What everyone else said. Just think about it. They put you in handcuffs and took you in custody against your will. Why would they be allowed to do that, but not search your car?
There was enough evidence that a judge issued a warrant to take you into custody. The fact that you were driving at the time meant that they had to tow your car (can’t just leave it in the road) and to protect themselves they had do inventory the contents of your car so that when they lost the gold bullion that you had in your trunk, they could verify its existence when they first took the car.
My advice: If you put as much energy into complying with the law and making your court dates as you do into wondering about this alleged illegal search, you will do better for yourself.
It sounds like the cop cut you a break - he asked if there was anything in the car, and you lied when you said No. Syringes are contraband, unless you have the prescription on you. And no, he won’t take your word for it that they are for your brother the diabetic. Unless you have a prescription, they are in your possession. Illegally.
Just to be sure you understand the answers, there was nothing illegal at all about the search, including the forced opening of the door. You don’t have a leg to stand on, and any judge is going to snicker while dismissing your claims to the contrary out of hand.
Consult a lawyer. Since you were actually arrested, there was likely some justification for some search, but as I understand, it’s limited. So, if you still think your rights were violated, talk to a lawyer.
I was in a situation like this on two ocassions. One I had literally done nothing but the cop decided he suspected me of shoplifting (I hadn’t) and wanted to search my car. He gave me the run around, trying to give me the whole “if you have nothing to hide” crap and after repeated refusals, and a call to my dad (I was 18 and the car was in his name) where he got his ass handed to him, he lamented about me knowing my rights but eventually left me alone and never searched my car.
On another ocassion, I was pulled over for minor speeding (like 40 in a 35 or something, the sort of thing that usually slides just fine around here). He insisted he smelled pot (he didn’t, I’ve never touched it) and demanded to search my car. When I told him that that didn’t qualify as articulable suspicion, he had me step out of the car hoping to be out of earshot of my friends and made all kinds of obnoxious threats. After verifying that my friends heard his threats and that they were going to search the car against my will, they did and found nothing. When I asked for their badge numbers to file a complaint, they refused, told me I was free to go and quickly retreated to their cruisers. I never bothered to follow through, but I didn’t get a ticket, so I felt less compelled to do so.
Anyway, bottom line is always refuse, it’s his job to legally justify the need for the search, not yours to show you have nothing to hide.
I presume you’re talking about the needles, because syringes are useful tools for all kinds of stuff. I have quite a few. They just don’t have needles in them.
But even if you’re talking about the needles, I give my horses injections every year, and the vet provides the needles and syringes. Is he committing a crime by doing so? Could I be arrested for giving my horses their annual shots without a prescription?
This all depends on the state and locality. Purchasing syringes without a prescription is prohibited under most state laws. Possessing them is prohibited under fewer state laws.
You’re quite right. You have the right to be free of unreasonable search and seizure. It stops being unreasonable once there is a warrant out for your arrest.
If you want to avoid police attention, stop parking illegally or pay your tickets when you get them.
This.
I live in Indiana, and I don’t need an Rx to purchase my case (10 packages, each containing 10 syringes) of insulin syringes.
If I’m visiting Illinois, I can only buy 20 insulin syringes (2 packages, each containing 10 syringes) without an Rx.
I presume you’re talking about the needles, because syringes are useful tools for all kinds of stuff. I have quite a few. They just don’t have needles in them.
But even if you’re talking about the needles, I give my horses injections every year, and the vet provides the needles and syringes. Is he committing a crime by doing so? Could I be arrested for giving my horses their annual shots without a prescription?
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I’m curious about this as well. I have type I diabetes and I carry syringes/needles with me all the time, and I don’t carry my prescription with me. When I gave the prescription to my pharmacist to fill, I didn’t ask for it back, and they didn’t give it to me… There is a label on my box of syringes that has my name and the name of the medication on it, but that’s not a prescription. It doesn’t make any sense to me, anyhow, that I would be able to possess the medication called for in the prescription, AND the prescription itself, because that means I could go to another pharmacy and fill it again.
It used to be illegal in CA under Business and Professions Code section 4041, possession of a hypodermic syringe, however this is no longer prosecuted.
If, however, a registered drug offender or someone in possession of drugs is found with a syringe, they could potentially be charged with Health and Safety Code 11364, possession of drug paraphernalia.
In Texas, the Health and Safety Codes regarding syringes/needles have wording such that “intent” is taken into consideration when determining legality of the possession of said paraphernalia.
I buy syringes and needles at TSC regularly for our cattle needs (large, small, every size), no questions asked, and if I were stopped for some reason and the officer saw them, I doubt it would even be brought up, certainly not an issue. If you have a record for drug offenses, probably a different story, since it would probably be pretty easy to apply the laws as written in those cases.
I presume you’re talking about the needles, because syringes are useful tools for all kinds of stuff. I have quite a few. They just don’t have needles in them.
But even if you’re talking about the needles, I give my horses injections every year, and the vet provides the needles and syringes. Is he committing a crime by doing so? Could I be arrested for giving my horses their annual shots without a prescription?
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I don’t know what the law is where this happened, but in Virginia, you’re safe. Possession of controlled paraphernalia under circumstances which reasonably indicate an intention to use the paraphernalia for the purpose of illegally administering controlled drugs is the offense in Virginia. Mere possession is not enough.
I presume you’re talking about the needles, because syringes are useful tools for all kinds of stuff. I have quite a few. They just don’t have needles in them.
But even if you’re talking about the needles, I give my horses injections every year, and the vet provides the needles and syringes. Is he committing a crime by doing so? Could I be arrested for giving my horses their annual shots without a prescription?
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In those states where it’s illegal to possess them, is it only syringes with needles in them, or is the syringe itself illegal? That would surprise me, since they’re so darned handy in so many situations. Heck, I use a great big one for basting.
In those states where it’s illegal to possess them, is it only syringes with needles in them, or is the syringe itself illegal? That would surprise me, since they’re so darned handy in so many situations. Heck, I use a great big one for basting.
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I don’t know, but I’d be very very surprised to find a state with a per se criminalization of syringes sans needles. I don’t say it’s not possible, and I have seen some very weird state laws, but without any research, that’s my guess.
So the cop is dumb because he couldn’t open the door with the key that you refused to give him?. Or you gave the cop the key, and he couldn’t open the door with it? I’m a bit confused. If you gave the key to the cop, why didn’t you just give it to the tow truck driver, and save yourself some potential damage to your car from the jimmy-ing?
Maybe the OP should have been so fastidious regarding the law BEFORE doing whatever it was thay got him arested for whatever it was he failed to appear in court for?