entrapment?

[shinrekka]

I've been thinking about this situation quite a bit lately, and how I can defend myself when i go to court. So... I was driving my buddys 01 jeep. I stopped at a gas station to get gas when I notice a ford taurus sitting in a parking lot across the street. They had no lights on but I could see 2 guys sitting in the car. Im not an idiot, i know there cops. I would of expected them to screw with me had i been driving my own car (ex-g/f stepdad is a cop) and he put a word out. I get gas (full serve) and make a left back onto main street. Cops come right out after me, they follow me for 9 miles or about 3 parts of town, nesconset,smithtown, then kings park. I get pulled over finaly, they had been riding my ass the whole time. I unfortunetly was speeding, speed limit changed from 55 to 40 but i wasnts paying attention because theres cops riding my ass. They immediatly say they saw me buy weed and smoke at the gas station and then they search my car. Keep in mind i did not smoke or buy any weed at the gas station. They pat me down, and do a full search of my friends car for 45 minutes while I stand out in the cold without a jacket (they wouldnt let me have it). They found a tiny tiny little peice on the floor and gave me a ticket for criminal possesion wich is a misdamener, and they kept screaming at me that they should bring me down to the precinct because im "f*cked out of my face" and arrest me for dwi. I had leave the car there for the night because they said its going to be watched and walk home 9 miles because i had no phone.

Now i've been searched atleast 30times in the last 6 months and they never find anything, the one time i drive a friends car I get busted. So im trying to figure out if they screwed up. I figure, theres gotta be something wrong with following me 9 miles, they were also hiding and did not have there lights on i beleive that is illegal (new york) , on the ticket they did not write any of the information of the car they just checked off that im the operater. Theres gotta be someway to get around this. I'd realy appreciate any help with this.

[pignose4life]

down here in cali i dont think its a criminal possession unless its over an ounce or something like that, you should check the new york laws

[2ilvia]

walked 9 miles in cold weather without a jacket (their fault) = sue

[!Zar!]

Entrapment is when you ask if someone is a cop and they tell you they aren't when they are.

You were hit with possession. Did they do a drug test? Have them check and see if it's in your system. That is if you haven't been smoking. Does your friend smoke?

Who knows, maybe they planted it.

[eastcoastS14]

meh you can fight the citation in court but other than that you really have no case....they followed you based on suspicion, technically you did not have to agree to allow them to search the car...in which case they most likely would have busted your balls even worse and could have had the car impounded etc. since they did find some weed in your car it confirms there suspicion to some degree in that there was weed in the car at one point or another. Fight the ticket but you wont win in court over anything else....in court its always the cops word against yours...file a complaint if you want but I doubt much else will come of it

[DRavenS13]

Source: http://www.a1b2c3.com/drugs/law08.htm

Drug Possession

Drug possession cases depend for their seriousness on the amount of drugs involved and the intent of the person in possession.

If the police and prosecutors charge you with possession with intent to sell then assuming the weight is not too great, you would face the same B felony sentences as if you had actually sold it.

That means a mandatory minimum of 1-3 if you have no felony record and a mandatory minimum of 4 1/2 - 9 if you do. If the weight of the drugs involved is significant (like more than an ounce of cocaine), then you would face LIFE IN JAIL.

One of the most dramatic issues in felony drug possession cases arises when drugs are recovered from inside a car.

When drugs are recovered from inside a car, the police usually arrest every person inside the car and charge every person with the same possession.

The law permits all passengers to be charged with and convicted of possession of drugs found anywhere in a car.

In fact, if such a case were to go to trial, the judge would specifically instruct the jury that your presence in the car with the drugs (no matter where the drugs were recovered) is enough for them to find that you KNEW the drugs were there.

This would be true even if the drugs were found in a secret, locked container in the truck of the car, it wasn't your car, and you were not driving.

The jurors would not be REQUIRED to assume that you knew of the drugs, and you could ARGUE that you didn't know about the drugs.

But understand that if the jury did not believe your ARGUMENT that you didn't know, you might well go to jail FOR THE REST OF YOUR LIFE (depending on the weight of the drugs).


This seems to be the standard for New York, under the draconian Rockefeller Drug Laws. I doubt it would go that far for you, since all they found was a roach (I'm assuming), but since they didn't arrest you and all they gave you was a ticket, you could maybe find a good lawyer and argue harassment.

