You might have a shot at getting the charges dropped due to illegal search and seizure.
As far as I know, cops are allowed to pat down anyone they want to check for weapons. If they don't feel a weapon, they cannot search you. It would be hard for a cop to mistake a weed pipe for a weapon. Therefore if he was doing a pat down for weapons he did not have the right to escalate the search into emptying your pockets etc.
And this stuff about you looking like the person they were searching for... What ever happened with that? Did the cop just say after he searched you and wrote you your weed ticket, "I guess you're not the one we were looking for, have a nice day" ... If you being a suspect in another crime was the foundation for the search of your person, the "fruits" of the search may only be as valid as its foundation, which in this case is shakier than a bag of shake. I'd take this to trial or at least be ready to when it comes to pre-trial negotiations... try to get a nice deal with no jail time ... remember, maintain your innocence and appeal to your rights as a United States citizen protected by the constitution, specifically the gauranteed protection from illegal search and seizure. |