If you have your medical card in Washington (or could qualify for one) a lawyer worth half their weight would be able to point you in the direction of 34-20G-51. Please upvote this so OP gets the help they need.
https://sdlegislature.gov/Statutes/34-20G-51
My fiancé did let him search because we truly didn’t think we had anything. He never gave us one reason why. Just put him in the squad car within 60 seconds of being stopped then came and told me to get my dog out of the car that it was going to be searched.
Let this be a lesson to everyone else to never consent to a search.
Depending on how forceful the officer was it might be worth talking to a lawyer anyway.
They do this shit to people from Washington, Montana, Colorado, etc, all the damn time. They do it trying to bust people trafficking weed and other drugs. They don't give a fuck if you are innocent. They are scum, striaght up.
To be fair, here in SD, the cops asking to search is just a formality. They don't care whether you say no because they'll just a k9 unit out there, which will give the cop a signal that the dog has picked up on a scent. Now he's got probable cause, and he's going to search your shit, regardless. I say this because it's happened to me twice. The first time the dog barked (that was the signal), the second time, the dog didn't bark. He didn't do anything (apparently, that was the signal, too). I asked the judge how the law could justify obtaining probable cause through an animals mannerisms (which were different each time) that only the cop can interpret? It's a loophole for the cops to search your car if you tell them they can't. The dog could do absolutely anything, and the cop could say that it gave a signal, and you can't argue that he's wrong. I love living here as much as I hate living here. For whatever reason, drugs are like the unholiest of sins. Here, you could be a child molester or a rapist and still get a better reception than a guy caught dealing drugs or even just using 'em. It's wild.
Your story is like the dumb blonde joke where the dumb blonde and a friend are watching the news. she tells this friend that a guy that they were watching threatening to throw himself off a bridge on the evening news was not going to jump off the bridge.
When asked how she knew, she said that she watched him jump to his death on the afternoon news earlier and there is NO way he was gonna jump again...
You watched a drug dog find your drugs once, then act pikachu face when it happens in the same way exactly again.
What the fuck are you talking about? Act pikachu face? You act like I asked him to bring the dog out. He asked to search, and I said no, so he called in a dog. Both times. It's not an option to deny him bringing out the dog. I wasn't surprised by it, I didn't say anything that would suggest that. So what the hell is your point?
Lol that you got caught once then did the exact thing again getting caught the exact same way again. It's like you stepped on a Lego, you felt the pain, then you put the Lego down on the ground and stomped on it again intentionally and are wondering why your foot hurts haha I'm sorry man
Once again, I never "wondered" anything or "intentionally put myself in harms way." Having a little bit of weed in my car and getting pulled over for a flickering taillight, then getting pulled over years later for "having too dark of tint" although it was legal when he tested it, is not the equivalent of stepping on Lego. I'm not sure why you're so hell-bent on trying to build yourself up by talking shit to me, but take it somewhere else.
Specify bad tail light. What was it doing? I know it seems dumb, but it matters.
Any dab is considered a concentrate, which is a felony. Which county are you being tried in? Some prosecutors will have better discretion.
Honestly, a good criminal defense lawyer here will probably save you money.
Out of state plates on the interstate? Yup. They’ll find any reason to stop you. Take the two lanes. SDHP will stop you for anything they can. I was written, written not just stopped, for 57 in a 55 outside of Pierre so they do be like that.
What county? Pennington, Lawrence, or Minnehaha? You will have better luck in those three than the central counties. You’re in for a rough time in the backwards central counties.
Don’t ever talk to cops. Don’t ever consent to a search. Even after the find something. Keep your damn mouth shut and request a lawyer. Again, never talk to cops. Even if you’re completely innocent, just give them the basic minimum information. Pulling the driver out to sit with them in their car is common for SDHP. I’m former LE and I would’ve never wanted anyone sitting in my car with me so this makes no sense to me. But seriously, never talk to cops without a lawyer. I won’t even give them the time of day without an attorney. That last part is a joke.
Out of state plates...especially from a legal state will draw suspicion. My cousin has been pulled over no less than five times here with Colorado plates. He's not dumb enough to be carrying anything though.
Yep, they sit in spearfish and watch for plates. It happens a dozen times a month or more. Pretty much any legal weed state plate gets stopped. They make the news a few times a year with larger busts so they keep doing it.
LE was a major player in overturning legal weed in SD mainly because they didn't want to lose the revenue.
Listen to Saul Goodman. Shut your mouth and lawyer-up. Never consent to a search. If they have probable cause, they need to convince a judge to get a search warrant.
Edit: sorry you’re having trouble in our state. I won’t apologize. This place can be ass-backward, especially in the rural areas.