If it's been less than a month since this happened, go get a drug test done- weed stays in your system anywhere from 25-30 days. Prove that you were not under the influence, and get a jury (or at least the DA) to believe that you had nothing to do with what was in the car, and throw in a little harassment suit threat in there.

[jesuchristo]

wtf does this mean????????

I would of expected them to screw with me had i been driving my own car (ex-g/f stepdad is a cop) and he put a word out.

[azndoc]

Damn so because of your ex you think they set you up.

Women are crazy, but cop dads are even crazier apparently.

[HalveBlue]

Entrapment is when you ask if someone is a cop and they tell you they aren't when they are.

No, that's not correct. Entrapment is defined as the forced commission of a known criminal act through coercian by a police officer.

Contrary to popular belief, a police officer does not necessarily have to reveal their identity even when directly asked by another party, i.e. an officer working undercover.

Anyway, back to the original topic.

Make a formal complaint to the IA division of your police department (if possible). If you really did get searched 30 times over a six month period - which amounts to an average of more than once a week - then there should be some kind of record.

Also, haven't you ever watched Cops? The people that get busted with drugs in their car always claim that it's A) their friend's car and B) didn't know that there were drugs in the car.

Neither excuse ever works.

[B Love]

Damn dude that sucks. I know out here unless its an ounce or more or seperated in alot of bags then its not a criminal charge. Maybe you will be better off speaking to a lawyer. But good luck with whatever you decide to do

[k's_silvia2.0]

Just plead the fif!!!

[SW20Racer]

dud i went to jail because i was giving a friend a ride to work and we got pulled for "looking suspicious" (nevermind the two hookers working the corner 50 feet behind us AT 7:30 IN THE MORNING). anyway they found a pipe on him and because he was in my car im guilty by association i pled not guilty did my probie time and called it a day

[shinrekka]

i did complain of harrasment, apparently there is no record of me ever getting searched except for this time and years ago when i was 17. My friend, who owns the car told me he wouldnt be suprised if they found weed on the floor, and as a matter of fact he got cought in his other car today. He had more then me but they gave him a ticket, but its not a misdameaner like mine. He just has to go pay the ticket.

Also, when i had my own car I was searched alot more then just once a week but of course, no record of any of that. And most of the time, whenever i ask for a badge number they yell "keep your hand on the f*cking hood and shut the f*ck up".

[TheWolf]

you should just avoid friends that do drugs... they're not really friends.

[SW20Racer]

^ for serious dude NONE of my friends have ever witnessed me doing anything illegal 'cause i dont trust a fucker.
(im no saint by any means i just dont have witnesses present)

[fliprayzin240sx]

Wow...talk about getting bent over and fucked with no vaseline....

[statik]

wow that really sucks, on long island too eh?

[exitspeed]

Get better friends that don't drive cars with weed on the floor that gets you fucked.

[KA24DESOneThree]

Or better yet, don't be so afraid of the cops that you get pulled over in the first place.

Maybe this will change your mind about smoking an illegal narcotic and, like exitspeed said, you will pick better friends.

[shinrekka]

meh i smoke weed because no one knows whats wrong with my stomach and its the only thing that helps the pain. Some like to drink, some like to smoke, i dont care what my friends do as long as its not dangerous. He was nice enough to lend me the car so im not gonna bitch about that. It just pisses me off that they followed me for so damn long, made me stand out in the cold/rain while they searched the car and then made me walk home after giving me a ticket for a misdameaner for a microscopic peice of weed.

[shinrekka]

wow that really sucks, on long island too eh?

yep suffolk county, pretty bad heroin epidemic over here in smithtown. Thats why everyone is getting searched/ pulled over. Whats parts are you from? I dunno if its that bad elsewere.

[DRavenS13]

meh i smoke weed because no one knows whats wrong with my stomach and its the only thing that helps the pain.

SO...... If you really have this problem, go to the doctor and get a medical weed card. Find a doctor that will give you one. Then, if you get caught for possession, even if the cops give you shit, you can go to court and prove that you use it for medical reasons, and it's done.

[Jung918]

^ I think california is the only state that allows this. Buy a camera and use it the next time you get pulled over. Also, get yourself an attorney.

