QUESTION

How is this possible for them to push me against a wall like that and take away my rights and what are my options a citizen?

Asked on Jun 12th, 2013 on Criminal Law - Florida
More details to this question:
I was pulled over yesterday in a friend’s car. I was driving because they were under the influence of alcohol. He pulls me over for "going through a red light" which clearly was not red because he was waiting behind me for it to turn green (video of this is to be on his dash cam recordings). He takes my information and runs it. He then asks me if "saw that red light" when he hands me my information and asks me to step out of the car. At this point in time I have only been told about the red light nothing about smelling marijuana when he FIRST came to the window. I have been convicted before and did my time for my crime which the next step seems unfair and profiling. Immediately after he asks me to step out of the car, he begins asking me how much I drank and smoked (cause "he smelled it and seen I had a record for it") tonight which I told him none hence why I am the DD, never asked for a sobriety test and nothing. He then pulls my female friend out of her car and asks to search her purse nothing about a car search. As he is doing that the other officer simply opens up her car doors and begins a car wide search. We did not give consent to search anything in the car in the first place which had stated out very loud n clear because we felt as if we were being forced and pushed around. He told me all he needed was "probable smell cause" and a prior record was all he needed but would not bring in the K9 when asked. He found two small marijuana "roaches" in her center console buried at the bottom under everything which added up to maybe .1 of marijuana. He never asked who's it was and instantly charged me for the possession for which I had no idea was even in the car in the first place. I am hiring a lawyer 100% but searching the internet upon info and you seemed to have the most knowledge by far. ANY INFO is greatly appreciated.
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1 ANSWER

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It is good that you plan to hire an attorney. Perhaps the evidence indicates that a motion to suppress should be filed, perhaps even a C4 motion. But the police report will undoubtedly explain things the way they should be explained to establish the justifications for what the cop did. This is the crux of the defense, to find out exactly what we can prove, and what they intend to try to prove. Winning a case often comes from a rigorous cross examination of the cop.
Answered on Jun 14th, 2013 at 9:15 AM

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