Legal Question in Criminal Law in Missouri

I was riding passenger in a vehicle and the driver was speeding so, we got pulled over. We had recently been smoking marijuana, so the state trooper searched the vehicle. He found a glass pipe and metal grinder (no smokable product) that were mine. I didn't admit gult for it until the officer put me in handcuffs and had been yelling at me for at least 25 minutes, saying that it was my property even though it was in the center consul of the vehicle and he had no solid proof that it was mine. When he put me in cuffs, he didn't read me my miranda rights, and while I was sitting in his vehicle, I had to tell him 3 times that I have tourettes syndrome before he quit making offensive comments about my tics. Then after I had been in cuffs for about an hour and he had written the driver and I tickets, he let us go. [the driver had a scale, two grinders, a small amount of marijuana, and some alcohol, (the alcohol was unopened in the locked truck bed)]. Also, he wouldn't let me use my cell phone the entire time (in or out of his vehicle) and he didn't give the driver a ticket for what he was originally pulled over for and I was told that if that happens, then nothing else the officer finds is legal to use in court. My question is: What are my options legally and is there anything that the officer did that would make the case get dismissed? FYI: This took place in Kansas City, Missouri in Platte County


Asked on 9/18/10, 12:59 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You did not indicate what you were charged with. You also did not indicate if it was a Platte County sheriff's deputy or a KCMO officer that issued the ticket to you. You should consult directly with and attonrey in that area. They can examine the charges and help you decide if it is worth raising the illegla serachg and lack of Miranda as defenses. Let me know if you need a referral.

Good luck

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Answered on 9/24/10, 12:33 pm


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