[shinrekka]

Doctor dosent do anything but stick his thumb in my butt and say theres nothing wrong with me. So far i've had 20 different thumbs in my butt and thats not including my own. Doctors dont do shit but cost me money. And then they give me medicine that gives me uncontrolable diarrea when i already have enough of that. I'll probaly get a.c.o.d for 6 months or somethin. I cant afford a lawyer so thats out of the question.

[BustedS13]

searched 30 times, huh.
just a little bitty piece, huh.

[shinrekka]

searched 30 times, huh.
just a little bitty piece, huh.

uh yeah? My ex girlfriends step dad is a peice of shit cop. Im not retarded, i know everytime i get in the car theres a chance im going to get pulled over and searched so I never ever have anything in my car. And why is he having his buddies after me? Well when he attacked my ex girlfriend and her mom I was the one to hold him back and call the cops. So they took his gun, and several other things and now he sits in an office all day on his fat 500lbs ass and does paperwork. Thats why cops f*ck with me. Once I finish college, im hauling ass out of here. Until then im stuck here and have to defend myself against these people.

[Farzam]

Not entrapment

How is that entrapment

How much did they find on the ground.

Like a nug or a stem or what?

Get a lawyer.

[VROOOM]

you should just avoid friends that do drugs... they're not really friends.


this statement is retarded. just because someone does drugs does not mean they are a bad person or not really a friend. the Reagans got you hook, line and sinker.

[Edgar]

That sucks! I would fight that shit in court.
You can always pull some crazy shit and hire the mob or something.

[RUTH'LESSDET]

no entrapment

if they keep stopping you (for no reason:-/ ) then try asking for a badge #, a name (they are supposed to give that info)file a civilian complaint at your local pct. in nyc you can do that not too sure about LI. If your getting stopped for traffic infractions over and over (i.e. loud exhaust , tinted windows...etc) and you "give permission" for your car to be searched then you have no case.....Normally when a cop ask do you have anything in your car and you say "no" and then they "say so you dont mind if we search your car?" and you say "no you can search it" you just gave consent to a search......dont ask how i know just trust me!!!!
good luck

you'll problem just get a $90 fine in court and they will tell you say out of trouble for six months cpm 5 is nothing to worry about. You cant fight the fact that they found it, but you can argue that they didnt see you smoking it and it wasn't found on your person.... then the charge would be unlawful poss of marijuana which is only a violation i.e. a fine

[steve shadows]

down here in cali i dont think its a criminal possession unless its over an ounce or something like that, you should check the new york laws

I think down here in cali is criminal possession if your not hispanic or its over 20 pounds.

you can get a card for medical use here in hollywood for saying your brain feels funny

its fucking retarded

Just remeber RUDY RUDY RUDY RUDY (chants) you better get out the fucking vote and threaten all your parents to vote for Ron Paul
LOL

[RUTH'LESSDET]

I think down here in cali is criminal possession if your not hispanic or its over 20 pounds.

you can get a card for medical use here in hollywood for saying your brain feels funny

its fucking retarded


LOL

here in nyc cpm 5th deg (misd )is when you have marijuana in plain view or burning in plain view in a public place

[shinrekka]

no entrapment

if they keep stopping you (for no reason:-/ ) then try asking for a badge #, a name (they are supposed to give that info)file a civilian complaint at your local pct. in nyc you can do that not too sure about LI. If your getting stopped for traffic infractions over and over (i.e. loud exhaust , tinted windows...etc) and you "give permission" for your car to be searched then you have no case.....Normally when a cop ask do you have anything in your car and you say "no" and then they "say so you dont mind if we search your car?" and you say "no you can search it" you just gave consent to a search......dont ask how i know just trust me!!!!
good luck

you'll problem just get a $90 fine in court and they will tell you say out of trouble for six months cpm 5 is nothing to worry about. You cant fight the fact that they found it, but you can argue that they didnt see you smoking it and it wasn't found on your person.... then the charge would be unlawful poss of marijuana which is only a violation i.e. a fine


The cops that pull me over are 95% of the time are detectives and dont wear uniforms. 85% of the times i got searched it was by the same 2 cops and they refused to give a badge number. They drove a black navigater as well. They arrested my friend for having pms releif pills, it was midole i beleive. That was terrifying because we realy didnt think they were cops until we followed them to the precinct. Also you can tell them they cant search your car alll you want and they still will, they just pull the It smells like weed and then they can search your car. Quite a few times I was ripped out of the car and thrown against the hood and handcuffed wile they searched the car. There just screwing with me but its a pain in the ass. This time they couldnt of known it was me so i dont blame it on that, but just the shit that they did pisses me off. I was just hoping they did something wrong so atleast I can go to court with a plan. The only things I have on my record are making a right on red, and a cell phone ticket so its not like they will look at my record and see that im a bad guy.

