Legal Question in Criminal Law in New York

stopped and not sure what to do

I went through a check stop, the officer made me roll down my window(no one in front of me had to do this). He said he smelled pot, I told him there was no pot and no one had been smoking it. He made me pull over, asked me 3 more times who was smoking pot, I told him no one still. Then a superior officer came over and told me the smell was enough legally for them to search the car, I said nothing. Then I was told they were going to search the car and that if I took anything out now they would go easy on me. I gave them a pipe from my car, they then searched the car and found some pot (under 27 grams) and my taser ( I bought from a vender in NY in front of a police officer so I had no idea that was considered an illegal weapon). They then cuffed me and brought me to the station, impounded my car (say they are going to seize it permanently) and I am out on $500 bail.

My questions are:

Can they lie to me to trick me into giving them something and then search my car?

And also I know the reason I was targeted is because I was 20 with a $35K car, the officer made several comments about how the only way I could have a car like that is if I was dealing drugs. So I guess my second question is what can I do?


Asked on 11/10/02, 1:22 pm

2 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: stopped and not sure what to do

In NYS, Yes, the police can lie to you to facilitate a search. In your case, they only stated they would "go easy" on you; they may recommend leniency to the District Attorney.

You will now be in the position of negotiating for the return of your car. This may cost you.

For more info: call 718-273-6229 or E-mail [email protected].

Read more
Answered on 11/11/02, 8:40 am
Raymond David Marquez R. David Marquez, P.C.

Re: stopped and not sure what to do

First , the Police are allowed to employ a certain amount of deception, and from what I read in your summary I don't see anything illegal about what occured in your case. The smell of pot probably was sufficient to warrant a search of the vehicle. That they told you they would go easy on you is meaningless. Once you voluntarily allowed them to search the vehicle, the fruits of the search are admissible as evidence against you. As for your second question, the skinny is that you should retain a good lawyer as soon as possible. Good luck. P.S. If you really like your car, don't smoke!

Read more
Answered on 11/17/02, 10:22 am


Related Questions & Answers

More Criminal Law questions and answers in New York