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Old 09-04-2005, 07:46 PM   #1
bhamlaxy
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Default Pat down rights

I read the Erowid section on "how to say no to a police officer". I have a few questions and possible scenarios.

1. If a police officer rolls up to a parked car where someone is smoking marijuana. The occupants in the car eat the joint, and there is a faint smell of marijuana outside of the car. Does the officer have the right to pat the occupants of the car down, search the car, and make them empty their pockets etc.? What degree of refusal can the occupants use?

2. If me and a friend are smoking a joint behind a building, a cop in a car sees us, we run around a building, but the cop heads us off and gets us. It isnt like we ran when the cop was on foot, we just ran from the car. We ditched the joint in a bush. Does the officer have the right to pat us down, empty our pockets, etc. and what can we refuse to do? The cop could have thought we were smoking a ciggarette, which we probably could have pretended, but we pannicked and ran.

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Old 09-04-2005, 09:17 PM   #2
hauptmann
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1- The officer is going to ask you to roll down the window or open the door to talk to him. He will then be hit in the face with a cloud of smoke and see some very high people in the car. He is going to search you and it will be legal. The smell of marijuana is usually enough for a police officer to legally search a car without a warrent.

2-It doesnt matter if the cop is on foot or in a car you running at the site of one is very suspicious and they are probably going to catch you, pat you down, ask you some questions and possibly retrace your steps to find whatever you tossed. Yes it will be legal.
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Old 09-04-2005, 09:31 PM   #3
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Running from the cops is a great way of saying to them 'I'm doing something illegal.' Just keep that in mind if you ever run from them.
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