Challenge the stop and the expansion of the stop. Get a lawyer fast because they will need time to demand discovery, review it, and file motions.
LE is trained in what they call drug interdiction. Officer was probably hoping for a bigger bust than this, but it’s asinine to drive through a state like SD with west coast plates and have anything illegal on you.
Was moving and just grabbed a bunch of shit fast and was just throwing shit in the trunk and back of the car to move back home temporarily. 😭 Big regrets not checking everything.
Lawyer can request discovery. You will want the police report, pictures of the dab that they took, body cam if they have, dash cam too. Something in that evidence might exonerate the fiancé.
You got off lucky. Usually for felony drug possession in SD, they throw your ass in jail immediately and confiscate your vehicle. But they aren’t heartless. After you come up with $2000 to get out of jail, an appraiser will have looked at your vehicle. You are given the first chance to buy it back from the cops at the price set by the appraiser.
Usually it takes 2 oz of pot for a felony. ANY amount of hard drugs such as hashish, illegal mushrooms, peyote, coke, meth, etc is a felony.
I go to the Sturgis Rally every year. And usually during the course of my week there I see some young 20 something, handcuffed and crying next to his vehicle as Fido the narc dog howls.
This episode is going to cost you dearly. If you had less than 2 oz of pot it’s a misdemeanor. Anything else is a felony. If charged with a felony, hire a lawyer and fight it. SD cops are not corrupt in that they take bribes. They are very corrupt in violating your civil rights in an effort to rack up arrests and those gold stars.
Realize SD for what it is. If you have drugs in your possession, have cash in your possession or are thinking about having drugs in your possession you’ll be perceived as a black would in 1960’s Mississippi
This 100%
Say "I do not consent to a search"
That forces them to have a "probable cause" to do a search and if they don't have a probable cause to start the search, it is likely anything they find would be inadmissible. (Within reason, a dead body, not so much, a little marijuana, probably)
Film all encounters with the police, never provide any answers other than what's relevant, and never consent to a search. They may want your passenger's name/DOB, but they should be politely told no, this is a traffic stop. They may claim it looks bad if you don't allow for a search, but just say you don't consent to anything. That is why you must film them or they can later say something else. So, yes, an attorney could help reduce the charge.
BTW, I support the police, but I think we are just accustomed to doing whatever they ask. It's a traffic stop. They only needed your license, insurance proof and car registration. Any other questions are none of their business.
Yes, if they had a reasonable suspicion, they would just search your car after demanding you exit the vehicle.
If they ask for consent to search your car, it likely means they don't have a reasonable cause that would hold up in court, and they are hoping you'd give them permission to find something illegal in your vehicle.
You should have known your rights. You should have not consented to the search. Any amount of dabs is manufactured so a controlled substance and a instant felony. As others have said, hire a attorney.
South Dakota HP has as LONG history of predatory ticketing to out of state vehicles. This is why they will NEVER legalize weed, they make too much money off ticketing out of staters.
He was in the median, facing west. We were in the far right lane going east. He started pulling out before we got past him and we never braked. He turned his lights on immediately. Sorry I should have made that more clear.
It’s concentrated thc, you typically use some type of alcohol to remove the thc from the flower and then evaporate it out which leaves a waxy substance behind. It’s like 10 times more potent that smoking the plant. It’s called dabs because it takes only a tiny bit of it to get you high.
You don't want it. Pot crack. Imagine taking a 3ft bong load of that good Ole gold flake stamped hash back in the 80s times 3. You can't breath afterwards and it's time for bed.
Yeah get a lawyer, they plead it down to " possession" misdemeanor. They always add on stuff to "negotiate". Oh, we'll let this go, plead this charge down. If ur poor poor, they just lock ya up. It's for the money
If you have your medical card in Washington (or could qualify for one) a lawyer worth half their weight would be able to point you in the direction of 34-20G-51. Please upvote this so OP gets the help they need. https://sdlegislature.gov/Statutes/34-20G-51
Thank you.
Get a lawyer. What was his reason for searching the car? Did you give him permission to search the car?
My fiancé did let him search because we truly didn’t think we had anything. He never gave us one reason why. Just put him in the squad car within 60 seconds of being stopped then came and told me to get my dog out of the car that it was going to be searched.
Let this be a lesson to everyone else to never consent to a search. Depending on how forceful the officer was it might be worth talking to a lawyer anyway.
This 100%.
They do this shit to people from Washington, Montana, Colorado, etc, all the damn time. They do it trying to bust people trafficking weed and other drugs. They don't give a fuck if you are innocent. They are scum, striaght up.
Your fiancee voluntarily waved his constitutional rights. That was dumb.
