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Flagbridge-CL
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience:  Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
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Is it legal to pull u over on private property for ...

Customer Question

I was pulled over after being followed 1.7 miles down a busy street, i pulled into a car lot which was i assume private property the officer turned his lights on while still in the street and i was pulled into the lot and out of the car.
He told me to get back in the car then get out of the car and then said i was under arrest for traffic violations the arrest stemmed from them invetigating me earlier that morning they used the signal which the narcs radioed into to the black and whites to pull me over and arrest me..My question is can they do all this legally?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Yes they can arrest you on private property in the manner in which you described.

There are a few issues here.

1. If you committed a crime, and the police saw you at a 7 eleven could they arrest you. yes because it is not your own dwelling, and yo have no expectation of privacy.

2. Pulling over in a private lot or driveway does not automatically require a warrant for arrest. The number one thing police do prior to pulling someone over is look for a safe place to do it. If you pull into a deserted parking lot, you can be liable for criminal offenses.

3. If the police had been in pursuit they can proceed and skirt some of the constitutional protections, such that the constitution is a shield to flagrant abuse and not a shield to enforcing the law.

If you had a bottle of vodka open in the car , turned off, in the lot, you could still be charged with having an open container and possible DUI.

I agree with you that you should attack the merits of the actual violation, as the location of the stop based on your facts will give you no benefit.

If this helps please click ACCEPT.

Regards
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Flagbridge-CL's Post: can I accept this answer and still reply and how much does this cost to chat with you about this subject?
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Yes you may accept, and the thread will stay open. Further answers will require additional accepts.

A chat about the subject is $1/minute.

If you would like to chat let me know and I will start up a session, or feel free to just ask another question.

Regards


Regards
Customer: replied 6 years ago.
ok i read the what should i do part ok let me tell u what happened i was charged with joint possession with my wife...We were at a hotel hotel staying hotel because our house was being worked on, some informat of some sort reported to the task force that we had large amounts of controlled substance that morning i met my wife around the corner from the hotel to put my car in the shop all the shops we went were booked up. The whole time we are being watched, so we pull up to a four way stop sign and turn right inwhich two of the task force members said we both failed to signal a right turn. We the went 7.5 miles to the car lot where we bought the car and pulled in i got out and so did my wife (the task force member radeo'ed in to regular police to pull us over and arrest us, which is Questionedable ok so he arrest me while two officers arrest my wife i was in possession of prescription drugs 28 pills of hydrocodone. after i was in the police car they searched my car well i was in my wifes car qand she was in mine. So in the car they found a pyrex jar and 3 wire whisk that were brand new clean. they later saY THEY SCRAPPED .4 GRAMS of crack of the jar which is not true there's no pictures of them srapping it off or no lab reports. Now my wife was in possession of a cookie of crack ,then they placed her in a police car after two male officers patted her down for what they said was weapons once a female officer got there then she searched my wife and didnt find anything after that they pulled the seat out of the police car and said they found a package of crack which they chared her with...We bondedout then a few days later they arrested us again and charged us with joint possession saying my finger print was on the bag of stuff that was in the back of the police car which cant be true... ok the other day i went to court for the traffic violation which i tried my best to represent my self because the lawyers are no good around here. My first motion was fatal variance because the complaint said 4237 georgia (the car lot) and the incident report said black burn and virginia where it was alleged we committed these offenses. The judge looked at me and said well this is not gonna work cause all the prosecuter has to do now since the jepordy was not attached is ammend the complaint, and she allowed her to walk out of the court room and do so. To me this was partial treatment on the prosecuters behalf. Before i filed that motion i filed a motion for continuence because they would not release the radio transmissions. The judge deemed them errelevant at the time. So the judge before court was not even in sesson told me "you wanted a fast and speedy trial so now your are getting one she wouldnt even accept the motion for continuence...So we went into trial, and i crossed exqmined all officers long story short i ask them all the same question I asked have they ever pulled some one over for fsilure to signal and arrested them so the could search,and sieze them and there person. they all said yes,I ten asked is this a tactic practiced by them they said yes. I asked if they knew what a pretextual stop was and they said yes. I ten asked was what they did with me a pretextual stop again yes. I asked if they thought a pretextual stop is unconstitutional they aall said no, ten finally i asked if it was unethnical again No. So i ended up being found guilty cause i had no chance the judge was showing favortism to the prosecutor she told me that i didnt know the law and thats why i shouldnt be representing myself. But i dont under stand how she could tell me that yet help the prosecuter ammend the compliant thats giving the prosecuter lgal advice which i thought a judge couldnt do. Ok my questions are If since i got them all to admitt it was pretextual can i win the motion to surpress/ Texas is supports pretext. stops but i read a case where a guys case was over turned cause theofficer admitted it was a pretextual stop. What do u think also what can i do about what the judge did. One more thing after we were charged i was pulled over for the same reason and they took my discovery that had notes for my defencse in it the same officers went thru it and read my notes then they siezed it saying their supervisor said i shouldnt have it in my possesion that was back in september of last year. How can i have afair trial when they read my notes. Thank you i know its long and i will up the value Can u come to texas and represent me if you worked with a lawyerr from here. Have you heard of the Tulia Texas cases well its the same task force with a different name they lie and do what ever to convict you and the judges and prosecuteres are all workin together.
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

