Ok, I wanted to ask a question to all of you and preferably to badge if he sees this thread. I was in New Orleans with 4 other friends and we had been drinking. We walked back toward our car in the parking lot and one of us had to take a piss. An undercover cop car pulled up and asked one of my friends for a light. The cops got out of the car and procedded to arrest all of us for lewd conduct. I also got a charge for public drunkeness. We were by our car when the cops pulled up. We were not in the car and the doors were not open. The cop smelled weed on us and kept on asking us where’s the weed at. Without asking the cop proceeded to go into my car and search my car for marijuana. He found a bag of weed and then he told us that he was going to charges us all if someone did not claim it. My friend claimed the weed and was charged with possession of marijuana. I do not beleive he had the right to search my car. Later on we read the police report and “corrupt cop” stated on the report that he found the weed in my friends pocket. I asked the lawyer about this and he said that if we contested it would just be the cops word against ours. I think this is bullshit. Is there anything I can do in this circumstance? I know the judge will probably beleive the cop. This is a case of corrupt cops. I am never going to New Orleans again.
Well, I’m neither a layer or a cop, but this is what I’ve always heard and what I’ve found. Don’t know why he would have put that he found the weed in your friends pocket. That’s just odd… Anyways:
From: http://public.findlaw.com/traffic_violations/nolo/auntie/7B8C1C59-C365-4443-B5A8C00DFFA8D44D.html
Good luck, but seriously kid: Smoke pot at home, not in cars. More people get busted because they’re in their car instead of in their hotel room or house.
Yeah, if because of his training/experience he immediately recognized the odor of marijuana coming from you guys. And he new that was your car. (You said you were near it. Was someone in it? How did he know it was your car, anyway??) I believe he is most likely able to search that car based on the Carroll Doctrine.
All they need is justifyable reason to believe there is contraband in the vehicle to search it. But they can only search places the item could be. Unfortunately, pot could be anywhere!
As far as charging everyone with possession. Where was it? I’ve seen a case thrown out where cocaine was found stuffed in the cracks of the passenger seat. Everyone in the vehicle was charged with possession, but the charges were all dropped because it could not be proven who’s it was. Nor could they prove the driver knew it was there. Usually when a situation like that comes up, the cop will say. “Who’s is it? Ok if no one confesses we are going to charge the driver, cause it’s his car.” Or, “Ok everyone will be charged!” Usually this is enough to get someone to take the rap alone." If not, the drugs get turned in as found property and no one is charged. I don’t think this helps you now though.
Laws in LA will vary, though.
As far as the officer writing something different on the affidavit. I would go with that. Discrepancies like that get things thrown out all the time! Envoke “the rule”! Have all the cops present seperated and have them testify individually. Hopefully the stories dont match up and one says, “Yeah, that’s when we took the marijuana from the vehicle…”
Depends on how long it takes to go to court. If it takes too long and the only memory they have is from the report, they will just say what is written… I dunno man, I would still run with that. I don’t see any other option.
In a case pertaining to the sale of alcohol to a minor - I saw one thrown out because the affidavit claimed the bottle was taken from the cooler. The affidavits were pretyped to save time. One line the cops would write on every affidavit was “the minor took alcohol from the cooler and brought the same to the register” or some crap like that. That part, among others, was typed beforehand so they wouldnt have to write as much.
But in this instance, the alcohol was taken off a shelf, then taken to the cashier for purchase. The case was thrown out for that minor discrepancy.
IANAL
As soon as he smelled the weed on you, he had probable cause to search (generally, YMMV based on jursidiction, but I don’t think there is a jurisdiction where this wouldn’t fall under probable cause).
As to why he said he found it in the pocket and not in the car? He probably genuinely didn’t remeber or (more likely) got it mixed up with some other bust he made. Seriously. As many pot busts as an undercover cop probably makes, he could have arrested 4 different groups of kids in short period and just forgot which group he found the pot in the pockets, which he found it in the car, which he found in the shoes, etc. No, I don’t have a cite, but I do have common sense (or at least I think I do 
)
critter42
That’s true, but the courts - as far as I know - do not allow mistakes like that. A good attorney will argue this ad nauseum until the cop looks incompetent and forgetful. If he can’t remember where he seized the pot, how can he remember WHY?? Or on WHOM?
I’m not saying it will definitely cause a dismissal or reasonable doubt, but I’ve seen it before.
Sorry critter42, if your whole point was “The cop is not corrupt he just made a little mistake while writting his report.” Then yes I totally agree. I am not arguing that at all! I was just saying little mistakes make a big difference in court. But I dont think it’s a sign of corruptness.
Hell, killuminati and his buddies were already under arrest for the indecentness thing. All their persons could have been searched incident to that arrest. The car… depending on how close it was and other circumstances, could have been searched incident to that as well.
I don’t think you are inocent killuminati. I don’t think the cops were corrupt. Zealous maybe, but I wasn’t there to…
But to answer the OP. Yes there seems to be a way out. But as buddylee said, “GOOD LUCK”. Oh, and definitely smoke somewhere else.
yep, that’s what I was getting at - he’s not corrupt, just human
Corrupt New Orleans cops? That is old, old news, my friend.
A point that will trip them up…
If the cop claimed in the report that “he found the weed in the pocket of your friend”, then your lawyer’s question should be “Why did the cop ask whose weed it was, when he allegedly reported that he found it in the pocket of your friend. The cop would ask that type of question when in fact it was found in the car, not a pocket.”
Can I ask why you would expect one of the cops on these boards to help you get out of an arrest? Just curious.
Holy crap, Yeticus == Matlock.
Oh, come on PK. Give one up for the man. Last I heard you were operating in the Northern Midwest, not LA.
I’ve been to New Orleans.
I didn’t even know one could get arrested for anything there.
I’m seriouse.
So if these jokers found a way to actual get busted there, I’m not going to second guess the copper.
:smack: D’oh!
if i were you i would worry more about the lewd conduct charge they find you guilty of that your talking sex offender
Eh? Would you care to show me the relevant statute that states a conviction for lewd behavior equates to being a sex offender? For any state?
Kansas:
Sexual Offenders
“Sexual Offender” means a person who has been convicted of any violation or attempted violation of :
RSA 632-A:2 Aggravated Felonious Sexual Assault
RSA 632-A:3 Felonious Sexual Assault
RSA 632-A:4 Sexual Assault
RSA 645:1, II Indecent Exposure & Lewdness
RSA 645:1. III Indecent Exposure & Lewdness
**Or a law of another state or the federal government reasonably equivalent to a violation listed above**California:
*If convicted, you have to register as a sex offender.
This is far from uncommon. Most of the states I looked up require registration as a sex offender if you are convicted of showing your wee-wee in public. I didn’t include all of them simply because they didn’t use the exact phrase “Lewd Behavior” to describe the act. I’m sure you get the point, though.
We were not inside the car but we were standing by it about to get in. The doors were not open yet. These two cops were corrupt. They also stole 3 of my cd’s. It’s bullshit man. They saw one of us pissing and charged all of us with lewd conduct. Apparently this happens a lot in the city. I just don’t think it’s right. I do not beleive they had probable cause to search my car. Me and my friends were all fucked up. They were corrupt cops just for the fact they stole my fucking cd’s. Me and my buddies had to spend the night in OPP Orleans Parish Prison. Pkbites, I was just trying to get some insight from one of the cops on the board just to hear their opinion about it that is all. Thanks for your replies.