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Cyndi G.

Can an officer search entire contents of my purse and wallet after being arrested for Driving While Impaired by drug

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I was arrested for driving while impaired bu drug, even though I was pulled on the side of the road with my flashers on after calling 911 per my son's request for an ambulance to take him to a mental hospital. The officer stated as soon as I opened my window that it smelled like marijuana in the car and asked if we were smoking marijuana in the car. I replied that no we were not smoking marijuana in the car nor was there not any marijuana in the car and there wasn't any marijuana smell in the car. She asked for my license, came back and proceeded to give me sobriety tests, 2 of which were inside my car, and then asked me to get out of the vehicle where she performed about 3 or 5 more tests. After the tests she told me that I failed the tests and that I was under arrest for DWI. About ten minutes later she came back to her patrol car with my purse and wallet in hand along with some medication that I had stashed in my wallet like two months previously that I had tried for my ADD. I didn't even know it was in there, I thought that it was lost or stolen, so I must have forgot I had put it in there and probably meant to take it out, and not to carry it around with me, knowing that NYS even will use prescribed medication by a doctor to charge you with DWI and convict if they find it in your blood. So I knew that she must have searched my entire purse along with my wallet. I read about the 4th amendment right and it states that she had to have a warrant to search my purse. Also on the police report she lied about the way that she came across the pills which drew red flags with me because I had no idea about this amendment until I did a lot of research. She stated in her police report that she put my purse in the front seat of her vehicle after arresting me, and my purse was open, and she saw a shiny wrapper in it, pulled it out and found the pills. That is an outright lie or false statement which clearly shows on the police cam footage. She searched it when she got it out of my car and put it on a hood or trunk of a vehicle, put her gloves on and went digging through the entire contents of my purse including my wallet where I had them. I change my purse at least 2 times a month, but my wallet maybe once in 6 mths. So I would've known it was there if it was just laying in my open purse, plus you can clearly see her pulling it out of something inside, and also she brought my purse and wallet seperately to show me what she found and asked me what it was. My court appointed attorney said she can search my purse because it was in my vehicle that she smelled the weed in. But if that is true then why did she lie on the police report as to how she came about finding it? And for the record there wasn't any weed in the car, in my blood. or my son's blood they test when he goes into the hospital. The thing of it was is she wasn't using the marijuana smell thing to get me for driving while impaired. Apparently she really believed she smelled marijuana coming from the car, because she goes back to her vehicle with the other officer saying real low that I think I smell marijuana in the car. So obviously she doesn't know what it smells like at all. We were smoking cigarettes is all.

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The fourth amendment does not prohibit searching a person's purse pursuant to a custodial arrest.  The officer's police report is not a legal document and the officer can write anything she wants about the incidents of the arrest.  Was the medication in your purse that you "tried for your ADD" prescribed bu a health care provider for that purpose?  Why would you stop on the road and call 911 for an ambulance to take your son to a mental health facility?

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Please don't use oddball fonts/styles.

 

 

2 hours ago, Cyndi G. said:

I read about the 4th amendment right and it states that she had to have a warrant to search my purse.

 

I'm not sure what "it" refers to in this sentence or what you might have read.  However, as a general proposition, this is not correct.

 

Beyond that, the only question in your post was an obvious rhetorical question, so I'm not really sure what the purpose of your post is.

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