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| I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law. |
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#1
 2008-07-07, 10:21
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thelaz 
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Fake I.D.
basically i was driving with my girlfriend and a buddy of mine who was shit faced in the back seat. it was about 12:30am and i was pulled over for "tail gating" and "speeding" although i was ticketed for neither. they did not think i was drunk but they searched my whole car including my wallet where they found my fake id and they offered no explanation for the search (im assuming it was because my friend was underage and intoxicated). I am going to get an lawyer because i feel like i was searched unlawfully. anyone else agree??
i live in CA and through my previous knowledge and research i thought a fake id that had your real name/address/picture was only a misdomenor but i was charged with a felony and spent the night in jail :(
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#2
 2008-07-07, 16:34
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Re: Fake I.D.
Did your friend willingly participate in any roadside sobriety tests or take a Breathalyzer test to determine if, in fact, he was drunk or not? Passengers don't have "implied consent" so unless he agreed to take the tests than giving them would be a violation of the fourth amendment. Furthermore I'm not even convinced that an inebriated passenger is grounds for probable cause (the right to search your vehicle). Therefore, the only legal way for the police to have searched your car is if you gave them permission (or didn't object to their search). I would definitely consult with a lawyer because, from what I understand, there is a good chance this whole thing will be thrown out.
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#3
 2008-07-07, 16:36
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Re: Fake I.D.
Quote:
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Originally Posted by thelaz
basically i was driving with my girlfriend and a buddy of mine who was shit faced in the back seat. it was about 12:30am and i was pulled over for "tail gating" and "speeding" although i was ticketed for neither. they did not think i was drunk but they searched my whole car including my wallet where they found my fake id and they offered no explanation for the search (im assuming it was because my friend was underage and intoxicated). I am going to get an lawyer because i feel like i was searched unlawfully. anyone else agree??
i live in CA and through my previous knowledge and research i thought a fake id that had your real name/address/picture was only a misdomenor but i was charged with a felony and spent the night in jail :(
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Sounds like you got off the hook. You still got jerked around though.
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#4
 2008-07-07, 16:38
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UrAPhackit 
Regular
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Re: Fake I.D.
I don't know. Either way, a fake ID is a fake ID.
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#5
 2008-07-07, 16:52
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Re: Fake I.D.
Quote:
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Originally Posted by UrAPhackit
I don't know. Either way, a fake ID is a fake ID.
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True, a fake ID is a fake ID. But if such ID is obtained by police in an unlawful manner than it is not permissible in court.
Edit: Is your alias a wordplay of facit?
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#6
 2008-07-08, 06:15
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Re: Fake I.D.
i was charged with a felony and spent the night in jail :(
Sounds like you got off the hook.
errr....
How does "charged with a felony" = "got off the hook"
Secondly, I have a question regarding fake IDs. If you have a fake license you can lose your real license. What about a fake passport? Could you lose your license for that? There are other government IDs besides a drivers license that you can use for fake ID to buy booze.
Also, what if the fake passport is for the UK (and you live in the US). Technically you aren't forging US government documents, you're forging British ones. Can the US charge you for break a British law?
EDIT: I want to weld a small safe to the frame of my car and keep illegal stuff in it. Even if the police search your car, they will be unable to open the safe. You can just simply refuse to open it and the only way they are getting it open is if they get a warrant (which they wont get/bother).
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#7
 2008-07-08, 07:13
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Re: Fake I.D.
EDIT: I want to weld a small safe to the frame of my car and keep illegal stuff in it. Even if the police search your car, they will be unable to open the safe. You can just simply refuse to open it and the only way they are getting it open is if they get a warrant (which they wont get/bother).
Facepalm.
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