Legal Question in Civil Rights Law in Louisiana

An officer of the law pulled over my friend because he had a broken headlight, i was the passenger. The officer was training kids new to the force how to enforce drug laws. He asked me what i had in my pockets and then literally dug his hands into my front pockets. This is an obvious violation of civil rights. No arrest i was ticketed because the police were just randomly pulling people over all over the place. This happened over a year ago, i entered a diversion PIP program in which after paying around 900 dollars into the program, i was kicked out during the last month because i was 2 months behind on my monthly fee. Now they want to take me to court. Soon. So soon i had no time to prepare a descent defence. What should i do? can i pay off the ticket before i go to court? Can i request the tapes of the night when i was so elegantly violated? First time simple possession of scedule 1 narcotic. That means NO medical value, yet people in California have medical marijuana. Please any help would be greatly appreciated the court date is very very soon.Thanks.


Asked on 1/22/10, 12:31 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Officers are allowed to pat down suspects for their own protection looking for weapons and other things that can harm the police officer. If the officer feels something in the pockets during that frisk that gives him reasonable suspicion that drugs or other illegal items have been detected, he has the right to search for them in the pocket of the suspect. That is all perfectly legal under the 4th Amendment and the Louisiana Constitution.

The fact that CA has legalized medical marijuana doesn't make it a defense in LA. Nevertheless, if you had a legitimate medical need for the drug, it could have made a difference to the DA and the court in how (of even if) they prosecuted and/or sentenced you. However, all of that is moot now, as it appears as if you have already plead guilty and agreed to a diversion program, but you just failed to honor the terms of the program. You should focus on trying to get back on track and back into diversion, rather than trying to collaterally attack the merits of the case now. You gave up the right to fight that when you plead guilty.

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Answered on 2/04/10, 1:47 pm


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