Stopped at a Sobriety Check Point, asked how my evening was and that the officer stated he smelled Majirauna, either give it to me or I will search the car. I gave him about a quarter ounce. I was not smoking in the vehicle and it was 2 hours since the smoking. I was not given a PAS, because I was not drinking and just a ticket for possession.
Is this an invasion of the 4 ammendment?? Does the officer have the right to search a person that smells like marijuana, without seeing the act?
2007-02-09 07:53:03 · 9 answers · asked by Steve L 1 in Politics & Government ➔ Law Enforcement & Police
First of all, the odor of marijuana or any illegal substance is probable cause to search all by itself.
However, the officer in this case did NOT perform a search. He told you to give up the dope, and you did. If you hadn't he COULD have searched without violating the 4th amendment, but that didn't happen.
2007-02-09 08:03:49 · answer #1 · answered by Citicop 7 · 4⤊ 0⤋
It was not an illegal search, because you voluntarily gave the Police the Marijuana. This was a voluntary action and was probably a very good decision on your part. Possession of drugs is illegal, not just using the drug.
If you had said no, then it would have played out in a couple of ways. First, the Police could have had a drug dog conduct a search of your car and when the dog responded, the Police would have probable cause to search your car, basically permission to tear you car apart.
Another option, because the Police smelled marijuana in your car, it gave them reasonable grounds to detain you and your car and they could have gotten a search warrant to search your car and, once again, tear your car apart.
2007-02-09 08:17:41 · answer #2 · answered by Jim 2 · 0⤊ 0⤋
Dear Sparky,
You lose rights when you break the law, plain and simple. Jails are full of people like you. The big difference is inmates read books in the law library, and you seem terribly unfamiliar with the laws you are hell bent on breaking.
They don't need to witness you smoking pot, fool. You smelled like pot. The police officers have a pretty good idea you smoked since you reeked, Einstein. And then you handed them a bag of weed? So they were right, huh? Smell like weed, you fork it over, and now you're complaining about what? That now you have no weed?
Jeez, I wonder why people think pot heads are dumb and slow?!
2007-02-09 08:11:35 · answer #3 · answered by wwhrd 7 · 0⤊ 0⤋
do you know how bad that crap smells to someone that does not or has not been smoking it? I have bee behind cars going down the road and smell MJ smoke wafting through the air as they were smoking it. It is the same as alcohol, You been drinking? who me??? No not at all. Oh ok, I just walk up to every car and ask them taht to see who I can illicit an admission from.
Dude, ya got busted man....yell, whine, moan, be pissed at him for doing his job, whatever you decide just try to make it a learning experience and walk away happy that you did not get arrested, that your car did not get impounded and you were given an opportunity to respond to it on your own accord.
You can always do the "its not my fault" routine and get an attorney and fight it tooth and nail. Maybe you can take it all the way to the supreme court and your name will be permanently etched in the anals of the justice system forever.
"State of ?" vs whiney ball bag dope head"
Goodluck and Godspeed
2007-02-09 08:07:34 · answer #4 · answered by ? 3 · 1⤊ 0⤋
No it is not an invasion of your 4th ammendent. Since it was a sobriety check point they have the right to search any vehicle they see fit. Your lucky he only gave you a ticket for posession. you could have been arrested.
2007-02-09 08:01:49 · answer #5 · answered by scrow_80 3 · 1⤊ 1⤋
there must be a way for them to do this years and years ago i use to follow the grateful dead around and they had check points than, as well so try to feel lucky it was just a ticket and the cop wasn't "one of the bad cops" and that all you had was a quarter could have been a QP than you wouldn't be so lucky
2007-02-09 08:04:20 · answer #6 · answered by auntie s 4 · 1⤊ 0⤋
Yeah- sounds like you need to hide your stash a little better when you feel the need to transport it or smoke it in your car- Keep it at home if you don't want to get in trouble for it.
2007-02-09 08:02:02 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Where have you been? If an officer smells any type of intoxicant on your breath or in the air, this gives them cause for suspicion.
2007-02-09 07:58:56 · answer #8 · answered by Anonymous · 2⤊ 0⤋
you were in a car, out in public, you deserved that ticket. its not like he went in to your house and found it, which would be illegal on his part.
2007-02-09 07:59:06 · answer #9 · answered by boricua_lilly 3 · 0⤊ 0⤋