Can a police officer arrest you for Marijuana IF?

Question

Lets assume I was smoking Marijuana in my car. I am pulled over, and the cop can smell the Marijuana coming from the car and or my clothes. First, what can he do about this? I would assume he can have me exit the vehicle, but what afterwards? There is no Marijuana breathalizer. Secondly, if he were to search my vehicle and find nothing, then what? Lets assume my eyes are bloodshot red as well, can he do anything besides let me go if he doesnt find anything? Thanks.

IN CALIFORNIA!

Lets also state that I have BURNING INCENT that smells like Marijuana in my car at the time. The bloodshot eyes, I say are from lack of sleep...

Answer 1

I find it fascinating how dumb people think Police Officers are. They deal with situations you just described for a living. To answer your question, the smell of marijuana coming from your vehicle, your altered appearance, along with the reason you were pulled over for in the first place (speeding, reckless driving, whatever) would be cause enough for an Officer to legally search your vehicle and administer a field sobriety test. Many Police Officers are trained DREs. A DRE is a drug recognition expert. They go to school for this as a specialty, and most modern departments have these Officers available to administer a roadside field sobriety test to determine whether you are driving under the influence of drugs. Yes, you can be charge for DUI when you have not been drinking, but using drugs instead.

Answer 2

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Answer 3

First let me say that when you say assume that you mean you, right? I am 29 now and i did smoke a lot of pot in high school so i have some knowledge on this subject. A police officer can search your car if he has probably cause to look. The smell of the pot or a joint, scale, bong, or pipe can give the cop the right to search your car. If there was no smell then he could only ask for your permission to look, and you have the right to say no. But the smell was justification to look.

Answer 4

I'm guessing that the fact that you were pulled over is probably a key factor against you.

If he smelled it on you after he pulled you over, he could immediately call for backup while searching you & your car. This way several other cops can also verify you stink like weed. Then if they found nothing in their search they may still be able to make a case for driving under the influence of a narcotic, which is a serious crime most places.

As for the penalty, stuff like that usually varies from state-to-state but with today's often overly-aggressive police departments nationwide, you could in serious trouble. But at the least I'm guessing the cop could cite you for careless driving and a fine.

Answer 5

You want us to assume this and assume that. Look!! He probably did smell the marijuana coming from the vehicle, he did see your bloodshot eyes, he may have found nothing, since you probably ate it. Yes, he can arrest you for being under the influence. You really think that he could not smell it. Police are trained to detect these things. Yep!! your going to jail.

Answer 6

Why did he pull you over to begin with? If you were driving in a manner that is consistent with driving under the influence (of either drugs or alcohol) he has enough probable cause to take you to jail. Eye dilation are also other indicators of other substance abuse. The arrest would not be solely based upon the scent of marijuana, but rather the totality of circumstances. Once you get to jail, he can request from you a blood draw. You could refuse and he would have to get a warrant for it. Based upon his training and experience, he will more than likely be granted the warrant to obtain your blood, and you will have to submit to the blood draw against your will. A licensed professional will be the one to actual draw the blood, not the officer. If you're that worried about being pulled over and being taken to jail for smoking pot, DON'T DO IT!

Answer 7

He can arrest you for using weak azz excuses on Yahoo Answers.

The smell alone is Probable Cause with Exigent Circumstances. That means he can search the car without a warrant.

He can also put you through Standardized Field Sobriety Tests and determine if you are visibly impaired. With poor tests and the smell of marijuana he can get a warrant for blood and lodge you for Operating While Drugged.

Unlike Cali....in Michigan just having one nanogram of marijuana in your blood stream in considered drugged driving! Consider yourself lucky you were not here!

Answer 8

You have a lot of hypothetical situations listed, but the bottom line is that everyone in California is stoned on pot. In any other state the Officer would arrest you and let you try to convince the judge that you were not guilty. By the way, you forgot one little detail. Sobriety tests are not just for booze. Try to walk a straight line when your stoned....on anything.

Answer 9

They have the ion scan testers. They swap your hands and clothes (especially around the pocket areas) with this piece of fabric that is moistened in something. And then they ran this piece of fabric through an ion tester. It detects marijuana, heroin, cocaine, and many other drugs and narcotics right away.
Also, they can take you to the department and submit you to urine test, but they almost never have to do that because most of the times if you smoked something, they will find it in your car.

Answer 10

people who smoke the MJ and operate a vehicle give the anti-legalization people great ammo. pot smokers should show more self discipline than drunk drivers do. I have no respect for a low life that drives under the influence. hope the cops bust em.