injustice or what??????

[S14Nep]

this weekend we had a lil 240 meet and we decided to go out drifting for a lil fun. we went out to the middle of nowere were the industrial area is on the outskirts of town, we were messing around for a bit and we parked the cars and were just hanging out by our cars bullshiting with eachother and taking pictures of our cars, and a cop showed up and called in for back up.
long story short, they arrested us and searched our persons and went thru our phones and found a couple of videos of us drifting, they ended up impounding 5 of our cars for 30 days and gave us tickets for reckless driving, and exhibition of speed.
i find it fucked up that they went thrue our personal phones without a search warant or our consent, they didnt catch us in the act but they took a phone as evidence, is that a violation of a search and seizure law or what??? the videos couldnt tell who was driving so they dont have enough proof to charge us with all that right? well im getting a attorney to fight my case and my friends as well.

If you have any source of information to help us 240 enthusiests out it would be greatly appreciated.
thanks for reading.

[blueshark123]

sounds like bs what they did but im no lawyer so i cant help. I just know i wouldnt have let them look at the phone or tell them it did not happen here or today

[gotta240]

If you can afford it, by all means, LAWYER UP. Just my opinion, but sounds like law enforcement may have done some very shady/non-procedural stuff. Again, just opinion.

[S13SILVIA|E46M3]

Found this online at askthejudge.info....

"In January, 2011, the California Supreme Court ruled that the police can search a cell phone without a warrant when taken from a suspect at the time of arrest. A warrantless search “incident to a lawful custodial arrest” is constitutional. See here for the court’s opinion in People v. Diaz (2011)."

Mistakes... gotta learn from them.

[wangan_cruiser]

parked in the middle of no where + with 5 drift cars parked

not a good combo.

yea thats sounds like a bs. but they shouldnt go through personal belongings like that.
but i could be wrong

[S14Nep]

fuck sounds like im shit out of luck,
but they were very unpresional.
they were bumping the bad boys theme on the loud speaker and smoking cigars and harrasing one of the girls that was with us.
but its still unsuffient evidence, u cant tell who is driving the cars in the videos.
well i got a lawyer and im going to see what i can do.
thanks for all the feedback guys.

[duffman1278]

If the story is how you say it is then the lawyer should be able to help you out.

[S14Nep]

yeah thats how it happened. we were just hanging out, no one was in the cars and the keys were out of them there was 6 people involved and there all going to testify and the girl is going to press charges for harrasment.

[uLmighty]

daamnnnnnnnnnn. thats some fucked up shit lol. imma ask my political science teacher tomorrow for that shit.

[Cloud9]

they may be able to check your phone (get a lock and deny them access) but unless they have clear image of your license plate drifting in the video they shouldn't be able to issue tickets for anything more then loitering.

Talk to a couple lawyers in search for money you have lost due to unjustified tow and having to deal with no car to get to work/school. Make a complant with the city/ police chief.

Yes you were doing something illegal but that is not what matters in the court. Its is if they can prove it, they cant impound your car because someone said you were drifting or there is a video of cars drifting on a cell phone with out prof that you car was involved. And even then i dont think they could honestly.

Ive taken a fe law classes in college but its been a while. And every state differs in many aspects.

Good luck and don't let cops fuck with you just because they want to teach you a lesson. But honestly, stop street drifting, get on a track.

[gerson408]

sounds like you were doing something illegal in the first place ahaha. yeah get a lawyer man it will really help

[ericcastro]

According to the law, I bet what they did is illegal.

Did they read you your Maranda rights before they looked at your cell phones?
Was there a reason for the search of your vehicles?
They need to have cause to do anything more then, "what are you guys up too"?

I would 100% get a lawyer.
I would talk to a couple on the phone today.
Then I would take the info they give you about what the police did wrong.
And have all of you fill out police reports/complaints on the officers.

They will make you talk to the lieutenant or watch captain.
Just let them know that everyone is filling out complaints and talking to lawyers.
Dont let them know you were drifting or anything !!!!!!!!!!!!!!!!!!!!!

