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  #1 (permalink)  
Old 02-25-2008, 10:02 PM
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I was walking to my car, as i walking to my car i noticed that the sherrif was parked behind me. i was getting into my car when the sherrif asked for my licsense and registration. I opened my car door and was gettin my registration out of my arm rest and then he asked me to pop my trunk, i then asked him if he had an warrant and he immediatly without telling me anything put me in handcuffs. the sheriff then searched my car and found a cd player in my back window( i keep it there when i turn my music then panel that covers my 6 by 9's is loose and it rattels and the cd player keeps it down) the sherrif then pops my trunk, mind you that i never gave the sherrif officer consent to search my vehicle, the sherrif finds another cd player that i had recieved from a friend in my trunk, the cd player was reported stolen. the officer then puts me in the back off the explorer. i repeatly ask the officer if i was arrested and if i was what am i being arrested for he says nothing. so he calls another sherrif car and he takes the cuffs the first sherrif put off of me and the new sherrif puts his on me, niether sherrif read me my miranda rights. when i get my bond paper it says that im being charged with receiving stolen property. Can the sherrif use the cd player that he found in my trunk as evidence for recieving stolen property since he opend my trunk without a warrant, and if the sherrif had probable cause what was it, there was nothing in my car that indicated that i had another cd player in my trunk.. if i could get a reply to this it would be greatly appreaciated.
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Old 02-26-2008, 04:10 AM
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Quote:
Originally Posted by bcooks View Post
I was walking to my car, as i walking to my car i noticed that the sherrif was parked behind me. i was getting into my car when the sherrif asked for my licsense and registration. I opened my car door and was gettin my registration out of my arm rest and then he asked me to pop my trunk, i then asked him if he had an warrant and he immediatly without telling me anything put me in handcuffs. the sheriff then searched my car and found a cd player in my back window( i keep it there when i turn my music then panel that covers my 6 by 9's is loose and it rattels and the cd player keeps it down) the sherrif then pops my trunk, mind you that i never gave the sherrif officer consent to search my vehicle, the sherrif finds another cd player that i had recieved from a friend in my trunk, the cd player was reported stolen. the officer then puts me in the back off the explorer. i repeatly ask the officer if i was arrested and if i was what am i being arrested for he says nothing. so he calls another sherrif car and he takes the cuffs the first sherrif put off of me and the new sherrif puts his on me, niether sherrif read me my miranda rights. when i get my bond paper it says that im being charged with receiving stolen property. Can the sherrif use the cd player that he found in my trunk as evidence for recieving stolen property since he opend my trunk without a warrant, and if the sherrif had probable cause what was it, there was nothing in my car that indicated that i had another cd player in my trunk.. if i could get a reply to this it would be greatly appreaciated.
He doesn't need a warrant.

If the CD player was from a friend, why was it reported stolen? Who reported it as stolen and who told them you had it? Why are you worried about it being used as evidence if it is "from a friend"?

I could go further into the legalities of what happened and why it was or wasn't legal, but nothing frustrates me more than lies. Obviously, you are lying about the CD player being "from a friend" or you wouldn't be worried about it being used as evidence. If it was from a friend, all you have to do is have the friend prove it is his and testify to the same, case dismissed.
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Old 02-26-2008, 08:44 AM
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the cd player is from a freind, but there is a possibility that he stole it. and if it is im not going to give them my friends name. so the police can just search my car and trunk like that without a warrant or probable cause
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Old 02-26-2008, 06:14 PM
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Originally Posted by bcooks View Post
the cd player is from a freind, but there is a possibility that he stole it. and if it is im not going to give them my friends name. so the police can just search my car and trunk like that without a warrant or probable cause
I cannot give you an answer with partial information. Answer the questions I asked if you want an accurate answer. If there is a possibility (oh, please, as if) it is stolen, what are you doing with it? That is, in a nutshell, the crux of receiving stolen property. And, no, the police don't need a warrant to search your car.

Last edited by GentleGrace : 02-26-2008 at 07:12 PM.
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