Thanks tho, after i read that i felt my stomach loosen up a little.

[RUTH'LESSDET]

The cops that pull me over are 95% of the time are detectives and dont wear uniforms. 85% of the times i got searched it was by the same 2 cops and they refused to give a badge number. They drove a black navigater as well. They arrested my friend for having pms releif pills, it was midole i beleive. That was terrifying because we realy didnt think they were cops until we followed them to the precinct. Also you can tell them they cant search your car alll you want and they still will, they just pull the It smells like weed and then they can search your car. Quite a few times I was ripped out of the car and thrown against the hood and handcuffed wile they searched the car. There just screwing with me but its a pain in the ass. This time they couldnt of known it was me so i dont blame it on that, but just the shit that they did pisses me off. I was just hoping they did something wrong so atleast I can go to court with a plan. The only things I have on my record are making a right on red, and a cell phone ticket so its not like they will look at my record and see that im a bad guy.

Thanks tho, after i read that i felt my stomach loosen up a little.

no matter if in uniform or not they are supposed to give a badge number & name.....im not saying be a dick or anything and get yourself locked up but next time and ask to see what they say, write there plate # down something video tape it. Go to the pct and Speak to a supervisor, sgt or above and tell them you wanna make a complaint! if the pct is where your gf's uncle works then you have another problem on your hands.....you didnt hear this from me good luck

[B Love]

I think down here in cali is criminal possession if your not hispanic or its over 20 pounds.

you can get a card for medical use here in hollywood for saying your brain feels funny

its fucking retarded


LOL

The thing that sucks is this is so true hahahhahahahaahahahah

[OptionZero]

Hire a lawyer.

I find it hard to believe people seriously think that going to zilvia will net them legal advice.

If you have been searched 30 times in 6 months, it is either time to file an injunction, stop being stupid, or move the fuck away.

[shinrekka]

i'll move when im out of college, i dont have a choice in this situation. Im not coming for legal advice either. Just seeing if anyone has a similar situation. Theres alot of members on here, obviously some people have experiance or knowledge in this matter.

[motorsnail]

I dont know I just dont fuck cops daughters.........I mean I would do the same thing he did if you did what you did to his daughter to mine FOR SURE but yeah it sucks to be you:fruit:

[Rayne]

^ I think california is the only state that allows this. Buy a camera and use it the next time you get pulled over. Also, get yourself an attorney.

Actually there are 12 states that allow medical marijuana use.

In alphabetical order:

Alaska - 1999
California - 1996
Colorado - 2000
Hawaii - 2000
Maine - 1999
Montana - 2004
Nevada - 2000
New Mexico - 2007
Oregon - 1998
Rhode Island - 2006
Vermont - 2004
Washington - 1996

Article (http://www.norml.org/index.cfm?Group_ID=3391)

[Farzam]

I need to move back to Rhode Island...

[fliprayzin240sx]

Ill have a buddy follow me around with a camera in a seperate car and just throw yourself at these cops. Go find out which donut shop they go to, roll up in there, go buy some jelly donuts and see if they follow you. If they follow you and harass you again and threat you the same way your describing it, while having the whole shiet on tape...you got yourself a nice fucking lawsuit and lots of mooooooniiiiiieeeeessss!!!

Cops, I dont have a problem with them, specially when i know im in the wrong. But power trips are something else.

[Rayne]

i'll move when im out of college, i dont have a choice in this situation. Im not coming for legal advice either. Just seeing if anyone has a similar situation. Theres alot of members on here, obviously some people have experiance or knowledge in this matter.

Article on dealing with cops (http://www.rense.com/general72/howto.htm)

Busted: The Guide to Police Encounters (http://stopthedrugwar.org/videos/busted)