I have to step out for a couple hours but I had a read of your issue.

There are a few quick things to point out. Firstly the judge was not wrong in allowing temporary leave to amend the complaint when the error is non critical.

The judge is correct jeopardy had not attached if no jury or witness had been sworn in.

The judge is also correct that you brought up some good points, but in the wrong way to really help yourself.

can you tell me what charges are still standing, if you are working with a Texas lawyer now, and if you have filed an appeal for your traffic conviction.

Regards
Customer: replied 6 years ago.
joint possesion of controlled substance over 4 grams under 200

at the time i have a court appointed i had a paid lawyer who was about to railroad us..He wasnt even suppose to accept the case cause of the conflict of interest so once i didnt let him take us into the motion to surpress and lose he withdrew and kept our money I got my wife a lawyer and i went court oppointed becaus i didnt want to give my money to another lawyer if he wasd gonna do the same thing with my wife its different she needs the security But this court appointed i have has the mentality of a comp out lawyer i need to get rid of him
Customer: replied 6 years ago.
not yet i intend on appealling it
Expert:  Flagbridge-CL replied 6 years ago.
Have you filed a motion to supress the evidence as being subject to an ilegal search?
Have you moved for discovery of all evidence, lab reports etc against you?

Customer: replied 6 years ago.
Not at this point. we anticipate the authority of review of the pretextual stop would be effective inlight of the in court admission to there casual use of the pretextual stop tecnique
Expert:  Flagbridge-CL replied 6 years ago.
There is allot of detail that is not may have an impact and technicalities, and procedural issues which may limit how, where and when you appeal various aspects.

Further all testimony given by you in the traffic infraction is admissible against you in the drug charges.

At this point based on the above I would take two approaches. The first is look through the traffic case, transcripts, and see if there is any grounds for an appeal as a result of mistake of lawyer, judicial error etc.

Not expecting anything I would also in parallel address the drug charges in a very meticulous manner. I would like at all their documents, their reports, and statements. Look for inconsistencies, errors, adjustments, and most important look at chain of custody for any and all evidence.

On the side I would be seeing if there was any reasonable suppression cause to support a motion.

Then in court I would be very aware of everything the prosecution says or does to ensure no new evidence is being introduced, and that no hearsay, in admissible or non relevant evidence is used.

In court, evidence is key. You need to know it all, and control as much of it as possible.

If this helps please click ACCEPT.

