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kountryboy091683

Stand-in Witness During Police Search Upon Detainee's Behalf

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Somewhere I had discovered that police were not allowed to go forth with a vehicle search, even if I was being taken to jail, if I had reason to believe that there was foul play about to take place but, I had requested a stand-in witness to view the officer as he entered and searched my vehicle and the witness had to be able to reach our location within a reasonable amount of time. Kind of similar to the police dog open air sniffs. Is there truth behind this in Texas? In recent time I had a police officer working with an informant to plant meth in my truck and the police officer pull me over for my traffic violation warrant, take me to jail, and magically find meth in my truck. The whole night seemed extremely odd and very fishy that foul play was about to happen so when I was pulled over I continuously demanded that I have a stand in witness before the officer entered my vehicle. DENIED! The one officer that I was most concerned about entered my truck on the driver's side by himself for several minutes while the other two cops detained me and the informant. The officer emerged from my vehicle asking if I myself was a good enough witness. He pulled out his phone, took a rear shot of my truck and trailer, opened both passenger doors to take another picture, opened my center console and stated "What is this?!"  Funny part is that not an hour before this took place I had emptied my entire center console looking for butt connectors to wire up my stereo. No dope was in there at that time and I hadn't bought dope in almost three months at that point. I had just lost my house and was in the middle of moving from being evicted. Had no money to buy dope if i wanted to! Now I'm going to court on it and the one video that would show the officer's misconduct is blacked out. What can I do to prove this officer's role in this blatant set-up operation they ran on me. Whether or not I am a drug user should not be a factor because if there is one thing I can guarantee you, it's that if I legitimately had meth on me during this search, one I'd have been aware of it and two they would have never in a million years found it! Not with dogs, not by tearing my truck apart, nothing, no way no how, GUARANTEED! That is one thing that doesn't happen! I don't and have never lost or misplaced money or dope. Help please?! My court appointed is trying to talk me into signing first offer. They are enhancing me to a habitual offender and starting sentencing at 15 to life!

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There is no right for you to personally witness the search, much less right for you have some stand-in witness the search. Put another way, the police are not barred from doing the search if you are unable or unwilling to be there when the search is done for whatever reason. The Constitution requires that the police either have a warrant or that the circumstances meet one the Supreme Court’s exceptions to the warrant requirement. That’s it. Nothing in the Constitution says anything about you having a right to witness that search.

 

One of the exceptions to the warrant requirement is an inventory search of a vehicle that is being impounded by the police after the arrest of the vehicle driver. The police may search that vehicle without you or any person designated being there. So if the drugs were found in that kind of inventory search that’s going to be difficult to challenge. Proving that the police planted the drugs will be next to impossible without some evidence of that other than your own self-serving testimony.

 

And while you may think you always keep perfect track of your drugs, my experience with drug users and addicts is that their memories of such things are notoriously bad, especially with drugs like meth. It's not surprising given what these drugs do to the brain.

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Hi @kountryboy091683
 

Welcome to the community and thanks for posting. Police searches of vehicles will depend on the circumstances of the case. If police officers do not have a warrant to search the car, then they can perform the search if: (1) the driver/owner consents to the search, (2) police officers have probable cause to believe that there is evidence of a crime in the vehicle, (3) the officer believes a search is necessary for his/her own protection, or (4) the driver has been arrested and the search is related to the arrest.

 

However, we are unaware of a law of criminal procedure which guarantees an individual the right to supervise a search, or appoint a "stand-in" to supervise vehicle searches.

 

If you believe that drugs were planted in your car, if may be difficult to find evidence of this if the video in unavailable. However, given that you are facing a significant potential sentence, you may want to speak with a criminal defense attorney. You can click here, or use the FindLaw lawyer directory to find qualified attorneys near you.

 

Best of luck!

The FindLaw.com Team

 

 

