Marijuana.com

El GranLuchador

Hello this is my first post although I have been "lurking" on these forums for about a month so I kind of know a little about some of the people here...

Anyways, I have a question about probable cause and unauthorized searches. What if I am stopped by an officer for any reason (speeding, broken tail light, etc)...he asks if he can have a look around the car, and I say "I dont consent to a search officer, I really need to get going."

The car does not smell like anything, and the only weed i have is a little baggy in my glove compartment and the car does not smell at all...So the cop wants to search, and I wont consent, all he has to say is "the car smells like marijuana" and he would have probable cause to search?

This seems like probable cause is a sham and the officer can say whatever he wants and use that as probable cause, because in a courtroom is the cop says it smelt like weed and i say it didnt it will be his word they believe...so the question is, is it really this easy for a cop to say he has probable cause? is there anything i can do to protect against this kind of "probable cause abuse"?

 

WNB

Well, you're right. There isn't alot you can do about it either. However, if the cop does that regularly, chances are the local judges and lawyers will know about it, so his word that it really smelled like weed will be worth alot less.

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nateddi

Uhh, I don't know how frequently you've been pulled over in general, but I think you're being over paranoid.

Unless you have some REALLY unusually evil cops, you will be fine. I've been either pulled over or in a car with friends while pulled over, probably a half dozen times over the last year and a half. Never did an officer ask to search the car.

One time, I was clambaking in my friends car 10 minutes before being pulled over (that was a lucky break though, obviously). The cop was suspicious and looked around the car from out the window. Didn't ask us to step out or to search.

Once my friend was doing 47 in a 25 zone, pulled over by a cop, got a ticket pretty quickly and the officer was pretty nice and did not even bother to ask anything relevent to a possible further detention/search. (We didn't smoke, but I had some weed in my pocket)

One time last summer, a cop pulled my friend's car with 4 ppl in it after the officer was called for us 'messing arond behind the barn' (we were smoking a joint, I guess someone called on us). He took our ID's, checked them, didn't ask to search and let us go (I was stoned at the time and had buds in my pocket).

I've also been in an accident and got pulled over for other bull**** when I was clean and the situation looked normal (as what YOU'RE describing!), and obviously had no issues with the cop.

This is all, mind you, in an upper class area around Birmingham Michigan, the cops have NOTHING to do except bust stoners and give traffic violations.

The point is, don't be so paranoid. Just keep your car not too messy and act nicely to the cop, you'll be fine.

Cabs

Well unfortunatelly, even if it dosen't smell, and he finds the weed. Your screwed. If he finds weed, the judge is most likelly going to beleive his testimony about the car smelling like marijuana. MAYBE you could take the cop to court if he repeatedlly searched your car, agains't your will/while you were in a hurry, and found nothing each time... but the chances of that aren't even good. Just act calm and, if he asks you if he can search your car, and your weed is not well hidden, tell him that you have some marijuana in the glove compartment (or where-ever) and comply with anything he asks you, if it isn't more then an ounce or 2, you have a chance of just having your pot confiscated/ possible fine or court hearing where as if you lie, your almost always guaranteed trip to jail. Be nice and honest with the "pig", I guarantee it will pay off in the long run.

DarkLance

I think the officer is allowed to perform a cursory inspection at anytime. What this entails will likely vary depending on local laws, but he is obviously allowed to look around the vehicle for obvious things. Beyond that, he would need some kind of cause. A piece or papers stuffed into a ashtray left open, for instance.
Even then they are sometimes limited. Here in New York police are supposedly allowed to check within reach of the driver and any passenger. This obviously excludes the trunk, engine compartment, and a locked glove-box.
And I would not blurt out, "I don't consent to search!". Try and be somewhat tactful about it. And for God's sake people, don't do stupid, suspicious things, if you seem like a normal person they will treat you like one. Keep your mouth shut whenever possible and be polite. Don't be an idiot with a chip on your shoulder and start denying things you haven't done yet.
You should treat any confrontation with LEO as an interrogation. Deny everything, and say nothing. The only thing you should offer to the cops is what's on your driver’s license.

