like WTF, i know right!!!

[rbegoniaz]

That sucks doesn't it.Swir has had a "few" exchanges with police officers and the "LAW".You really do learn what a bunch of bs our legal system is.Swir will now recount what happened with Swir,but Swir got a public offender and resides in ca.Here we have what's called the Prop 36,which is every resident in ca who has no previous drug charges are allowed to a drug divertion program.The amount of drugs is under 2? not sure of amount,but is thought as Personal.So if baggies or scales or anything that they interpret as sales is found no divertion.Swir was busted with 2gsH with riggs cooker the whole 9 yds.Swir did the court ordeal an got prop 36.It was voted in because the jail where filling up with your basic drug users and some pretty stiff sentences.Anyway that said it costs $500.00 to get in.the first level is drug education films discussions etc.if you complete it Swiy's first charge is dismissed.off swiyour's record.Failure to finish puts person up to level 2 where there is piss testing and so on.
The cop pulled Swiy over for speeding.That right there gives the cop probable cause to search.At least in ca.The fact that swiy was driving on an expired license as well.Anytime the law is presumed broken allows those fucks in.There was a time whem swir bf had warrant out and they came to swio residence and board swio boat went in without swir's permission to look for bf.They couldn't come up with bf,but they did find Swir's stash.Well it was just sitting there.They(cops) told Swir that because they where looking for bf that's all they could do and take.Swir breaks into a sweat just thinking about it.That said ,they waited,and waited,time went by and BAM.Swir was driving on suspended and got pulled over for no reaso,as usual they were "fishing" but they got Swir.That's when the prop 36 comes in.Swir knows it's a scary deal and some would rather avoid it and miss court dates etc.get warrants issued...Don't,get a lawyer as mentioned and if Swiy has never been charged it wont be that painful,maybe time consuming but not to tragic.Swiy HAS to get representation.Enough said.Do it and good luck