Last Saturday night I was with a friend, and we were parked along side the road ,technically in a park, at just past midnight. Anyways, he was talking to someone on his cell phone, hence being pulled over. So we see a cop pull up, and they proceed to put their lights on. One officer came up on each side of the car, and asked for liscense and registration. He gave it to her, but at this point the male officer on the passenger side opened up my door, and saw a bat laying on the floor of the passenger side. The female officer at that point saw a package of bebes in the center console between the two seats. They then asked us to step out of the car and frisked us (sp?). They put us in the back seat of the squad car and then proceeded to search the car. We DID NOT consent a search. They found a 6" fillet knife in the glove compartment (from fishing at his cabin) the bat, the bebe gun under his seat (pistol style), and a cordless drill in the trunk (from building benches at work). They, however, considered alll of the above weapons. After ten or so minutes they got back in. We asked what was going on, and were told we were both under arrest for illegal transportation of a weapon, and possesion of an assault weapon . I want to know if you believe they had probable cause to search the vehicle or if it was ? Do you think any charges could be filed against me, since it wasn't my car or "weapons"?

 

Oh and by the way I was handcuffed in a holding cell about the size of a closet for an hour or so, questioned, and then put back in the cell for about an hour. Eventually at around two thirty in the morning I was driven home. And, also, his car was impounded.

 

I'd consult with a lawyer, sounds like the assault weapon charge could be a serious one which might carry over to a passenger. Which weapon was considered the assault weapon btw? The bb gun? Oh, and once they see something in your car, they don't have to ask for consent to search your car any more, they have probable cause at that point.

 

spotting a bat in a car at midnight to me suggests vandalism, burglary or assault, the pellets probably backed that up. the cordless drill is after your question but suggests burglary and theft, so my 2c is they had probable cause not requiring consent or warrant (facts and circumstances suggest to a reasonable person a crime might have occurred or about to) ... but my 2c isn't even worth a penny. The cordless drill doesn't seem like much of a weapon to me.

sorry to hear about the impound and the closet of a cell ... You might be the victim of bad circumstances. I am curious to why someone would have all those items in a car after midnight, but I had a steak knife floating in my car for about a year after a dinner.

 

Get a good lawyer and you'll probably get cut loose. Not sure of the rules where you are. No way the assault weapon charge will stand. If you are going to be running around at midnight, you stand a decent chance of being pulled over if you are doing anything that looks even a little suspicious. You need to be more careful about what you have in the car. Did I say get a lawyer?

 

sounds like police harrassment. carrying a baseball bat is not a crime (perhaps you are in a league) and neither is having a pellet gun. Also, last time I checked bats, drills, filet knives, and pellet guns do not require registration. I would consult an attorney and file a suit against the police dept. for harrassment.

 

I'm sorry, but I just got to ask.

So what of those deadly weapons that you were transporting is considered an "assult weapon"?

Was it a sawed off bat with a 50 round clip?

Did you have a jacked up post-ban air rifle with a flash surpressor?

It was a fully automatic drill right?

You definatly need to get a lawyer, I hope you get off of those wacked out charges.

 

Going to talk through my ass for a second since I have little knowledge here.
I don't really think there is a good case of transportation of an illegal weapon unless the pellet gun is covered by the statutes in question (certainly would be if you were on school grounds for instance, but probably as a misdemeanor?).
occupants can be charged possibly, but I doubt the court would be concerned with you anyhow ... I think in Canada occupants in a car transporting a weapon can be charged? I would think your not likely to be charged, and maybe not even your friend? They probably just wanted to dig deeper and maybe use the opportunity to see what came up. If your friend is or you, please write a followup just for info.

 

LAWYER

Immediately consult one. If what you say is true that was illegal search and seizure. Then again with the good ol' Patriot Act they may be able to get around that charge claiming that you two are terrorists. You think I'm kidding but I'm not.

 

I think they had just cause for search, but I don't think they have a case. It sucks but you may have to shell out for a Lawyer for sure.

I hope everything gets worked out for you. It really sucks and is crappy circumstances for someone who is innocent and was in the wrong place at the wrong time.