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  #1 (permalink)  
Old 04-11-2008, 11:23 AM
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Default Marijauana Posession and Trespass

I was with my girlfriend and two cousins in a parking lot. The cops walked into the parking lot and knocked on the back window my cousin had a bag on him and the pulled the two of them out of the car and searched them and found one bag between the both of them (each had a bag) then proceeded to pull me and my girlfriend out and searched us then. I had a bag and she didnt all of us received the possession and trespass while my girlfriend didnt receive the possession just the trespass car. Any thoughts on this one and also is it legal for them to just come up to the car and proceed to check the REAR SEAT passengers any help is appreciated?! And what usually happens in a case like this?
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Old 04-11-2008, 03:32 PM
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Quote:
Originally Posted by shariffjames View Post
I was with my girlfriend and two cousins in a parking lot. The cops walked into the parking lot and knocked on the back window my cousin had a bag on him and the pulled the two of them out of the car and searched them and found one bag between the both of them (each had a bag) then proceeded to pull me and my girlfriend out and searched us then. I had a bag and she didnt all of us received the possession and trespass while my girlfriend didnt receive the possession just the trespass car. Any thoughts on this one and also is it legal for them to just come up to the car and proceed to check the REAR SEAT passengers any help is appreciated?! And what usually happens in a case like this?
LOL do you REALLY think they aren't allowed to search back seat passengers? What is the difference where they are sitting? If they couldn't search the back seat, everyone would just pass the bags of illegal substance to the back seat. It is just as illegal.

The Supreme Court has ruled against searches of locked areas under certain circumstances, such as a locked glove box in an impounded car, etc. But, backseat passengers? LOL just trying to picture the four of you all smooshed into the back seat so the cops can't search you. Allrighty then.

What happens now depends on a lot of factors--such as your state, your age, your priors etc and none of that information was provided in your posting.

Do her a favor and be the man she thinks you are , or at least be the woman she is ( without drugs ). If you don't care enough about yourself to obey the law, find it in your heart to care what happens to her at least.

Without more precise information, thats the best answer you will get.

Last edited by GentleGrace : 04-11-2008 at 09:32 PM.
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Old 04-16-2008, 02:55 PM
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i know its LEGAL what i meant is that doesnt it seem strange that they would
check the BACK SEAT of the car INSTEAD of the front seat of the car. I think personally its illegal search and seizure because noone was smoking no one filed a complaint and there is no sign that says you cant SIT IN YOUR CAR in a parking lot, my girl is fine she is not getting anything but a trespass charge of which I WILL be paying her ticket it just seems a little funny to me. So I think I AM the man that she thinks I am. I would never let her go down for me
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Old 04-26-2008, 09:51 PM
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Quote:
Originally Posted by shariffjames View Post
i know its LEGAL what i meant is that doesnt it seem strange that they would
check the BACK SEAT of the car INSTEAD of the front seat of the car. I think personally its illegal search and seizure because noone was smoking no one filed a complaint and there is no sign that says you cant SIT IN YOUR CAR in a parking lot, my girl is fine she is not getting anything but a trespass charge of which I WILL be paying her ticket it just seems a little funny to me. So I think I AM the man that she thinks I am. I would never let her go down for me

Not "letting her go down" for you is NOT the hallmark of a man. Not putting her OR yourself in that position in the first place IS.

Unfortunately, what you think about the law is irrelevant.

There is, from a legal standpoint, nothing wrong with them stopping you, or checking your vehicle for contraband. Now, had you been in your house, that would be different. But establishing probable cause (which, in turn, allows searches of cars) for vehicles is an entirely different standard. And, there are laws that prohibit sitting in cars, standing in parking lots, etc ( loitering).

My suggestion about being the man she thinks you are was intended to suggest you personally expect better of yourself than hanging around parking lots with illegal drugs in your car.
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