Wednesday, March 26, 2014

No, You Weren't Being Profiled When You Got Pulled Over, You Were Just Being Plain Stupid

Had a potential client, along with his mom, come in and tell his story of woe.

He gets pulled over and busted for possession of a certain green leafy substance.

His mom flatly and righteously declared that he was only pulled over 'cause he was Driving While Black.

All righty then.

So I begin to discuss the facts and learn the following:

The stop took place at night on December 31st, on a highway. Keep in mind that's New Year's eve.

The police car apparently came up, went ahead of him, and dropped back to then pull him over.

Asking further questions as to why the officer did that, she says, "well one of the headlights wasn't working". I point out that's a perfectly valid reason for a stop.

He then quickly pipes up that the cop wouldn't be able to tell that the headlight was broken.

"Why would that be?", I ask.

'Cause both headlights were working because he was driving with his high-beams kept on, on a major highway, at night, on New Year's Frickin' eve!

I explain that's a valid reason for a stop and to forget about challenging it on racial profiling grounds. They don't seem to like that response, what a surprise.

Then they state the leafy substance wasn't his but that it likely belonged to either her ex-boyfriend; their nephew with a medical marijuana card that she knows is driving suspended, but she lets him drive the car anyway; or her friend who is often a passenger in the car and has been know to smoke in it.

I ask if any of the above want to come forward and testify that the kid didn't know they had hidden the weed in the car. She states none of them would do that.

I then explain the concept of constructive possession and how if no one else is going to step up, it's on the kid, and a plea bargain is in order here.

They don't like that either, nor do they like the idea that they may, gasp, have to pay a reasonable amount for legal services and expect me to magically make it go away on the extremely cheap.

Well, No.

I wasn't retained, they're not my clients, none of the facts related in this tale are outside of the police report, and I suggested they ask for a court-appointed attorney who will likely tell them the same thing I just did assuming they don't want to actually hire an attorney to represent them.

Good luck with that.


Murphy's Law said...

Sigh, I'll be getting out my checkbook because I'm sure that they'll be going the "public defender" route before too much longer. In America today, everyone can find money to pay the weed man but no one seems to be able to buy their own groceries, pay their own rent, or cover their own lawyer bills for that weed bust. Give Obama a few more years though, and everyone will have a right to free legal representation...but if you like your lawyer, you can keep him.

ProudHillbilly said...

Never thought about how much stupid and entitled that lawyers would have to deal with. Kinda like being a social worker.

Old NFO said...

I can believe they didn't like the 'truth'... And I'm betting it was probably his...