possible illegal search.

[rasaic409]

Sunday morning (1:45 AM), I was pulled over for an out license plate bulb (one of 2 was still lit, thus being legal, but an excuse none theless for a traffic stop) and the officer confiscated my pocket knife under local ordinance (legal under Ohio state law because it was in plain sight) and then searched me for further "Weapons" and had me sit in the back of his patrol car for further questioning. During this time, he closed the door, detaining me in his patrol car. He got in and stated that he had to search my vehicle, not asking for permission, nor stating his probable cause for the search, and pressured me into admitting to a 24" club next to my seat (Self defense, I deliver pizzas and have some times in my possession large amounts of cash) I understand that at this point that I had given him probable cause to search my vehicle, but I was detained against my will, never explained my legal rights and being under pressure, I was not in a clear enough state of mind to request a warrant. Well, he began searching my vehicle and found Marijuana, a couple pipes and a zig-zag rolling machine), and now I have 9 charges (including traffic) against me, though cause for 5 of them were obtained during the search (charge for the club, possession of Marajuana [under 100 grams, minor misdemeanor], 2 counts of possession of paraphernalia for the pipes, and one count for the cigarette rolling machine).

My question is since I was detained in his patrol car, (not yet under arrest) and I was not free to go and I felt pressured to admit the club, thus giving him probable cause to search the vehicle, does my defense of "Involuntary consent to search" stand a chance?


Thanks,
Rick