cg1800

Background: Recently, I made the mistake of smoking in a parked car, at night no less, in the parking lot of a soccer field, which only later did I come to learn was in very close proximity to a highly protected government facility. After 5 minutes and one bowl a police car pulled up beside my car, and the officer came to my window, asking immediately if we (a friend and myself) had been smoking. Never having dealt with an officer, much less under these circumstances, I was naturally very intimidated and had no idea what to say or do besides simply to cooperate. I stated that I had smoked a cigar. Next, I was asked if I would mind a search of my vehicle, and not sure of any right to refuse, I abliged. Upon exiting the car, the officer asked if I had any drugs or weapons. I admitted truthfully that there was a small amount of weed (less than 1 gram), and my friend and I were handcuffed and placed in the police car. The weed and a tin can used for smoking (which sadly was used because my bubbler had been dropped and shattered the night before), were seized, and because we were both minors (17), our parents were called to come to the scene. After their arrival, my friend and I were both allowed to go with a warning and no charges filed. This all happened in Virginia, where I reside.

What I would like to know is: a) Because this was my first offense aside from a speeding ticket months before, and there were no charges and no court dates, does this stay on my record, and if so can it be used against me in the case of a future such occurrence?; b) Is there anything I could have said to the officer to avoid being searched in the first place, and be allowed free to go, or was this no longer an option due to the probable cause of a smoke smell? (I was unsure in this situation because of the fact that I was in a park after dark); and c) I have heard that any possible record of this occurrence was erased upon my turning 18...is this true, or is there a way I can view my record?

Basically I would like to know what I have to be worried about here, and how this situation may be avoided in the future in the event that I am stopped for any reason. What is the respectful way to be allowed free to leave without being searched, if asked, and without raising suspicion or invoking probable cause.

BartSimpson

Underage minors are not given advice here as the posting guidelines are specific to being of age. Search the site for answers and Good luck.

Niteshift

In the interest of general knowlege:

b) Is there anything I could have said to the officer to avoid being searched in the first place, and be allowed free to go, or was this no longer an option due to the probable cause of a smoke smell? (I was unsure in this situation because of the fact that I was in a park after dark);

Not really. He was simply being polite in asking. The smoke smell was evident, neither of you was an adult, so there was probable cause that a crime had or was occuring. As long as he has PC (which he did), he can search the entire car, without a warrant.

Personally, I ask for 2 reasons, even if I have PC. One is simply being courteous. The other is that if you consent, and for some reason my PC is suppressed, I still have your consent to fall back on and the search will stand.


c) I have heard that any possible record of this occurrence was erased upon my turning 18...is this true, or is there a way I can view my record?

No.

You weren't charged with anything. Juvenile records are sealed in some states after you turn 18, but not erased. Erasing them, called expunging", is not automatic in most places. It requires a seperate judicial order.

In your case, there is nothing more than an incident report (if they even did that). Incident reports don't show up on background checks for jobs etc.


Bottom line: You were polite. You didn't try to lie your way out of something obvious and you were rewarded with nothing more than losing a small amount of weed and a call to your parents. Yet another case to refute the myth that honesty never works for you.

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A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

CheebaMonkey

What Bart said.

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