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WNB

Are you a cop or something?

Don't tell them you have weed, and don't consent to a search. Sure, sometimes if you're upfront you'll get a nice cop who'll let you off. Most of the time they won't, especially if they asked to search (meaning they want to make a bust). On the other hand, if you never consent, you're almost always going to have a better chance of walking away with no charges.

Cabs

If you don't concent, they'll just say they smell something and search anyway... I'm just saying if its not well hidden, its better for you to admit to having it before they find it... also they usually ask you again BEFORE they check so if you lie the first time before they tell you they are searching... you have a chance to come clean. If its well hidden, yea, deny it all the way. Just hide it man, thats the key.

troublemaker_42

I aggree with WNB here. Why in the world would you admit to having pot in the glove box??? Consider yourself arrested, at least where I'm from, if you do that. Without probabl cause, te cops have no right to search. A simple "I'm sorry officer, but I'm in a hurry" or some such thing should be all thats necessary to stop the search before it starts, if the officer has no probable cause. Admitting to a crme that the officer thus far doesn't have evidence of is just plain stupid. Your stategy Cabs, may pay off in a miniscule amount of situations, but more than likely, you're sending yourself unnessicarily to jail. By consenting to a search, you are giving up your rights, and you will more than likely be charged with anything and everything the LEO finds. However, by refusing a search, especially when no proable cause exists, you stand a good chance the fruits of an illegal search to be suppressed in court. No evidence = no crime= you not going to jail. I ave consented to searches while in possession of illegal items, but I was taking a big risk in doing so. I was confident that said illegal items were well hidden enough that the average law enforcement officer would not locate them, and my gamble proved to be effective. On another occasion, a passenger ate what little cannabis was in our possession, as we were being pulled over by a LEO I recognized as a K-9 officer. Probable cause isn't needed for a walk around of the vehicle by the dog, but the officer asked permission to search the vehicle anyways. Again, I consented, hoping he would look himself, rather than bringing the dog out. Although there wasn't any cannabis in the vehicle, Im sure the dog would hhave alerted to something, as marijuana was VERY recently in the vehicle. Again, my judgement proved to pay off, as he did a quick search himself, didn't find anything, and sent me on my way. there is no simple blanket statement that can be made that will cover what your actions should be during a traffic stop. there are far too many gray areas and details to take into consideration. There are two rules I live by though. Always be calm and access the situation and your options. Number two only pretains to traveling with passengers. Always make sure your passenger's story and yours will match if questioned. Far too many people get arrested when the passenger's story somehow doesn't match the driver's version. Be careful, be smart, and everything usually works out.

Cabs

I have been in 2 searches... where marijuana wasn't used in the car, but the driver looked/acted like the stereotypical "pot head" and we were searched because the cop "smelled something", even after the driver had told the cop he was heading to his mothers birthday party and didn't have time, or was going to be late for a job interview... in both cases the marijuana was not well hidden. Because the cop FINDS marijuana... the judge will trust that he did in fact smell something... since he wound up finding it. But maybe thats not true in all cases...

Also not to change the subject, but I was walking around (with no fireworks) on the 4th of July, and was repeatedlly asked to empty my pockets by multiple cops (4 cars) at different times, who didn't take my word for it that I didn't have any (fireworks are illegal here)... I guess the cops just aren't that nice here. Now that I think back on it... I should have told them no just to exercise my rights... but they intimidated me with their guns, and nightsticks.. which they each had out.

WNB

Well not all cops will lie about having PC. Plus if a cop wants a bust bad enough to lie about smelling pot, he certainly is not going to let you off if you come clean, meaning your strategy is never a good idea.

You're doing something wrong if cops randomly pull up to you, draw their guns and ask you to empty your pockets. Either you've got a little history with them, or you make an extra effort to look shady.