Spent the night in the pittsburgh,pa county(alleghany) jail

[Buck 5,000+ posts]

the reason for the stop was I was looked suspicious they asked me why I had 3 air freshners also hanging from my wiper arm beside my steering wheel which they would have never saw until they walked up to the car window because its below window level from outside i checked to see for myself already.. i honestly think they were just trying to **** with me.. the cop called in for another car to come and he asked if I had any weapons in the car I said I had a pocket knife that was closed in my middle consol and he grabbed that out of car then proceeded to start opening glove box and going through the rest of my car.

Unless they had probable cause, and the knife isn't, then they legally couldn't go in your car.

 

[Knowmadic 10+ year member]

stfu and get a lawyer asap. Tell him what happened and let him handle it. If you were wronged by that police agency' date=' not only will charges be dropped/thrown out by the judge, but you may be able to sue and come out better than you were.[/quote']
Please just stop.. He wasn't wronged; it was a legal stop albeit a little bit of a stretch that he was out searching for drugs but what followed was all perfectly legal. That is just how our justice system operates. So many people in the U.S. now simply just lawyer up without being informed on what is allowed to occur and end up wasting not only their time and money but other peoples time and money..

 

[jdawg90 10+ year member]

Please just stop.. He wasn't wronged; it was a legal stop and what followed was all perfectly legal. That is just how our justice system operates. So many people in the U.S. now simply just lawyer up without being informed on what is allowed to occur and end up wasting not only their time and money but other peoples time and money..

not really

 

[Knowmadic 10+ year member]

not really

Care to elaborate?

 

[jtomsic 5,000+ posts]

i just want the paraphernalia charge to be lowered to like disorderly conduct or something which is possible I dont want to spend money on an attorney the fines I will get are much much less than paying an attorney $1,000 to show up to preliminary, $2,000 for arrainment and $2,000 for the actual court date.... my dad just went through it for a dui and I saw how much he spent just on the lawyer and ended up still with a **** ton of fines to pay on top..

 

[AnthonyO 10+ year member]

The lesson in this: Stop carrying para in your damned glove box. Leave that **** at home.

And yes, probable cause gives the Police the authority to search your car. Now, you have the right to VERBALLY stop the search by saying "Excuse me officer, I am not resisting, but I do not consent to search of my vehicle". At that time the officer, if he feels you are hiding something (probable cause), can place you into custody, impound your car, get a search warrant and still search your car. Either way you would have charges for para. You would just have prolonged the process.

 

[Beatin' 10+ year member]

Please just stop.. He wasn't wronged; it was a legal stop albeit a little bit of a stretch that he was out searching for drugs but what followed was all perfectly legal. That is just how our justice system operates. So many people in the U.S. now simply just lawyer up without being informed on what is allowed to occur and end up wasting not only their time and money but other peoples time and money..

Being part of the pro-2nd Amendment community, I know a thing or two about the law, due to the high scrutiny in such a community. From what the OP stated, there was NO probable cause for the search and seizure. Unless he is hiding information, that alone will have all charges dropped and open the agency to a lawsuit, ESPECIALLY since they lost personal property. Not to mention, the insane cost of having your car at the police impound lot, which can be up to $100 a day. All that time and money lost must be paid back with interest.

Op you need a lawyer NOW. And stop complaining about money, this is serious shit.

 

[jtomsic 5,000+ posts]

a cop having your car towed is a racket though I paid **** near $300 just to get my car out... I thought that was a little messed up because every day it sat there it went up $50 so if I had not gotten out on my own I could have had an ungodly tow/impound cost.

 

[jtomsic 5,000+ posts]

Being part of the pro-2nd Amendment community' date=' I know a thing or two about the law, due to the high scrutiny in such a community. From what the OP stated, there was NO probable cause for the search and seizure. Unless he is hiding information, that alone will have all charges dropped and open the agency to a lawsuit, ESPECIALLY since they lost personal property. Not to mention, the insane cost of having your car at the police impound lot, which can be up to $100 a day. All that time and money lost must be paid back with interest.
Op you need a lawyer NOW.[/quote']

I told all the infortmation I'm reading it right off the sheet the cop typed up and what I remember actually happening. I dont know how I can pass state inspection with my tires but the cops can tell me the treads no good 2-3 weeks later on the same tires...I mean I know theres not alot of tread of the tires to begin with but I had never heard of such a ticket til that day.