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Thank you both for your responses. First of all I guess Tax_Counsel didn't read where I had stated that I hadn't bought drugs in months and had been through my center console not but an hour earlier. So, to assume the dope was mine and misplaced just because I stated that I use to use or had used or even if I still use is a conviction without following the facts. Remind me to not pick you for my jury docket. My drug usage is not what is gonna be on trial. It is the possession of the meth to be tried. Thank you for the clarification of the law though. I am appointed an attorney but he's not trying to do anything he doesn't have to or that is not required my the state. That's why I have kind of taken matters into my own hands as far as figuring out how to prove this officer of the law knowingly commited an act of misconduct and has unjustly charged me with the offense. The informant that was in the passenger seat of my truck had also been taken into custody but never indicted when neither one of us would stake claim to the dope. That is his 3rd or 4th dope case to catch with other people yet he never sees a court room or gets indicted. He should be serving on multiple life sentences now for assault cases against his own family and girlfriend since he was supposedly been to prison twice for beating children up with baseball bats. Hell the dude just bit his brother's ear off and got all charges dropped! I mean we're talking a real high class winner right here. Con artist, sociopath, abusive womanizer who leaches off of society strictly for his selfish personal gain. Then if he feels threatened by you or that you're standing in his way from obtaining whatever it is that he wants in any way, you too will be set up. Tell me he's not working for some agency high up and I'll call you a liar! Wish I would've known all of this beforehand about who I had in my truck.

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6 hours ago, kountryboy091683 said:

Thank you both for your responses. First of all I guess Tax_Counsel didn't read where I had stated that I hadn't bought drugs in months and had been through my center console not but an hour earlier. So, to assume the dope was mine and misplaced just because I stated that I use to use or had used or even if I still use is a conviction without following the facts.

 

I read what you wrote. I did not assume that the drugs were yours. But I also took into account the possibility that you may have missed something or forgotten something about where you had placed drugs you that you had in possession at one time. I've seen drug users who put drugs in various places in their cars or homes, forgot about it for months and despite having looked around the house or car didn’t happen to find them and only remembered they were there after the cops found it on a search. In general, drug addicts and regular users don’t have the best memories. So I take what I hear on stuff like this with a little skepticism and account for all the possibilities.

 

In any event, you have the problem of either (1) getting the search ruled invalid by the court and getting the drug evidence tossed out or (2) proving to a jury that the drugs were planted there by the cops. You won’t win on (1) by claiming you should have been able to witness the search or have a proxy stand in for you to witness the search because there is no requirement that you have to be there to witness the search. Instead, assuming that the cops did not have a warrant to do the search, you’d need to prove that the cops had to have a warrant and that the inventory exception to the warrant requirement does not apply. There are not enough facts here to know if you have anything to help you make a good argument for that.

 

As for proving the cops planted the drugs, you need more than just your assertion that they did it. Do you have any independent witnesses, any video, or any other evidence to use to prove the cops planted the drugs? If the answer is no, you won’t convince a jury that you ought to be acquitted based on the drugs being planted.

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As of right now the video that would or could prove that the cop had committed an illegal act of misconduct just so happens to be blacked out, as in not nearly enough lighting. What comes across odd to me is that the video footage is hazy as well, where as the officer in question, was right next to the one who had the blacked out video but you can't even see the headlights on. I've kind of drawn out how it was laid out during this officer's "finding" of the drugs and where everyone was standing. Me and another officer were by the cop car in the middle. The guy that either set me up or was working with the cop to plant the dope and another officer were by the car on the right. All while the one cop in question was in my truck by himself. The yellow lines represent their headlight coverage and this all happened at a gas station. There was no video given from the patrol vehicle on the far right. The one in the middle was the officer in question's car, and the one on the far left was the one with the blacked out video. As the officer on the far left pulled up, the one in the middle who was doing the search told the one on the left to kill his lights. But to show you more of the harassment I have gotten before this and twice since this at least every 2 weeks I am pulled over and taken to jail, have guns pulled on me, placed in cuffs and have a big show go on. Even as recent as last night. The officer that searched my truck and supposedly found the drugs pulled me over again last night, yells, across the p.a. system at me to exit the truck while I'm in my friend's driveway with his and other officer's lights flashing like crazy, made me get on my knees so he could put me in cuffs, accuse me of everything under the sun, and then let me go. The time before that it was broad daylight and I was putting diesel in my truck when two officers swarmed in on me in their patrol vehicles, one officer jumps out hollering my name with his sidearm drawn on me telling me to place my hands behind my back, and then accuses me of using an alias to hide the fact that I had warrants, runs my name, I came back clear, and they let me go. After he took the cuffs off of me I asked him what he ran up on me like he did for. He informed me that the officer that planted the drugs on me that one night told him that I was violent and needed to be handled accordingly. So, I guess I was pumping diesel in my truck violently or something but there is no reason as to why these officers are acting this way towards me. Anytime I have been arrested I have complied and I have no alias' on record to give the guy any idea that I would even start to have one. But other than the video, I have some voice recordings of the guy in my truck after we were released where his story constantly changes in a matter of minutes while speaking to some friends of mine.

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