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possession in motovehicle

  • Thread starter Thread starter bobafuzz
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bobafuzz

Guest
Minnesota.

Hi,
I was parked on some country road waiting for my girlfriend. I was just sitting there reading it was dark so i had my dome light on with no other light. A car pulled up and parked behind me with their bright at me I couldn't tell who it was. A minute passed and nothing happens. I thought it must someone passing by thinking i needed help or something. So I openned the car door and walk toward them. Turned out to be a county officer. Their neighbors called the cop on me for a suspiscious vehicle. He told me to put my hand on the car and started to pat me down. Found a butterfly knife, he held on to it and said he'll give it back when he's done since they're legal. He took me to his car asked a few question and told him i was waiting for someone.

He was about to let me go but first he wanted to have a peek at my car. I said no and he asked me why i told him he had no reason to. He told my story seem suspiscious and i told him just drive me to where my girlfriend is at, just 2 houses down the road, to confirm my story, but he refused to and called in the K-9 unit. They didn't let the dog out but did search my car and found marijuana and paraphenilia. So i got a ticket for for possession in motovehicle and drug paraphenilias.

He told me it's just a fine i don't have to go to court or anything, but i can if i want to fight it. Should i go to fight it? or should i just pay the fine and plead guilty? Any advice suggestion would be appreciated. Sorry for long post.
 


HomeGuru

Senior Member
bobafuzz said:
Minnesota.

Hi,
I was parked on some country road waiting for my girlfriend. I was just sitting there reading it was dark so i had my dome light on with no other light. A car pulled up and parked behind me with their bright at me I couldn't tell who it was. A minute passed and nothing happens. I thought it must someone passing by thinking i needed help or something. So I openned the car door and walk toward them. Turned out to be a county officer. Their neighbors called the cop on me for a suspiscious vehicle. He told me to put my hand on the car and started to pat me down. Found a butterfly knife, he held on to it and said he'll give it back when he's done since they're legal. He took me to his car asked a few question and told him i was waiting for someone.

He was about to let me go but first he wanted to have a peek at my car. I said no and he asked me why i told him he had no reason to. He told my story seem suspiscious and i told him just drive me to where my girlfriend is at, just 2 houses down the road, to confirm my story, but he refused to and called in the K-9 unit. They didn't let the dog out but did search my car and found marijuana and paraphenilia. So i got a ticket for for possession in motovehicle and drug paraphenilias.

He told me it's just a fine i don't have to go to court or anything, but i can if i want to fight it. Should i go to fight it? or should i just pay the fine and plead guilty? Any advice suggestion would be appreciated. Sorry for long post.

**A: yes, you should fight it.
 

JETX

Senior Member
"Should i go to fight it?"
*** What kind of defense do you plan on using??

"or should i just pay the fine and plead guilty?"
*** See above.
 

stephenk

Senior Member
just curious, why were you parked 2 houses from your girlfriend's place instead of waiting at your girlfriend's place? She must have been home because you told the officer to speak to her to verify you were waiting for her.
 
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drugfree

Guest
should you fight it?

[sorry my replie is so long]
personally i think you should fight it, but looking at the facts the court probally wouldnt be in your favor. any ways, just about the same exact thing happened to me (although it was in california), and i thought mabey this story would help.

i was pulled over on a small residential road with my cab light on, when all of a sudden a cop pulled up and knocked on my window. i got out of the car and he told me i looked suspicious pulled over on the road like this, i told him i was just reading the map. but he insisted on searching my car under no grounds. after searching the car i too recevied a ticket for possesion and drug paraphinilia.

i decided to go to court and fight it, under the defense that it was my sissters car that i was borrowing, but the court was still not in my favor. so they ended up drug testing me and i failed thus loosing the case.

so, what would your defense be? would you pass the drug test?
 
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bobafuzz

Guest
to JETX:

I have no idea what kind of defense i'll be using i'm pretty much cluesless on what to do.

stephenk:

It wasn't my girlfriend's house it was her relative or parents' friend. I parked 2 houses down because they don't like me much. she told me to wait for her in case she doesn't wanna be there she can just walk out and leave with me. no i'm not a stalker :p

drugfree:

well the car is under my parent's name for cheaper insurance purpose. yes i would pass a drug test. would my parents have to get involve in anyway if i use this as a defense

the officer also found a switchblade in my console, they're illegal to own :( and a BB gun under the seat. He took both and told me since i've been cooperating he won't charge me for the weapons. Even though the gun isn't illegal he's still gonna confiscate it because weapons and drugs doesn't mix. Is he able to bring that back up in court and get me for it?
 

Xanque

Junior Member
Doesn't sound like the cop had probable cause for searching your car, I'd definitely fight it.

--NOT a lawyer, just a former partier.
 

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