possession charge

Jun 1st, 2008, 04:53 PM

recently on may 21 i was driving on rt. 206 south through montgomery, nj. while driving through montgomery there was a seatbelt check in the middle of the road (i think thats wat it was) and while driving through i was re-directed by an officer into a parking lot because the officer noticed that i had no inspection or seatbelt on. so i pull in turn my car off. officer comes to my window gets all my information and asks me why dont i have my car inspected. i politely tell him that i just got back from florida for college and i hadnt had the time to do it yet. then out of nowhere he asks me to step out of the car to the front. while im at the front, he asks me "am i going to find anything illegal in this car?" i say no. at this time i have my marijuana grinder in my pocket so i pretty much hand the officer it thinking well hes going to find it anyway and i say "here is a grinder" but i think the officer took it as if i said it was mine. then he finds a butt end of a marijuana cigaratte in my back seat of the car and finds about .5 of marijuana in a ziplock bag. i say that the butt is not mine but i cant remember if i said the bag was mine or was just thrown in the back seat of the car. so obviously they handcuff and arrest me but DO NOT read me my rights. i get put in the back of the car, taken to the police station booked and let go (so maybe tahts why they didnt read me my rights?)

i have 3 questions:

1.there is an error on the ticket, they wrote taht my car was tan when it is black
2.they didnt give me a reason why they searched my car because there was no reason. do i have a case against that?
3.i didnt get my rights read to me, do i have a case against that?

Jul 28th, 2008, 01:08 AM

They can't search your car without consent unless they have probable cause. Your grinder I would think is probably cause enough. They don't have to read you your rights either.

Aug 1st, 2008, 03:47 PM

1) A simple error isn't going to get the arrest negated. It could cause doubt if more than this was in error.
2) You handed them drug paraphernalia. That is probable cause to do a search of the car. Had you not handed it to them, they would have had no reason to search the car unless they smelled or saw the marijuana there. You could have denied them permission. They could have then brought in the drug dog. If it alerted on the car, that would have given them probable cause.
3) Weren't your rights read to you at booking or before being questioned?

Jun 1st, 2008, 04:53 PM	#1
Unregistered Posts: n/a	possession charge recently on may 21 i was driving on rt. 206 south through montgomery, nj. while driving through montgomery there was a seatbelt check in the middle of the road (i think thats wat it was) and while driving through i was re-directed by an officer into a parking lot because the officer noticed that i had no inspection or seatbelt on. so i pull in turn my car off. officer comes to my window gets all my information and asks me why dont i have my car inspected. i politely tell him that i just got back from florida for college and i hadnt had the time to do it yet. then out of nowhere he asks me to step out of the car to the front. while im at the front, he asks me "am i going to find anything illegal in this car?" i say no. at this time i have my marijuana grinder in my pocket so i pretty much hand the officer it thinking well hes going to find it anyway and i say "here is a grinder" but i think the officer took it as if i said it was mine. then he finds a butt end of a marijuana cigaratte in my back seat of the car and finds about .5 of marijuana in a ziplock bag. i say that the butt is not mine but i cant remember if i said the bag was mine or was just thrown in the back seat of the car. so obviously they handcuff and arrest me but DO NOT read me my rights. i get put in the back of the car, taken to the police station booked and let go (so maybe tahts why they didnt read me my rights?) i have 3 questions: 1.there is an error on the ticket, they wrote taht my car was tan when it is black 2.they didnt give me a reason why they searched my car because there was no reason. do i have a case against that? 3.i didnt get my rights read to me, do i have a case against that?

Jul 28th, 2008, 01:08 AM	#2
Unregistered Posts: n/a	Re: possession charge They can't search your car without consent unless they have probable cause. Your grinder I would think is probably cause enough. They don't have to read you your rights either.

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Aug 1st, 2008, 03:47 PM	#3
Unregistered Posts: n/a	1) A simple error isn't going to get the arrest negated. It could cause doubt if more than this was in error. 2) You handed them drug paraphernalia. That is probable cause to do a search of the car. Had you not handed it to them, they would have had no reason to search the car unless they smelled or saw the marijuana there. You could have denied them permission. They could have then brought in the drug dog. If it alerted on the car, that would have given them probable cause. 3) Weren't your rights read to you at booking or before being questioned?