If your lucky, they will just drop charges, otherwise, with a decent lawyer, that will happen in court.
The police reports stay on those officers records and will help them not get promotions and help them get fired down the line.

[Lukasss]

Once youre under arrest, they dont need a warrant to search anything, but if it were a routine traffic stop you can deny access.

Police also no longer have to read Miranda Rights unless you are under-age, They only need to read you your rights once they start to question you over and above the standard questions needed to ID you. Most will do it at that time to ensure its done but there is no legal requirement unless they intend to question you.

Yes, when youre under arrest they can search your phone.
Will it be enough to prove BEYOND REASONABLE DOUBT, that YOU were driving recklessly? I doubt it.

Get a lawyer, they do wonders.

[S14Nep]

no were not under arrest just detained. no maranda rights were read to us, they had our phones on the hood of the cop car and all the cops started going thru all of them.
i talked to a cousin of mine that is a police officer and he said that they were in the wrong and we could fight it in court.
thanks for all the info guys, this is really helping me out. its nice to know so many people are willing to help out with information regarding this. thank you.

[BlackKnightsDriftTeam]

thts total bullshit. theres no way that they can search your phone with out a warent

"Fuck da po po"

[ericcastro]

Originally Posted by S14Nep

no were not under arrest just detained. no maranda rights were read to us, they had our phones on the hood of the cop car and all the cops started going thru all of them.
i talked to a cousin of mine that is a police officer and he said that they were in the wrong and we could fight it in court.
thanks for all the info guys, this is really helping me out. its nice to know so many people are willing to help out with information regarding this. thank you.

yeah, Imagine if an officer just started going through a celebrities phone pic.
There can be personal stuff on there.
They would be in some deep shit.

They just think they can push the little guys around.
fuck them.

[Likethunda]

"Dont trust the PoLICE, Cant Trust the POLICE" cant live with them, cant live without them....


shits fucked up...

[Kemps]

Originally Posted by BlackKnightsDriftTeam

"Fuck da po po"

says the 17yo....

[S14Nep]

yeah it is bull shit i was doing a lil reading about what s13silviale46m3 limked on the thread and it said they can go thru the phones if we were under arrest and we wernt under arrest. so thats one way of fighting this.

[Lukasss]

Anyone who has spare time, this is a good way to get the basics to somewhat educate yourself on things like this

Never Talk to the Police | Quick Hitts



Also, i hope everything works out and you take this to court. Good luck!

[S14Nep]

[/IMG]

[S14Nep]

[S14Nep]

[S14Nep]

i just found out some interesting bull shit!!!! one of the guys that got caught with us got let go because his grandpa was a sheriff and they knew him, what a bunch of crap, what a fucked up system we call the law.... at the end of the day it who you know i guess.. just bummed out now.

[usajdm]

Originally Posted by BlackKnightsDriftTeam

thts total bullshit. theres no way that they can search your phone with out a warent

"Fuck da po po"

Wow, what a clown....

anyways...

What exactly are you "fighting"?
You say you "were not" under arrest(#14), but in your first post you say you were all placed under arrest.
Was your personal car impounded?

Where were you parked?
Private or public property?

Industrial area means security cameras.
So if one camera captured your "drifting" activities..... justified.
Was there a phone call made from a worker inside one of the buildings, concerned of "strange activities"?
Probably, since you were in the "middle of nowhere".
So they can only go off of what info theyve been givin by a "witness".

Not to bring you down man, but chances are, you aint winning shit.
If you dont wanna get hit by the train, stay off the tracks.

[Persona]

So much bad information in this thread.

Get off zilvia, get a lawyer.

[S14Nep]

we were detained, not arrested. and this happened at 11 30 pm so everything was closed. were going to fight about violating a search and seizure law and getting our cars impounded. yes my car got towed.

[S14Nep]

we were parked on a public street

[josephin510]

How much was the thirty day impound? Guys always put passwords/pass keys on your phone.

[dued]

This is a great reason to put a passcode lock on your iPhone if you have one.