Question about tracfic stop procedure?

Question

Last week i was pulled over by a state police officer. The officer came to my window and asked for registration and insurance. I didn't have them current. At no point in time did the officer inform me as to why he had pulled me over. After he found that I didn't have current info, he told me he smelled pot. He went on to search my vehicle and found a pipe and a piece of pot the size of a penny... literally the size of a penny. He gave me tickets for not having current info and for possession of pot under a ounce with paraphernalia and also towed my car. My question is, since the officer did not inform me as to why i was being pulled over, does that violate traffic stop procedure and give me a good standing case in court to have the charge of possession dropped on a count of illegal search and seizure or some sort of procedure violation? I would be willing to take the consequences for my actions but I feel exercising my rights is only fair and also since the pot is used only for migraine head aches (obvious by the amount found) I feel the judge may have some sort of leniency toward me... what do you think? Do I stand a good chance in court?

Answer 1

He should have told you why he stopped you, but that will not invalidate the traffic stop in court.

Answer 2

I'm gonna take a shot in the dark here. You say that you did not have your current registration and insurance, and that he gave you a ticket for that. Well, if your registration was not current, that means your tag was expired, which is reason enough by itself to pull you over. And many states also included insurance information in the system when a tag is run by the officer on his vehicle's computer. If he saw your tag was expired, ran it, it came back expired and without current insurance, and he pulled you over.

As for your other issue, the smell of marijuana is probable cause enough to search your car. Even so, the U.S. Supreme Court has ruled that a police officer has a right on every traffic stop to ensure his own safety by conducting a pat down search of the occupants and a "wing span" search of the vehicle. That means that the officer can have you step out of the car, pat you down, and then search any area of the car that you could reach from where you were sitting. The officer is officially checking for weapons, but anything else he finds while searching for weapons is admissable in court.

So no, you don't stand a chance in court, but go ahead and try to fight it if you want. The lawyers need some practice at trying cases. Everyone pleading guilty all the time just means none of the lawyers ever get to actually argue their cases. Let 'em try.

Answer 3

If he asked you a question right away and smelled pot coming from your car he does not need to say oh yeah by the way you were speeding. It is not a law that a police officer needs to tell you in the first five seconds of the conversation what he pulled you over for. And it is not an illegal search and seizure because he had probable cause by smelling the pot. Also it does not matter if you had pot the size of a penny or a grain of sand, it is still illegal and therefore warrants a citation.

Answer 4

Although I am a police officer in California, I suspect that the rules in Oregon are roughly the same as here, so here's my piece.

In California the police have no legal obligation to tell you why they stopped you. It may be the policy of an individual department to tell a driver why you pulled them over, but even if that's the case, an office not doing so will have no impact on criminal proceedings against you.

With regards to the search of the car it is legal on two grounds. Number one, if the officer smells marijuana inside a vehicle, he may legally search the car. This is often called the PLAIN SMELL exception to the search warrant rule. Number two - at least in California - you are required to carry certain documents with you when you operate a motor vehicle. If you fail to produce those documents (including registration) when asked by a peace officer, the officer may then search your vehicle for such documents. If, in the course of that search, other contraband (such as marijuana) is found, it will be admissable.

One other issue, cars have a special standing when it comes to the police searching them. Without getting into legal mumbo-jumbo, suffice it to say that if the police can articulate probable cause to search a car (such as they smell marijuana) then they can search the car without a warrant and against your wishes.

Finally, in California, if you do not have a medical letter authorizing you to use marijuana medicinally, it does not matter how much you have or why you use it, it is illegal.

Answer 5

I agree with Dave. Even though he did not inform you of the reason you were pulled over, which they normally will do while checking license and registration they do not have to until they are ready to issue any citation. As to the search, as Dave stated, once he smelled the pot, he had justification for the search with or without your consent. He had all legal right to search, as he could smell the pot smoke in your vehicle. You are lucky you were only cited and not arrested which in many states including Iowa they will arrest you.
You are evidently the only person who believes it is legal to smoke pot to alleviate headaches, as the last time I saw anything on medical purposes, it was still illegal in most states, maybe legal in yours, but since you didn't say the state, we will never know.
Anyway, plead guilty, as if you try to argue, you might wind up with more punnishment than you expect, in addition to possible contempt charges.
BTW, how would the cop know that the amount of potyou had was to be used only for migraine headaches? Is the cop also a doctor, chemist or other such specialist? OH, I get it, the cop is a MIND EADER!!!!!!!!!!!!!!!!!!

Answer 6

No, in most cases this does not violate traffic stop procedure. Did you try and ask the Officer what you did? Oh, and marijuana is illegal no matter what and the judge won't have any leniency if you tell him you smoke it for headaches. That's why they have aspirin. If the headaches was that bad, you shouldn't have been driving. You're lucky you didn't get tagged with a DUI. Take you lumps and learn from it.

Answer 7

nope, you are watching way to much TV cops shows again.

The officer does not have to tell you why thy stoped you, you can ask them if you want. The first things they will ask for is your registratoin and insurance, ( if you don't have those it just goes down hill from there)

Next officers are trained at the smell of pot ( yep we in some schools get to smell the real stuff burning to know the smell)

And no he did not violate any traffic stop procdure and no the search would have been legal since he smelled the drug.

And no, if you try and show how "smart you are and don't know anything about what you are talking about" the judge will actually be alot harder on you to teach you a lesson for trying to tell him his job)

* honestly I have been there, I saw a young boy who would have just gotten community service not shut his month and ended up with a week in jail and then community service.

Answer 8

Well if it is used for migraine headaches then you should have a note or something from you doctor authorizing it and it should be fine. I don't know if it matters or not that he didn't tell you why he pulled you over but you shouldn't be driving and smoking pot at the same time anyway. Even if it is medicinal. You should do that in your home and not risk your life or that of others out on the road.

Answer 9

He did fail to inform you of what crime was commited to bring your car to his attantion, and he didn't givw you a warning or reason, so you do have a chance. Pleade guilty with cercustances. (Explain the issue of the stop in traffic court.)

The pot issue will be handled by a different judge, did you give him permission to search the car, or did he have a warrent? Becouse that will play a huge roll in court, as without a warrent, you admited to use and willing to accept responsiblity. No warrent techincly means he can't admit it in court becouse he had no legal ground to conficate or document the crime (techicalities can prove anything, so don't use that defence.)

Is the pot prescribed by a Doctor? That is how you will get out of the whole possession issue.

Answer 10

Watch the tv show cops. You will see this happen on there alot. There's nothing you can do. If he says he smelled pot. that gave him the right to search your car. Now that he found it, you will never see your car again. It belongs to the state.

Answer 11

He should tell you what he pulled you over as soon as he stopped you. IF he asked permission to search your vehicle, that's fine, otherwise he had no business to search you car. My father is a retired police officer, and he told me certain things that some cops do. He told me as soon as they approach your car, they MUST tell you why you are being pulled over. Some of these "young" cops like to show off their authority, and they feel they can do what they want.