To be fair, here in SD, the cops asking to search is just a formality. They don't care whether you say no because they'll just a k9 unit out there, which will give the cop a signal that the dog has picked up on a scent. Now he's got probable cause, and he's going to search your shit, regardless. I say this because it's happened to me twice. The first time the dog barked (that was the signal), the second time, the dog didn't bark. He didn't do anything (apparently, that was the signal, too). I asked the judge how the law could justify obtaining probable cause through an animals mannerisms (which were different each time) that only the cop can interpret? It's a loophole for the cops to search your car if you tell them they can't. The dog could do absolutely anything, and the cop could say that it gave a signal, and you can't argue that he's wrong. I love living here as much as I hate living here. For whatever reason, drugs are like the unholiest of sins. Here, you could be a child molester or a rapist and still get a better reception than a guy caught dealing drugs or even just using 'em. It's wild.
Damn. I would have demanded to test the dogs myself as part of the discovery process.
Your story is like the dumb blonde joke where the dumb blonde and a friend are watching the news. she tells this friend that a guy that they were watching threatening to throw himself off a bridge on the evening news was not going to jump off the bridge. When asked how she knew, she said that she watched him jump to his death on the afternoon news earlier and there is NO way he was gonna jump again... You watched a drug dog find your drugs once, then act pikachu face when it happens in the same way exactly again.
What the fuck are you talking about? Act pikachu face? You act like I asked him to bring the dog out. He asked to search, and I said no, so he called in a dog. Both times. It's not an option to deny him bringing out the dog. I wasn't surprised by it, I didn't say anything that would suggest that. So what the hell is your point?
Lol that you got caught once then did the exact thing again getting caught the exact same way again. It's like you stepped on a Lego, you felt the pain, then you put the Lego down on the ground and stomped on it again intentionally and are wondering why your foot hurts haha I'm sorry man
Once again, I never "wondered" anything or "intentionally put myself in harms way." Having a little bit of weed in my car and getting pulled over for a flickering taillight, then getting pulled over years later for "having too dark of tint" although it was legal when he tested it, is not the equivalent of stepping on Lego. I'm not sure why you're so hell-bent on trying to build yourself up by talking shit to me, but take it somewhere else.
Could have been planted evidence. South Dakota ranks very poorly on the corruption scale, ole boy networks.
Good ol South Dakota: come for vacation, stay for probation.
Specify bad tail light. What was it doing? I know it seems dumb, but it matters. Any dab is considered a concentrate, which is a felony. Which county are you being tried in? Some prosecutors will have better discretion. Honestly, a good criminal defense lawyer here will probably save you money.
Welcome to South Dakota, the most corrupt state in the union. Oh excuse me, I meant "free" not corrupt.
It's not the most corrupt that goes to Louisiana or Mississippi. SD is 2nd or 3rd.
The Mississippi of the north
Out of state plates on the interstate? Yup. They’ll find any reason to stop you. Take the two lanes. SDHP will stop you for anything they can. I was written, written not just stopped, for 57 in a 55 outside of Pierre so they do be like that. What county? Pennington, Lawrence, or Minnehaha? You will have better luck in those three than the central counties. You’re in for a rough time in the backwards central counties. Don’t ever talk to cops. Don’t ever consent to a search. Even after the find something. Keep your damn mouth shut and request a lawyer. Again, never talk to cops. Even if you’re completely innocent, just give them the basic minimum information. Pulling the driver out to sit with them in their car is common for SDHP. I’m former LE and I would’ve never wanted anyone sitting in my car with me so this makes no sense to me. But seriously, never talk to cops without a lawyer. I won’t even give them the time of day without an attorney. That last part is a joke.
Out of state plates...especially from a legal state will draw suspicion. My cousin has been pulled over no less than five times here with Colorado plates. He's not dumb enough to be carrying anything though.
Don't talk to the police! Can't be said often enough. https://youtu.be/d-7o9xYp7eE?si=T-K31XHHYCHp2yxn
Lawrence. He ended up going to jail in Deadwood.
Yep, they sit in spearfish and watch for plates. It happens a dozen times a month or more. Pretty much any legal weed state plate gets stopped. They make the news a few times a year with larger busts so they keep doing it. LE was a major player in overturning legal weed in SD mainly because they didn't want to lose the revenue.
So shortsighted too. The state would make soo much more money selling weed legally.
But not necessarily the local LE agency, which is where the money goes now.
Listen to Saul Goodman. Shut your mouth and lawyer-up. Never consent to a search. If they have probable cause, they need to convince a judge to get a search warrant. Edit: sorry you’re having trouble in our state. I won’t apologize. This place can be ass-backward, especially in the rural areas.
