Cop Searched locked glovebox search and seizure?

[Cmitch55]

Well guys I just ran into a big jam last night and could really use some help. I Had Approximation of 14grams of marijuana in a LOCKED glovebox. It also had my scale and some baggies in it as well. I went to my sisters house and was visiting when a friend who i was with was asked to take my car to go out quick...I agreed and he went out...Around 25 minutes later I recieved a phone call saying he had been pulled over because my headlight was out and the cops were going to search the car...I instantly told him to say they couldn't search anything and to keep the glovebox locked at all times...I then proceeded to have my girlfriend bring me to the place where my friend was pulled over and I walked up to the officer...The cop told me they had been pulled over and they were trying to find my insurance but it was no where to be found the only place left was the glove box....I continued to tell them that it wasn't in there and they asked me to unlock it...I told them my ignition key didn't unlock the glove box and the key to unlock the glovebox was at home(a lie but there was no way I was unlocking it). They then asked me if i would try it anyways so I put the key into the lock and jigled it up and down and to the right(so as to look as if i was trying to unlock it) but i told them ya this one doesnt unlock it and removed the key checked to make sure the box was still locked and then put my keys back where they had been...The officer then asked me if i could go home and get the other key or a copy of my insurance. I had a copy at home so i walked back towards my girlfriends car when the cop screams back to me to come back over here...as i walk over i see the other officer had used my keys and unlocked the glovebox...all the contents in his hand and they ended up arresting me... I face the following charges

Possession of marijuana Less then 4 ounces- misdemeanor
Possesion of Paraphernalia- misdemeanor
Intent to Sell- Felony

I am under the impression that I have a chance of using Search and Seizure to my advantage because of the fact that they searched my car without my consent and then unlocked a locked glovebox without a warrant which resulted with the evidence that they needed to arrest me...I would really appreciate some help...This is my first time ever being arrested and its over something so silly as a plant that helps people. I thank anyone who helps and gives insite
~Cmitch

 

[Weed420]

Going to be a tough case. You'll have to get a copy of the police report to find out what your friend said and what they have written down that you said. If your friend allowed them in your car you're sunk probably. If no permission was granted by either you or your friend to enter the car then you should have a good case. Good luck.

 

[Cmitch55]

Going to be a tough case. You'll have to get a copy of the police report to find out what your friend said and what they have written down that you said. If your friend allowed them in your car you're sunk probably. If no permission was granted by either you or your friend to enter the car then you should have a good case. Good luck.

no one ever consented to a search I've read of vehical expectation laws saying that if a an officer has probable cause they can search a vehical but i have yet to see where they had probable cause...The biggest joke is they told my friend tht they saw a silver object fly out the car window and my friend told me that the officer walked over with a pop tart wrapper...however i would love to know how an officer could have obtained said wrapper while driving a car he would basically have to be mr fantastic to catch the wrapper coming out of the vehical

 

[TorturedSoul]

no one ever consented to a search

You may have shot yourself in the foot with your little white lie about not being able to get into your glove box. Many juries might find that the officer was only being helpful when he managed to open your glove box for you after you "tried" and "failed." At that point, it wasn't a search - finding the cannabis and sales equipment was only incidental.

Which may end up meaning that you're screwed. Best of luck to you and please let us know what happens. And please do not carry scales & baggies when you're transporting cannabis.

 

[Dipez]

All's they need is probable cause and they can search whatever they want. And all's that has to be is smell of marijuana. Doesn't matter if you say no you can't search my car or house. If they have probable cause they can do anything they want. Depending on the state your in it could be easily dropped to simple possession with probation or PC1000. Not to judge but carrying a scale and baggies PLUS a 1/2 OZ is a really bad idea. A cop sees the scale and instantly will try to push intent to sell on you.

If you are in California just go speak to a public defender or lawyer if you can afford one.. If its your first drug charge on your record you can get a differed judgment entry and be placed on PC1000 or Prop 36. Both require drug tests, support groups, personal meetings, and educational classes.

Honestly unless you are really really lucky you won't get off with any charges. Especially if you don't even have your doctors recommendation.

 

[Cmitch55]

You may have shot yourself in the foot with And please do not carry scales & baggies when you're transporting cannabis.

the bags i bought the day of so i could separate my cannabis for different days of the week...the worse part is that i was home for the whole thing got called out cause a friend got pulled over in my car...it is my first criminal charge ever so well see what happens

 

[BarryMcokiner]

I thought the reason for the stop was a defective headlight? Does your "friend" have a valid license?