Busted in routine traffic stop -- Just Say No to a Search!

[boroboro]

The last line of this story should be a pretty clear reminder not to allow police searches voluntarily:
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http://morningsentinel.mainetoday.com/news/local/6235338.html
BY DOUG HARLOW
Police officers say there is no such thing as a routine traffic stop.

That thought was illustrated Tuesday when state Trooper Peter Michaud reportedly pulled over a late-model Buick Riviera on River Road in Norridgewock.

The Buick was missing a front license plate, said Lt. Donald Pomelow of Maine State Police in Skowhegan.

Pomelow said the trooper was given verbal permission by the driver to search the vehicle. The trooper searched, and found 11/2-pounds of processed marijuana in the trunk.

James Whittemore, 51, of Howard Road, Moscow, was arrested and charged with felony drug trafficking.

He faces up to five years in prison with a conviction.

"He was stopped yesterday at around nine o'clock in the morning by Trooper Michaud for a traffic infraction," Pomelow said Wednesday.

Pomelow said Whittemore also had $1,500 in cash on him, which was seized by police, as was the Buick.

"Basically, marijuana was seized, cash was seized, his vehicle was seized -- they did a search warrant of his residence where they found further civil possession charges up there, and paraphernalia," the lieutenant said.

Pomelow said the Maine Drug Enforcement Agency participated in the search warrant, as did the Somerset County Sheriff's Department because of the amount of marijuana involved.

Whittemore later was released from the county jail on $500 cash bond, according to a jail intake worker. He has not yet been to court on the trafficking charge, she said.

So, was the marijuana find simply serendipity; a random lucky strike by police on the back roads of Somerset County?

Not really, Pomelow said.

"There is no such thing as a routine stop in law enforcement," he said.

Could Whittemore have told the trooper that he didn't want his vehicle searched without probable cause?

"Yes," Pomelow said. "He would have let him go."

 

[BiG H3rB Tr3E]

let me break you off a few rules.

cops will lie. and they will lie. and they will lie. these are the people that will make used car salesmen look like truthtellers....dont ever believe a word they say and never tell them anything. you have a right not to incriminate yourself, and you are not going to "help" any situation by talking with the police.

if a cop already has asked you to search your vehicle, and you deny him the right, you know that drug canine will be called, and when the dogs on the scene your fucked regardless because the trainers have trained the dogs to signal needlessly, thus given up your right to privacy allowing the officers/agents to search your vehicle.

cops arent very bright, and if you play it cool and you have your head in the right spot, you can allow them to search your vehicle. usually theyll just nudge around,, look through the glove box, or anything directly accessible to their person. and if you have gone through lengths to mask the smell, and hidden it properly, they will look around for a minute or two then call it quits.

however if you look nervous, and scared, and deny him the search, more than likely hes calling backup with canines, and then you got 4-5 officers/agents digging around with a dog,,, and they WILL find it..

do you know how many times i have been searched? do you know how many times they dug through the back seat for a few seconds or poped the trunk and let me go within 5 minutes??? plenty plenty plenty. that just apart of being the long haired.

do you know how many times after confiscating medicine that they always say, "if you would have just told me it was weed i'd had let you go..." EVERY FUCKING TIME. do they really expect were stupid enough to engage an officer during a stop and declare that we have illegal substances? they may be stupid enough to believe were stupid enough, but you cant let that be the truth.

to avoid police, drive a discreet car, look like joe everybody, obey traffic laws, and keep your vehicle registered, insured and up-to-code. this will give no reason to interefere with the police to begin with.

on a side not, how fucking stupid does a person have to be to be moving pounds of cannabis in a car with missing liscense plates and other infractions....what a stupid fuck. he must have been a roller, because i have doubt anyone that stupid could pull off a grow of multiple pounds of cannabis......

 

[JJScorpio]

I would have to guess that the driver was ratted out. And as for the last statement being truthful, bullshit. If he would have refused they would have brought in a dog and lied and said the dog smelled something, whether he did or not.....

 

[been]

... If he would have refused they would have brought in a dog and lied and said the dog smelled something, whether he did or not.....

Yup.... more of the same.

 

[B.C.]

I agree JJ, ya jus aint gotta leg ta stand on any more. I did get lucky refusing a search once and got let go after almost 20 min of his ( taught ) badgering technique. He asked if I had any questions about the seatbelt ticket he gave me. I said no, but, where is suchnsuch town at. He stepped right up close in my face and said what did you call me?!?! I thought the dickhead was gonna try an hit me at first! He was jus trying to provoke me inta sometnin ( I'm a big guy with long hair ). The other cop quickly me told the way to the town I was lookin for. But the first cop said NO! you need ta go the other way! I didn't know it at the time but I was jus on the other side of a huge country block from the town. I went back the way I came alil bit and turned, like the cop told me to do, went a ways and here comes a K9 truck twords us with his lights on haulin ass! he shot right past. I had my wife pitch a marlboro box with joints and a chunk of hash in it out the window. He never did turn around and stop us though. I spose he had no reason to at that point, I wasn't speeding and we were wearing our seatbelts...... That first cop was trying to keep us there until the K9 showed up. BASTARD! I don't know how many times he said, if ya got nothin to hide, let us search! for almost 20 min! over and over an over gettin more pissed every time I said no!....... HA! a friend went back on his motorcycle and found the marlboro pack in the ditch acouple of hours later. Smoked up everyone at the party....... Becareful out there yall, they're out ta get us pot smokers! BC

