Anyone here familiar with American law

[immrtlwun]

So last night I was in a van (not driving) with some friends headed to a party. I had 3, yes just 3 beers, in a back pack with me. A police officer pulled over the van because one of the headlights was out. The officer asked for all of our IDs and breathalyzed the driver. He blew 0s. They proceeded to bring in drug sniffing dogs on a traffic stop over a burnt out headlight. They claimed it was a new dog that was in training and they were just getting it some practice runs. The dog "sat" on our car, which apparently means that there are narcotics in the vehicle. The dog conveniently sat outside the van next to where the black guy with us was sitting. They proceeded to take us all out of the car one by one and pat us down. Then, the cops searched the car and opened my backpack and removed my beers. They asked whose they were and I claimed them. Meanwhile they found "marijuana shake" next to the seat where our dear old black friend was sitting. They asked us about it and no one knew what was up because we were all dead sober; no alcohol or weed in any of our systems. The driver called the cops out on it and they got ****ty but didn't do anything about it. To make the rest of the story short, since I'm only 20, I got a ticket for minor in possession of alcohol which is a misdemeanor in my state, and probably most others.
I wouldn't really care except that I hope to go on to law school and I know that any type of record, misdemeanor or felony, will not be very helpful. I know that once the drug dog sits, they have probable cause to search the vehicle without a warrant, but since it was a false positive on a dog in training do they still have the probable cause? For anyone that is familiar with constitutional law, is this considered illegal search and seizure since my backpack was closed and they didn't ask permission?

 

[Ingeniarius]

You need to get a lawyer on this one. It may be possible that the cops can claim probable cause for the search due to the dog in the car. Then, as you claimed the beers, you can be in trouble.

Also you have the right to remain silent. You do not have to say anything to the cops except your name, date of birth etc. Just plead the fifth all the time.
Even if they don't arrest or detain you, you don't have to and shouldn't talk to them at all.
I have been under investigation twice by the police and state attorney's office, once for unlawful possesion of firearms, once for unauthorized use of a vehicle in combination with grand larceny. I have had my share of trouble with these people. Even though the state attorney later admitted to me that I did not commit a single crime, my advice at this point is
1) shut up
2) get a lawyer
3) watch this video
http://www.youtube.com/watch?v=yqMjMPlXzdA
Talk to a lawyer.

 

[immrtlwun]

One of my friends has an uncle that actually works specifically with alcohol related cases so I'm working on getting in contact with him.
I know they had probable cause because the dog sat, but like I said my issue with it is that the dog sat for no reason. There was nothing illegal at all in the car that he dog should have sat down for, the cop was just looking for a reason to get us out of the car and f**k us over.
I mostly want to know if its worth fighting seeing as how I'll probably get a fine and some community service. As in, would a misdemeanor do anything to hurt my chances at getting into a decent law school in a year or two?

 

[Smack]

lol

Only in America can a twenty year old get a ticket for having a few unopened beers in his vehicle.

Sorry if that wasn't helpful.

 

[DarthAngel707]

Bible Belt should answer this one.

 

[Wiesman44]

If u care so much about law school, what are you doing driving around w/ alcohol and being so careless ? Sounds to me like this was all your own fault.

 

[Bible_Belt]

I wouldn't really care except that I hope to go on to law school and I know that any type of record, misdemeanor or felony, will not be very helpful.

Pretty much everyone at law school is a drunk. They don't care about booze. The important thing is to never lie to the bar association about the ticket by not disclosing it when they ask. You tell the law school when you apply and the bar association when you go through the background check to pass the character and fitness eval.

I know that once the drug dog sits, they have probable cause to search the vehicle without a warrant, but since it was a false positive on a dog in training do they still have the probable cause?

That is actually a very good legal question. I think if you had about $10,000 to pay an attorney to get out of what will be a ticket for much less than that, then you might be onto something.

For anyone that is familiar with constitutional law, is this considered illegal search and seizure since my backpack was closed and they didn't ask permission?

If the dog's indication of interest is good enough to make it a legal search, then it does not matter. They were looking for the drugs they thought the dog was smelling. After the dog gives them probable cause, they don't need permission.

