Alright... For starters, I'm a 17 year old male living in Tennessee... I was sitting on the side of Wal Mart eating some food I had just bought inside with a friend, when a cop pulls up behind me. He gets out, comes to my window, and asks if I'm an employee, since I was in the "employee parking." I tell him no, then he proceeds to take a huge whiff and says he can smell pot. I tell him no to the "Have you been smoking?" and then he asks to search. I tell him that I don't consent, but he proceeds to search anyway on the grounds that he doesn't need my consent because he can smell it. I have exactly 1 gram of some light green on me that he finds, along with some scales and clips, but he only charges me with Simple Possession. This is my second offense, first time for possession and paraphernalia, and both times have been by the same asshole cop. The first time I pled guilty because I had consented, but this time I knew my rights. Also, he singled my car out, as I wasn't the only person parked on the side. I'm hiring a lawyer this time around and i feel like something along the lines of an "I move for a dismissal of the evidence due to harassment and an unlawful search," may save me completely, since I didn't consent, and his "probable cause" for even talking to me was that I was in the employee parking- which means everyone else in the employee parking should have been questioned too. What do you guys think? My friend also had the same on him as I did on me, but they didn't find his and just let him go, while I got to go for a ride, cuffed and all, in the back of the squad car. He also crushed up my cigs, yet left my swisher sweets in the car, in addition to the papers in my pocket. I was also straight fucked up this entire time on three blunts and 4mg buprenorphine. Needless to say I didn't give a shit at the time, but now I'm curious as to my chances against the legal system.
Since he searched your car against your consent, the case should be thrown out. The excuse that you were parked in employee parking would require him to talk to all the others in the employee parking, not just you. Sounds like the cop is a jerk who has a hate on for you.
Yeah... That's what I figured... The cop told me that they *might* drop all charges if I'd agree to wear a wire and buy some more. I told him to fuck off. Haha. Still, he could have got me for paraphernalia and underage possession of tobacco, too, but I was talking to another cop at the station and he convinced the one that busted me to throw those charges out. I was also thinking, I'm not sure that I was technically "under arrest" at the time I got to ride in the car and sit at the station, but if I was, I never heard my miranda rights.
If he cuffs you, then you are under arrest. That is some fucked up shit. You could most definitely fight it.
Illegal search and seizure, case thrown out. Lack of Miranda Rights, case thrown out. Fight it, my friend. But, NEVER get caught by that porkchop again... He'll have a major beef with you...
Get up stand up, stand up for your rights. Berry Cooper once said it's not illegal to smell like marijuana, only to possess it. Get some legal advice, see if you're likely to win and if you are, then fight it.
i'm no lawyer, and i'm not telling you that you can't fight this, but i suspect you're going to have a difficult time doing so. just because there were other people parked in the employee parking spots doesn't mean he has to question all of them too. just like if there are 10 people speeding on the road including yourself, he can pull you over and give you a ticket for speeding even if 9 other people got away with it. no judge will say that because other people were doing something wrong that that voids your offense. and since he claims to have probable cause for searching (which he confirmed by finding your weed), a judge may say that he had every right to do so. tough call, but i don't think it is as black and white as the above posters may be suggesting.
Finding weed after claiming probable cause is not the same thing as having valid proof. What he had was, at best, reasonable suspicion.
I agree. I also have a feeling that a judge is going to be more prone to believe a police officer than a 17 year old kid who had weed on him.
It seems like the only witness would be his friend, which probably isn't going to convince the judge very much either. But I don't know shit haha.
then what legally is the distinction between "probable cause" (which allows them to search your car without a warrant) and "reasonable suspicion" (which you are claiming does not allow them to search your car)?
Here I go again. If you don't know anything about laws then don't give advice. I know very little when it comes to giving legal advice but I know that much of what is in this thread is utter shit. Reefer Rogue: You're right (or Berry Cooper is), it's not illegal to smell like marijuana. However, the scent of marijuana is probable cause to search a car. Being patted down is referred to as a Terry Pat, the name being derived from a case involving searching a person. A cop has the right to pat you down for weapons. As already explained, you are not going to get off by saying he should have been questioning everyone in the parking lot.
THE SEARCH WAS LEGAL You simply said the wrong thing when he said I smell marijuana you have to say i smell nothing officer when he says im going to search you ask him on what grounds and why he hasnt asked for your identification yet he pulled one over on you (or you pulled one over on yourself) THIS WILL STAND UP IN COURT (mine did)
The bar for a cop to search your car is pretty low because you have no "expectation of privacy" . If a cop thinks he smells weed, weather he does or not, he can legaly search your car. Since you are 17 and had only a small amount your best bet is to try to get your case "continued without a finding" and do the classes or probation or whatever they give you. This wil involve basicaly throwing yourself on the mercy of the court so don't be a wise guy and argue the search or make a lot of noise about your rights. If you suck it up and play the game this whole incident will disapear in 6 mo. or a year. For future refrence rember that 99% precent of busts are in cars or because of sniches, so chose your friends and don't smoke in the car.
If he wasn't read miranda, the case doesn't exist. It's the law. Get the cop on the stand, have a lawyer fry him until he admits he didn't read you your rights. It's illegal, and grounds for dismissal of a case. If that doesn't work, the judge ought to be capped, because he/she is a braindead moron. Not Mirandizing a suspect is not within the bounds of the law. Cases HAVE been thrown out on just that.