 

[thekingofNY]

Huh? Have yall ever actually had an encounter with a maine leo's.... they are actually nice, and not tricky like the bastards down south. One gave me directions to hempstock, in ONE TOWN OVER FROM the town this took place in. My girlfriend and I politely declined his search request, he said fine and gave us directions to the festival!

marijuana and maine go together like pb and jelly. More mj friendly than any other state in the union imo.

also they cant "bring in a dog" if u refuse to search.... basically, if they are done with the traffic infraction u got pulled over for, they have to let you go. Anything else they try to do is trying to get u to give up your rights. If they did this any good lawyer would have all evidence thrown outa court based on the ILLEGAL search.

 

[FirstTracks]

"There is no such thing as a routine stop in law enforcement," he said.

I would have to guess that the driver was ratted out. And as for the last statement being truthful, bullshit. If he would have refused they would have brought in a dog and lied and said the dog smelled something, whether he did or not.....

I gotta agree with JJS here. Seems like the line I quoted was directly implying there was a tip.
Maybe I'm wrong and he was just talking about every stop being different or something.....

 

[B.C.]

also they cant "bring in a dog" if u refuse to search.... basically, if they are done with the traffic infraction u got pulled over for, they have to let you go. Anything else they try to do is trying to get u to give up your rights. If they did this any good lawyer would have all evidence thrown outa court based on the ILLEGAL search.

If it doesn't detain you too long, they can indeed bring a dog and run it around the outside of yer vehicle. If the dog "hits" ( and it -always- does ) then they have probable cause to search. BC

 

[JJScorpio]

If it doesn't detain you too long, they can indeed bring a dog and run it around the outside of yer vehicle. If the dog "hits" ( and it -always- does ) then they have probable cause to search. BC

And you are correct.

They will also say that "you were acting suspicious" and get the dog.

If he finds something, of coarse the cop must have been correct. If the dog finds nothing, nothing becomes of it because no one follows through with complaints....

 

[soniq]

we have no rights anymore. Even if you deny a search and the dogs are not alerted, the handlers will cause the dog to false alert. Also, all officers on scene will back each other up in court.

Like Barry Cooper said during an interview, when you refuse consent to search, it goes out on the radio and cops come from miles just to try and get into your car. False alerting the dog is just the last tactic to make sure they get in.

Rolling with bud is just one of those calculated risks that you have to take (or not). As far as having rights when you're pulled over ? Those don't exist anymore i'm sorry to say If the cops want in the car, they will get in the car. Period.

 

[whodi]

just tell the cop "that's an insult to my intelligence.. i will not submit to a search"

 

[ureapwhatusow]

i thought maine law was decriminilized and that the crime of possesing 1 & 1/2 pounds a Misdemenour D

is it becuase he traveled wiht it ??

 

[gonzo`]

So what you're all saying is that we're screwed whether we concent or not. If you have something and accept you're fucked and if you deny the cop knows you have something and you're fucked anyway... I guess they are just doing what they're employed to do. You cant actually hate cops because you know, they got a mortgage to pay... Its people who make policy who we should be bitching about, the cops are just pawns... This system is so backwards, jesus...

 

[KroNik224]

i hate the law AND the cops!!!fuck them fucking fucks!!

 

[thekingofNY]

I declined a search politely both down South in Florida and up in maine. Both times the cop said fine. Both times i was shaking from the nervousness.... Down south he was a little pissy and gave me a ticket for a non moving violation, however he still didnt try any shady stuff. If you look reasonably intelligent i doubt a cops going to try to hold u there illegally. As anything they find in the search will be thrown out in Court.

Maybe some of you guys don't understand, but a cop stops u for a traffic offense, They give u a ticket and u ask to leave. Don't Answer any questions not related to the traffic offense... a simple "am i being detained or am I free to leave"... if the still try to detain u and a dog shows up 20 minutes later.... again with a GOOD attorney, its all thrown out in court.

A cop can't detain u on a "hunch" that u were acting suspicious.

Now if they see u quickly throw something under the front seat.... that might be a different story.

Goggle the flex your rights video the ACLU made. I'd highly recommend everyone watch it that doesnt fully understand their rights in a traffic stop.

Although I have also been illegally searched down south when i couldnt afford a real lawyer to defend me. I end'ed up taking a plea bargin for that case. Yes i know cops LIE all the time... however telling people to just consent to a search is HORRIBLE legal advice. As soon as u give consent...u've given up all ur legal rights protecting u in these situations.

Reaper, in Maine possesion of over an LB is considered "defacto" (sp) evidence of intent to distrubute or sale, and is a felony.

 

[Ms Carter]

also they cant "bring in a dog" if u refuse to search.... basically, if they are done with the traffic infraction u got pulled over for, they have to let you go. Anything else they try to do is trying to get u to give up your rights. If they did this any good lawyer would have all evidence thrown outa court based on the ILLEGAL search.

Ahhh, I love the smell of misinformation in the morning! This is why so many people don't know their rights, or the stuff that they do know is wrong.