Alright so, first post but here it goes! So,I was up visiting my relatives over Christmas with my girlfriend. We both smoke at least once a day,so we decided to bring about 1/8th along between us. We had to drive about 5 hours to get there. The trip there was no problem,but on our way back we were driving through this small ass town...It's about 30 minutes from where I live so I wasn't really thinking about all the speed traps and was slowing down for a speed sign....Passed a cop,and boom he turns around. At this point I'm franticly asking my girlfriend where the weed's at. She said it was in her purse. and from my understanding a cop cannot search that (I think...I'm not sure. I live in Oregon) So I pulled over,cop comes over and asks for my liscence blah blah. He leaves and comes back and says this "Sir you look like you're really nervous and shaky,can you step out of the car for me?" So even though in my head I was thinking "well you would be too asshole" I got out and followed him to the back of the car. He said this "I've been a criminal investigation expert for 13 years,and to me you look very shaky and nervous like something else is going on. Do you mind if I search the car?" Well,right then I decided either A. Do I fight the man,and use my rights,or B. Try and be as honest and cooperative as possible. I picked B. I told the cop to search whatever he wanted,and that I was hopped up on energy drinks (which I was) and I was just nervous from getting pulled over. Well he asked me to get back in the car and he would be back. So he comes back,hands me my license and tells me to slow down and have a nice day. I got super lucky. Either that or I'm amazing at lying. :cheers2: Either way I made some VERY stupid choices, i.e. driving long distances with bud,and doing it carelessly. But my real question is, Did he have ANY legal right to search my car? Even if he did...Could he have searched my girlfriends purse? Thanks!
he cant really search your person unless he brings you in but im not sure if a purse counts... And yea he did have the right to search your car since you accepted and although it was a weak one he still had probable cause... Although you could have denied it if needed
He had no probable cause at all, maybe reasonable suspicion but that's not enough to warrant a vehicle search. If nothing was in plain sight and he had no solid probable cause (as in, billows of pot smoke coming out of the car or just a noticeable marijuana odor) then the only reason he was allowed to search it was because you said yes. You could have said no and been on your way, I'm sure he would've continued questioning you but at that point he had no reason to search your car unless he saw it or smelled it.
You could've told the cop that you were in a huge hurry, and that was why you were speeding, and that you didnt want to be late.
