This individual I mentioned earlier was actually from Seattle, but was stopped by Bellevue police officers when he was driving through town. After being stopped, for speeding, the officer approached the vehicle and asked for license and registration. The person gave the officer this information.
After returning with ticket in hand, the officer gave the ticket, gave his usual speech, and then asked what he always asks when even remotely suspicious of the driver "got any drugs in the vehicle?" Of course the guy says "no." To which the officer replies "then you wouldn't mind if I searched the vehicle?" Instead of just saying yes I mind, they guys says "no, go ahead." Guess what's in the vehicle - marijuana. And once it was found the guy admitted it was his.
So, the guy is charged with misdemeanor possession of marijuana in Seattle municipal court and he's in dire need of a DUI lawyer. Like I said, I work all over the place, including Bellevue, so he wanted to talk to me about being his Bellevue criminal attorney. And I talked to him about it. But what I wanted to do was have him call me before he even got in the vehicle with the marijuana so I could give him some advice.
If you were using drugs, wouldn't you spend a couple of hundred dollars to get a refresher course on your constitutional rights to make sure you never fall into a possession of marijuana charge like this guy?
First, and foremost, never consent to a police search of your vehicle, home, or person (but remember, if they just tell you they are searching, let them know you don't approve and let them proceed - that evidence will likely be suppressed and you will avoid a resisting arrest charge). Never. Never ever. Never never ever. It does only one thing, allow the police to find something illegal they can charge you with.
If you have drugs in your car, why would you let the police look in your car and find them? Because otherwise they might think you are guilty? I'll let you in on a secret - the police already think you are guilty. They are just looking for something to affirm that belief.
Second, and finally, let's say they search your stuff and find some marijuana. What should you do? What you should not do, ever, is talk to the police. What you should do, every time, is invoke your right to remain silent and ask to speak to your DUI lawyer. And then don't talk until you have a chance to speak with your Seattle DUI attorney.
There is a reason for this, and, ironically enough, the example I am about to use comes from an episode of "Raising the Bar," the criminal law show with Zach from Saved by the Bell, is that it is really hard to tell whose illegal drugs are whose, unless you claim ownership of them. It goes something like, there are no fingerprints on the vials, there are no fingerprints on the plastic baggies, do you know what is inside the cushions of your couch right now? The cop answers no to everything and says he is pretty sure no illegal drugs are in his couch cushions, to which Zach points out that pretty sure is reasonable doubt.
That story probably made little sense, so let me bottom line it for you. A good criminal defense attorney has more to work with and has a better chance of getting a not guilty verdict or your marijuana possession case dismissed the less you talk and agree to let the police do stuff.
So, I hope you learned your criminal defense lesson of the day - don't ever consent to a search and talk to the police as little as possible.
Related Posts:
Seattle DUI Attorney Advice - Don't Let the Cops Search Your Car
An Illegal Search Decision from the Supreme Court