Regards
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
I'm so glad u mentioned chain of command dealin with the evidence because on the survalience camera"s from the police cars i have good reason to believe the tapes were edited,reason i say this is because two officers admitted in statements that my wife was out of the car and the officer arresting me told her to get back in the car...I myself remember clear as day that she got out of the car to ask me what was the problem and to give me my id because my id was in my car inwhich she was driving...However on the tape the car door comes open but she never gets out also it comes open by its self and it shuts by its self almost as if it is a ghost present. The reason i think they edited that part is because they reached into the to of her shirt and pulled out a plastic bag.. and it was a male officer who did this. Another thing they pushed her over the back of the car as she looked back to ask whats goin on they shoved her again. She was preganant at the time and then 2 months later we lose our baby! Due to a very severe tubal pregnancy. Now when we broyght this up to the first lawyer and we wanted to file a civil suit against them he said not to worry about it until after the criminal case was over to me i still dont think that was a good idea.Question how do u prove the tapes were edited i have a copy i can send to u so u can see how mysterious the door opens and shuts and when they so called pulled the plastic out of her had it looks more like out of her rist and that the officer was handing it to the other...I,m going to add funds on this because u have been so helpful let me go to the store and put money on my credit card.
Customer: replied 6 years ago.
How do i add funds and pay for the enfo you have already gave me but i still got more questions for if you don't mind?
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Sorry for the delay.

You may click ACCEPT on any of the answers I provided. This will not close the question. Each time you click ACCEPT $15 will be allocated to the answers.

After you click ACCEPT you may follow up with more questions in the same thread. That is the point at which you are able to add more funds to your account.

You will also have the opportunity to add a bonus which is like a tip if you feel the information is valuable.

With respect to the tape recording, you will need to have an expert witness evaluate and determine if the tape had been altered. You an also question the chain of custody of the tape to demonstrate a probability of doctoring, or the reliability thereto.

Let me know what other questions you have.

Regards
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
ok listen i'm going to put the money on there now i will accept one of these questions then i will be back in one hour to continue our conversation. its amazing that you mentioned that chain of custody because when we looked at the chain of custody it sseems like it was broken. Ok who can i send it to because noone around here is qulified to evaluate it. Another question do you think its possible for them to alter or that they are capable of that.

Will you be online in a hour i will be right back.
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

I will be around for the next couple of hours.

It is possible for them to edit recordings, however I don't think that is the best place to put the focus on. You should look at the chain of custody of the jar, to establish where the .4 came from.

I will be available when you get back.
Customer: replied 6 years ago.
ok i will be right back i didnt finish the accept part with thge tip and to add funds cause i need to go add mone i will be right back and do so thamks for your time and imput it means so much that its non biased and you are not stereo typin me and casting your judgement upon me like every lawyer judge and any one else of the court here in Amarillo Texas, They judge me and criticize me for trying to help myself, I mean i know I'm not perfect and i should have never put myself into this situation but i am not lying to win this case i am just going with the facts, when they are lying plotting and everything else to convict me.
Customer: replied 6 years ago.
Sorry about the way i got real busy yester day but i did get more money on my account how do i add money it said my credit card expired
Customer: replied 6 years ago.
ok i had to switch cards i apologize
Expert:  Flagbridge-CL replied 6 years ago.
Thanks for the accept. Do you have any more questions?
Customer: replied 6 years ago.
Can a narcotic officer investigating a offense under narcotic code cite a violation under a states transportation code and radio a transportation code enforcement officer inform him of the transportation code violation and when the transportation code inforcment officer stops the vehicle in question he doesnt follow the transportation code of procedure nor does he follow narcotic code procedure or the united states constitution can the evidence obtained be used and if so how so and if not how so thank you i have to leave so i hope you can have answer when i get back in about a hour
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Interesting questions.

Firstly, there is nothing prohibiting a specialist of one branch from enforcing a violation of any law statute or code that may not be reflective in their respective department.

The constitution only differentiates between the government and the people (well and the church)

So if any police officer from any department does something they are acting for the government.

So here you want to question the validateion of the evidence. Is it an opinion by an unqualified source?