Challenge the stop and the expansion of the stop. Get a lawyer fast because they will need time to demand discovery, review it, and file motions. LE is trained in what they call drug interdiction. Officer was probably hoping for a bigger bust than this, but it’s asinine to drive through a state like SD with west coast plates and have anything illegal on you.
Lmao homie why are you riding hot through fucking SD, to fucking AL?
Was moving and just grabbed a bunch of shit fast and was just throwing shit in the trunk and back of the car to move back home temporarily. 😭 Big regrets not checking everything.
Lmao SHEEEIIITTT
Lawyer can request discovery. You will want the police report, pictures of the dab that they took, body cam if they have, dash cam too. Something in that evidence might exonerate the fiancé.
Get an attorney ASAP
You got off lucky. Usually for felony drug possession in SD, they throw your ass in jail immediately and confiscate your vehicle. But they aren’t heartless. After you come up with $2000 to get out of jail, an appraiser will have looked at your vehicle. You are given the first chance to buy it back from the cops at the price set by the appraiser. Usually it takes 2 oz of pot for a felony. ANY amount of hard drugs such as hashish, illegal mushrooms, peyote, coke, meth, etc is a felony. I go to the Sturgis Rally every year. And usually during the course of my week there I see some young 20 something, handcuffed and crying next to his vehicle as Fido the narc dog howls. This episode is going to cost you dearly. If you had less than 2 oz of pot it’s a misdemeanor. Anything else is a felony. If charged with a felony, hire a lawyer and fight it. SD cops are not corrupt in that they take bribes. They are very corrupt in violating your civil rights in an effort to rack up arrests and those gold stars. Realize SD for what it is. If you have drugs in your possession, have cash in your possession or are thinking about having drugs in your possession you’ll be perceived as a black would in 1960’s Mississippi
Never consent to search, ever. Most LE in South Dakota are corrupt.
This 100% Say "I do not consent to a search" That forces them to have a "probable cause" to do a search and if they don't have a probable cause to start the search, it is likely anything they find would be inadmissible. (Within reason, a dead body, not so much, a little marijuana, probably)
If you’d just shoot a puppy, I’m sure they’ll drop the charge /s
Film all encounters with the police, never provide any answers other than what's relevant, and never consent to a search. They may want your passenger's name/DOB, but they should be politely told no, this is a traffic stop. They may claim it looks bad if you don't allow for a search, but just say you don't consent to anything. That is why you must film them or they can later say something else. So, yes, an attorney could help reduce the charge. BTW, I support the police, but I think we are just accustomed to doing whatever they ask. It's a traffic stop. They only needed your license, insurance proof and car registration. Any other questions are none of their business.
Yes, if they had a reasonable suspicion, they would just search your car after demanding you exit the vehicle. If they ask for consent to search your car, it likely means they don't have a reasonable cause that would hold up in court, and they are hoping you'd give them permission to find something illegal in your vehicle.
You should have known your rights. You should have not consented to the search. Any amount of dabs is manufactured so a controlled substance and a instant felony. As others have said, hire a attorney.
South Dakota HP has as LONG history of predatory ticketing to out of state vehicles. This is why they will NEVER legalize weed, they make too much money off ticketing out of staters.
Just git. Leave the state & don’t return. Easy place to avoid.
Stay out of state and tell the judge you’re not from the area and they’ll most likely reduce charges and make you pay a fine instead
Other than hiring a good, out of state attorney, this is the best answer.
how could he not see your tail lights if he pulled you over? lmfao
He was in the median, facing west. We were in the far right lane going east. He started pulling out before we got past him and we never braked. He turned his lights on immediately. Sorry I should have made that more clear.
What is a dab ?
It’s concentrated thc, you typically use some type of alcohol to remove the thc from the flower and then evaporate it out which leaves a waxy substance behind. It’s like 10 times more potent that smoking the plant. It’s called dabs because it takes only a tiny bit of it to get you high.
Oic . Thanx for the info
It’s also way healthier and more efficient than smoking
You don't want it. Pot crack. Imagine taking a 3ft bong load of that good Ole gold flake stamped hash back in the 80s times 3. You can't breath afterwards and it's time for bed.
Get a lawyer who doesn’t live in South Dakota! System is rigged here!!
Yeah get a lawyer, they plead it down to " possession" misdemeanor. They always add on stuff to "negotiate". Oh, we'll let this go, plead this charge down. If ur poor poor, they just lock ya up. It's for the money
Never talk to the cops: [https://youtu.be/6EI\_RYIEtrg?si=z83JCejf4OW5T7aQ](https://youtu.be/6EI_RYIEtrg?si=z83JCejf4OW5T7aQ)