 

[Knowmadic 10+ year member]

Being part of the pro-2nd Amendment community' date=' I know a thing or two about the law, due to the high scrutiny in such a community. From what the OP stated, there was NO probable cause for the search and seizure. Unless he is hiding information, that alone will have all charges dropped and open the agency to a lawsuit, ESPECIALLY since they lost personal property. Not to mention, the insane cost of having your car at the police impound lot, which can be up to $100 a day. All that time and money lost must be paid back with interest.
Op you need a lawyer NOW. And stop complaining about money, this is serious shit.

You don't need probable cause when you have reasonable suspicion.. You can stop and search a vehicle with reasonable suspicion.

 

[Beatin' 10+ year member]

You don't need probable cause when you have reasonable suspicion.. You can stop and search a vehicle with reasonable suspicion.

You are beyond idiocy. I speak with lawyers constantly on the many gun forums I frequent. They know what they're talking about. You don't.

The police can stop on reasonable suspicion. They need probable cause for a warrantless search. For example, if the cop comes to your window and says "hello" and see's a big bag of weed on the pessenger seat, there's the probable cause right there. "Get out of the vehicle sir......."

 

[jtomsic 5,000+ posts]

what about miranda rights? do they not have to read you your rights anymore? i was sitting there surprised they never gave them to me, but a guy in the holding cell with me told me they didnt have to read you them anymore and if they do they lie and say they did either way...

 

[Knowmadic 10+ year member]

You are beyond idiocy. I speak with lawyers constantly on the many gun forums I frequent. They know what they're talking about. You don't.
The police can stop on reasonable suspicion. They need probable cause for a warrantless search. For example' date=' if the cop comes to your window and says "hello" and see's a big bag of weed on the pessenger seat, there's the probable cause right there. "Get out of the vehicle sir......."[/quote']

You're saying I'm "beyond idiocy" when you're comparing apples to oranges. You speak with lawyers on gun forums when we're talking about a traffic stop where a vehicle was searched? Are you a lawyer or have you taken a Criminal Justice class? I don't believe so, I'd say I'm a fair bit more qualified on this subject then you. I'm looking directly at my notes that were taken while viewing a presentation prepared by the STATE on Citizen Encounters. OP has every right under the 4th ammendment to deny the officer from searching his vehicle but until OP states that he does not want the officer to continue or initiate the search of the vehicle the officer may do so and any evidence accumulated may be used as evidence.

 

[Knowmadic 10+ year member]

what about miranda rights? do they not have to read you your rights anymore? i was sitting there surprised they never gave them to me, but a guy in the holding cell with me told me they didnt have to read you them anymore and if they do they lie and say they did either way...

Miranda rights are only needed if you are placed under arrest, you were placed under investigative detention.

EDIT: They should have read you your rights when they decided to put you in the back seat of the police car to take you to the station, but since they didn't question you afterwards it most likely will be voided by the judge.

 

[jtomsic 5,000+ posts]

stfu and get a lawyer asap. Tell him what happened and let him handle it. If you were wronged by that police agency' date=' not only will charges be dropped/thrown out by the judge, but you may be able to sue and come out better than you were.
this happens all the time. The police will break the law constantly because they know from experience that they don't get punished for it because the victims of such harrassment don't legally push back. The victims just want the experience to end and never do anything about it.[/quote']

Miranda rights are only needed if you are placed under arrest, you were placed under investigative detention.
EDIT: They should have read you your rights when they decided to put you in the back seat of the police car to take you to the station, but since they didn't question you afterwards it most likely will be voided by the judge.

they did question me and they did place me under arrest as soon as he found the paraphernalia he told me to put my hands on car i was under arrest.. he questioned the **** out of me at station and tried to get me to snitch on someone for about an hour and i wouldnt i think i pissed him off cause i wouldnt