Does that help?
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
So a officer doesnt ask for our id to make sure we are the ones they were in persuit of.Under the transportation code an enforcement officer is to follow certain procedures such as for a minor violation as failure to singnal the person stopped should be giving an opportunity to appear in court also standard practice is to request drivers liscnce proof of liability and request for rigistration of the vehicle. We were just grabbed out of the car and arrested they didnt ask our names or our for id, nothing procedure requires.
Customer: replied 6 years ago.
Hello i have a few mor questions also my last reply how do you feel about that.
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Sorry I missed that reply.

There are times that the technicalities of a search, arrest, etc can impact a case and even lead to it being dismissed. However these are subtle and require the work of a lawyer who has access to all the facts, and evidence.

Feel free to follow up if needed.

Cheers
Customer: replied 6 years ago.
Ok did i tell i had the descovery and the police officers took it and read it saying that the supervisor said i shouldnt be in possession of it. See its a policy here for the lawyer not to give client a copy of the descovery but not a law, but i think it was wrong for the same police officers in my case to look at my notes which are apart of my defense. How can i have a fair trial.
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

You do not have to release your notes as part of discovery to them. You really need to get the help of a lawyer. If you cannot find one in you home town you should get one from out of town.

I feel you are going to get railroaded.

I hope it works out for you.

Good Luck
Customer: replied 6 years ago.
The problem is this lawyers are the same it seems like...There's nothing i can do for my self i mean the law says that a pretextual stop is illegal and unconstitutional...So theres no motion i can file on my own to get it dismissed
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

I know you are frustrated however I can not give you all the micro help you need for the following reasons.

1. No attorney client relationship exists between you and me via JustAnswer.
2. I am not licensed to practice law in your state
3. I do not have access to all the documents, evidence etc.

Law is complicated which is why it takes so long in school, to do the bar exam and to the specialize. The validity of a pretextual stop is not black and white. You are going to get much better help locally.

You need a lawyer on the ground to help file the motions, examine the chain of custody, question the cops, and read the transcripts of the previous hearings.

Do your best to work with a public defender, be polite and ask questions, and take lots of notes as to everything that is done.

I hope that helps.

Good luck with it.
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thanks
Customer: replied 6 years ago.
hey one more question do u think arguing the fact that they allowed us to drive into a drug free zone before pulling us over is good and the fact that i was in her car and she was in mine they never asked for permission to search?
Expert:  Flagbridge-CL replied 6 years ago.
I think you can argue that they accessory let you drive into a drug free zone for the purposes of exploiting the charges. However the counter argument will be they have no obligation to stop until it is safe.


It s a tough call from here cause I don't have all the facts.

On the other note, they don't need the real owners permission to search, The driver is fully authorized to consent to a search of the vehicle if the owner is not present or incapacitated.

I can see you are in a real jam, and I wish I could help more. You really need to spend some time to find a lawyer to go through the information you have locally. There are all these tidbits and you are doing a great job at finding some of them. The law is complicated so your efforts might not get the realization they deserve. Go to the town next door if you have to. I wish more clients had the creativity you did.

Good luck!
Customer: replied 6 years ago.
I really appreciate u i went to talk to the court apponted yesterday as well as a lawyer i had 15 years ago He said at first i would b wise to take the 10 offered then i told him the details and he saisd he may be able to help, and to call him today. I printed our conversation and used it as reference while i talk to him, without telling him about our acquaintance, i think it helped...How about you do you know any good lawyers this way who would be good for me?
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

I am sorry that I do not know any good lawyers down in your neck of the woods. I am very happy that you are getting progress.

Remember to be patient when talking to the lawyer. Answer his/her questions with all the detail they ask for.

Ask lots of questions. If you are given advise you do not like or agree with instead of arguing put your concern in the form of a question.

I really hope things work out.

Best of luck with it.

Feel free to emailXXX@XXXXXX.XXX if you have any comments.

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Honors Law Graduate, Passed New York Bar, Senior Legal Consultant