 

[CarbonFX]

http://www.youtube.com/watch?v=yqMjMPlXzdA

Sort of a long video, I would recommend everyone should watch it. This is what they should of shown in drivers ed. The first scene relates to the situation described here.

This is rather a preventive video, not sure anything can be done here as it has already happened.

 

[Ingeniarius]

http://www.youtube.com/watch?v=yqMjMPlXzdA

Sort of a long video, I would recommend everyone should watch it. This is what they should of shown in drivers ed. The first scene relates to the situation described here.

This is rather a preventive video, not sure anything can be done here as it has already happened.

Just the video I recommended.

--> The message of the video being: Shut up and don't consent to searches or the like.

 

[CarbonFX]

My bad, I didn't realize it was posted previously. Well now you have two endorsements.

 

[immrtlwun]

To Wiseman, I wasn't the one driving. I did nothing wrong (as far as attracting the attention of the police) except for riding in a van in which one of the headlights was out. I know it wasn't a great idea to have beer with me, but it was some crappy circumstances that led to everything.
I got a few numbers to call and see what a lawyer says about the situation. After talking to some friends who were in similar situations, it won't be that big of a deal. Thanks to all of you guys for your input both useful and not so much.

 

[Bible_Belt]

Hey immrtlwun, ask your lawyer the question you posed in the OP:

I know that once the drug dog sits, they have probable cause to search the vehicle without a warrant, but since it was a false positive on a dog in training do they still have the probable cause?

And let me know what he says. I am curious to know. Thanks. And don't forget to disclose the ticket to the bar and your law school, even if you end up getting off, you are still supposed to tell them. The ticket is meaningless to them, but not telling them about it is HUGE. Good luck - study for the lsat and keep up your gpa, those two things matter 100x more than any drinking ticket.

 

[immrtlwun]

As for the question about the dog sitting for no apparent reason, I talked to a family friend who is a police officer and he said that they still have the right to search the vehicle. I will ask the lawyer though and get his opinion from a lawyer's perspective. I'll let you know what the lawyer says.

As for getting ready for the lsat and law school, any good prep books you would recommend or any other pointers? I'm about a year and a half from graduating college and holding steady to a 3.7 gpa, so I figure that now is the time to start getting serious about prepping and working hard to get the gpa back up to the 3.8-3.85 range.

 

[Bible_Belt]

There are a lot of good books out there, as well as old tests. Learn the logic games - either you know them or you don't. I hardly missed a question on 2/3 of the test, but I had to guess at every logic games question because I did not prepare well enough. Your score is just as important as your gpa, so investing in preparation will pay off. Take a practice test and see how you do. You can compare your estimated undergrad gpa and lsat to the averages for whatever schools you apply to so that you have an idea where you'd get in. If your scores boost the average for the school, they will typically give you a scholarship, essentially paying you to go there so that you raise their numbers. If they require a certain law school gpa to not lose the scholarship, make sure that you find out their grading curve, or the number is meaningless. I thought it was dumb that my law school said I had to keep a 2.5 gpa, because I had a 3.6 in undergrad. But I did not realize, and they did not mention, that they also had a 2.6 median. So I got below-average grades, which is not hard to do because grades are all a competition and law school kids are like the scholastic all-star team, and I ended up losing the scholarship. That was not a big deal because it was a cheap state school, but I know a lot of people who had the same thing happen to them. My school is typical of other schools - they like to give out scholarships to almost everyone and then take them away from almost half of everyone. Doing so frees up scholarship money to attract new high lsat scores to boost the school's rankings. If you can get into a top-25 school, it is worth the debt you have to take on. Otherwise, I'd say to go to the best school that will pay your way for free. Anything outside the top 25 will only offer you prospects at the high-paying "biglaw" jobs if you are in the top 10% of your class. Those odds stink, and they should pay you for that deal, not the other way around.

Here is a good link:
http://www.4lawschool.com/

The case briefs are golden for your 1L year. I'm not sure what is up with the forum part wanting a password; the forum is somewhat helpful if you can tolerate the typical petty b!tchiness of the passive-aggressive law school nerds.