Posted: Wed Apr 23, 2008 5:12 pm Post subject: Question about cops.
I live in texas and there is a law that an officer can choose to give a citation of up to a quarter pound of pot, instead of arresting them.
Last week or so my friend got busted by his high school for a partially used dime bag. The cop told him that it was only if he had a fraction of a gram that he could right a citation.
Unfourtuanatly my friend mishandled the situation and has a $4,000 fine and is going to an alternative school in a week or two.
The cop also told him and a friend to put there hands on the patrol car and asked if they had anything on them my friend handed over the sack. The cop had no probable cause, they were not smoking and hadnt been for atleast hlaf an hour. Is that considered a search?
and is there anything he can do? I dont think there is but im not sure.
It's not considered a search, the officer clearly asked your friend if he had anything and your friend handed it over. Just asking him to put his hands on the car would not constitute a search, the officer will most likely say that he had him put his hands on the car so they were in plain view.
We all know he intended to search him, but I have doubts that you could convince a judge of this.
We being in the position that we are in, are enlightened to the fact that what passes as justice today is indeed far from the real deal.
