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Can I File a Motion to Suppress For this??

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Mikebilich

Junior Member
What is the name of your state? FLORIDA

Alright, Heres what Happened.
On Thursday, April 14th, 2005 My friend Tony and I Walked to the 7/11 on Rattlesnake and 41. We went in and Bought a Drink and came out. We walked down the 7/11 sidewalk toward my friend’s house and as we came upon the grassy knoll, I look over and saw 3 or 4 unmarked cars parked in the parking lot and 6 or 7 Gang Unit guys, DEA officers, ICE agents, and Regular Cops just waiting around by the Cars. I cant remember the exact number of cars and cops because I was nervous that so many cops were starring at us and one started walking towards us. It was a female cop that approached my friend and I. She asked us what were we doing, what are our names, how old are we(I’m 16), and do we have any I.D. I didn’t have any I.D on me because I was wearing a pair of my other friend’s shorts because mine were dirty and he has some I could wear. Tony had I.D on him and he showed the officer. Then, More Gang Unit, DEA, and ICE agents came. Then, the female officer asks me, “What’s that in your Pocket?” [This is the Part im wondering if i can file a motion to suppress for....]I responded with, “It’s a Cell phone.” She pointed over to my left pocket, put out her hand and said, “That, Give it here.” In my left pocket was an empty pack of cigarettes that my friend told me to throw away as Tony and I were going to 7/11, I was going to throw it away in 7/11’s trash can outside. She took the pack of cigarettes and said, “You know you can go to jail over this right?” I responded with, “No. Their not mine” She looked in the Pack of Cigarettes and At the Bottom had a blunt roach. She told me to turn around and put my hands on my head. She cuffed me and began to pat me down. I told her that the pants i was wearing werent mine, but she didnt believe me. She patted the left bottom pocket and stoped and asked, “What do u have in here?” I said, “I don’t know, these aren’t my pants” She put her hand in my pocket and took out a bag of weed. She took the bag and put it the empty cigarette pack with the blunt roach. Then, they just made me sit down on the grass while they Ran up to this other guy walking down the same sidewalk at 7/11 as my friend and I were and they stopped him too and made him sit on the ground. It looked like they were just stopping everyone walking on that sidewalk. I was out of hearing distance but I could tell they were asking him questions. They called Travis, my Stepdad, to come. They gave me a notice to appear in court and let Travis take me home.

Can i File a Motion to Suppress?
 


S

seniorjudge

Guest
Mikebilich said:
What is the name of your state? FLORIDA

Alright, Heres what Happened.
On Thursday, April 14th, 2005 My friend Tony and I Walked to the 7/11 on Rattlesnake and 41. We went in and Bought a Drink and came out. We walked down the 7/11 sidewalk toward my friend’s house and as we came upon the grassy knoll, I look over and saw 3 or 4 unmarked cars parked in the parking lot and 6 or 7 Gang Unit guys, DEA officers, ICE agents, and Regular Cops just waiting around by the Cars. I cant remember the exact number of cars and cops because I was nervous that so many cops were starring at us and one started walking towards us. It was a female cop that approached my friend and I. She asked us what were we doing, what are our names, how old are we(I’m 16), and do we have any I.D. I didn’t have any I.D on me because I was wearing a pair of my other friend’s shorts because mine were dirty and he has some I could wear. Tony had I.D on him and he showed the officer. Then, More Gang Unit, DEA, and ICE agents came. Then, the female officer asks me, “What’s that in your Pocket?” [This is the Part im wondering if i can file a motion to suppress for....]I responded with, “It’s a Cell phone.” She pointed over to my left pocket, put out her hand and said, “That, Give it here.” In my left pocket was an empty pack of cigarettes that my friend told me to throw away as Tony and I were going to 7/11, I was going to throw it away in 7/11’s trash can outside. She took the pack of cigarettes and said, “You know you can go to jail over this right?” I responded with, “No. Their not mine” She looked in the Pack of Cigarettes and At the Bottom had a blunt roach. She told me to turn around and put my hands on my head. She cuffed me and began to pat me down. I told her that the pants i was wearing werent mine, but she didnt believe me. She patted the left bottom pocket and stoped and asked, “What do u have in here?” I said, “I don’t know, these aren’t my pants” She put her hand in my pocket and took out a bag of weed. She took the bag and put it the empty cigarette pack with the blunt roach. Then, they just made me sit down on the grass while they Ran up to this other guy walking down the same sidewalk at 7/11 as my friend and I were and they stopped him too and made him sit on the ground. It looked like they were just stopping everyone walking on that sidewalk. I was out of hearing distance but I could tell they were asking him questions. They called Travis, my Stepdad, to come. They gave me a notice to appear in court and let Travis take me home.

Can i File a Motion to Suppress?

Q: Can i File a Motion to Suppress?

A: Yes. I think the pack of cigarettes with the dope in it you're sunk on since you gave it up freely. But that pat on the butt stuff getting the weed sounds a bit fishy.
 
S

seniorjudge

Guest
Mikebilich said:
Alright, well a lawyer would be $3500. We dont have much money.

What would my chances of Actually winning that Motion to Suppress be? Because Thatd really suck if we waste $3500 AND get probation or what not for Something that wasnt even mine.
Since you had it, it was yours ... that is not the question. There is no way that you could convince anyone of anything else. Your story about swapping clothes is on its face ridiculous and no court in the world would accept it.

HOWEVER:

The question (as I see it) is if the stuff in your back pocket could've been legally searched for since (I assume) it was a soft package and could not have been a weapon.

You MAY have a chance here IF you get a good lawyer.

Probably $10K is what a good one cost.

Go for it.

Post back with results.
 

Shay-Pari'e

Senior Member
Mikebilich said:
Alright, well a lawyer would be $3500. We dont have much money.

What would my chances of Actually winning that Motion to Suppress be? Because Thatd really suck if we waste $3500 AND get probation or what not for Something that wasnt even mine.

Considering it was not yours, yet found on your person, I would opt for suing the person who placed it in your pocket.

This is a sure winner in court.
 

Mikebilich

Junior Member
Thanks for your Advice, i really appriciate it. But i guess looking over it im gonna plead guilty. Because i dont wanna sue my friend and i cant pay 10k for a good lawyer.
im sure all ill get is 6 months probation.

If i pled No Contest would that be any different?
 
Last edited:

Some Random Guy

Senior Member
The "I'm wearing someone else's pants" defense seems a common thread among drug abusers. I was wondering if any current or former police officers on this board could share how oftern they see this.

Although I am a guy (and girls may exchange garments more often), I can't recall ever borrowing some other person's clothing.
 
S

seniorjudge

Guest
Some Random Guy said:
The "I'm wearing someone else's pants" defense seems a common thread among drug abusers. I was wondering if any current or former police officers on this board could share how oftern they see this.

Although I am a guy (and girls may exchange garments more often), I can't recall ever borrowing some other person's clothing.
Mike, you were not charged with OWNERSHIP of the dope; you were charged with the POSSESSION of the dope. You can hardly deny that you were possessing it.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.
 

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