I just got my car searched for drugs?

Question

I am a soccer mom minivan driving mom. I was pulled over for speeding in the next town over. I pulled over in an empty grocery store parking lot with my 16 year old daughter with me. When I initially opened my window to speak to the officer I smelled a stinch of pot and assumed it came from the kids that were in the parking lot. He smelled it too and next thing I know the drug dog came, said it gave the sign of smelling drugs (only thing I saw the dog do was bop its nose in my gas tank) anyway, my van got searched for drugs. They didn't find drugs, because I don't do drugs or associate with people who do drugs, but they left all my lights on my doors opened and when they left my car battery was worn down. So I was scared because it was just my daughter and I and I called the police back and told them they left me there with my battery ran down and just my daughter and I in the parking lot (with the punk kids) by ourselves. They said they couldn't do anything. What are my rights?

Serve and Protect

Not my ideal way of protecting the public leaving a lady and my daughter stranded at night time. My car was searched for a pretty long time, regardless of what condition my battery is in - they left my lights on and my doors open to cause my battery to run down. It's not like I was allowed to go to my car to turn everything off and close the doors after them.

Cop girl - needless to say you need to protect your own type, which I completely understand, but there is no more to the story, other than me getting a ticket for speeding which I didn't include in the original story. It's a case of small town cops - I agree they had every right, but when I told them the smell more likely came from the teenage bunch of kids - they had no interest in them, just me. By the way, I gave them full permission to completely search my car. I was possible revenue, while the kids in the parking lot were not. Needless to say, this is a question more about morals about leaving someones (woman and daughter) car in inoperable condition, not whether I am giving a complete story.

Kitty - my thoughts exactly. I was told by the officers that the area was known for drugs (good thing to know now!) but I suggested that they check the kids but they said the dog would have went over that way if he smelled pot from that area. I suppose the drug review was based only on the dog actions.
Funny - I actually thought the smell originally came from the officer until I looked over to see there were teenagers hanging out in the parking lot. I guarantee, if they would have went to them they would have found something on them. I just don't understand why they didn't - especially since they said the area was known for drugs.

At least I will have something to talk about at the office tomorrow! LOL

outta here -
as a matter of fact, i do have roadside assistance. please do not attack my mothering skills as it does not pertain to my question. thank you

Answer 1

First of all, I take umbrage at Lightning struck's attack on my manners. Our entire station is repeatedly reminded to treat everyone with respect in all circumstances, barring a threat to the officer's personal safety.

As for the K9, sometimes they have false hits. There are numerous possibilities. Different dogs have different success rates. If the parking lot vagrants were indeed smoking pot, it's possible the dog mistakenly associated the scent with your vehicle. Perhaps the windborne odor was detected near your minivan, and the cop assumed the dog hit on the vehicle.

I've also seen cases where a car wash attendant, valet, or even a son or daughter's friend had been smoking pot in the vehicle several weeks prior, and the dog would still alert to that. Regardless of what happened, when a K9 alerts, it legally gives the officer probable cause to search the object alerted to.

Now, had it been me or someone from my station, we'd have come back to jump your vehicle for you if it were at all feasible. Mind you, that's so long as there wasn't a more pressing emergency at hand.

I can't explain what happened in your situation. It's possible no officers were available by the time you called. I realize a lot of cops, just like a lot of people, are inconsiderate. Being a law enforcement officer, though, I tend to give the badge holders the benefit of the doubt most of the time. In any case, they probably could have conducted the stop a little more respectfully. I'm sorry for your experience and I hope it hasn't jaded you.

Answer 2

All you needed was a jump start if the van would not crank up on it's own ...the batter will recharge itself ... I am sure if you are a traditional soccer mom , you have either road side assistance of some kind , or AAA ... It is not like you need a new battery ...

Never the less , it could have been worse , what if they had decided to impound the van for a very thorough forensics/ trace evidence search ..then you would have a towing bill , plus a very long wait , ....How long did the search take , I have left my doors open with interior lights on for three hours , and it was fine , if it was like 30 minutes , then you battery or alternator was starting to malfunction anyway ..and that would be a mechanical issue with the car , not the police ..
Another thing that could have been worse would be to get searched by the Feds ..I have seen them take the seats and carpet out , and rip off door panels , find nothing , and say " you are free to go" ...they do not have to put the car back together .....

I suggest having your alternator checked to make sure it is charging the battery correctly , if so , then you need a battery because it is not holding a charge , you can check the alternator yourself , while the car is running , remove the positive battery cable , if the car continues to run normally , the alternator is fine ...which means time for a new battery ..

Answer 3

I just have one question - did they also question/sniff/search the "punk kids" as well? You would think that if it were the kids smoking the pot, then the officer would have smelled it as soon as he got out of his car (BEFORE you rolled down your window), especially if they were close enough that it could explain the smell. I am by no means saying that I think you're guilty or anything like that. I'm just curious.

As far as what you can do about it - well, I hate to say it, but really nothing except maybe complain to the department and hope that they will act with a little more consideration next time it happens to someone else. But, legally speaking, if they had probable cause to search your van then it was a lawful search. And whether they had probable cause would depend on whether or not the dog indicated it smelled the source of the pot coming from your van. But since I wasn't there, I wouldn't be able to tell you one way or the other.

But who knows - maybe they have the incident on tape. Maybe if you complain, someone at the department might look at the tape and evaluate if they did anything wrong or if they did anything that they could have done better.

EDIT: I'll take that as a no, they didn't approach the kids (gees, Yahoo sure took it's time updating your additional comments on my end!).

Answer 4

Just another reason to legalize marijuana. You see the replies on here from the scum bag cops... oh... its your problem. The right thing to do would have been to apologize for the inconvenience and to put the stuff back where they found it. Nowadays, it seems like the right thing to do is not an obligation for anyone to do. Everyone is concentrating on your battery, but I see something bigger going on here. I would call the local news and tell them what happened. It should probably stir some things up, especially with that 20 year-old girl getting murdered in an elementary school parking lot last month- while she was on her cell phone. That could have easily benn you and your daughter and the fact that these douchebags don't give a damn is truly disappointing. I have cops in my family and they are decent guys, but I'm sure they play the whole good ol' boy role when they are on duty. Even if those pigs weren't obligated to put your van back together they could have at least made sure you were able to make it home safely. I think they should be reprimanded for their poor judgement because what they pulled was BS. I guess it was guilty until proven innocent in their minds... and then when you were proved innocent there was no respect regained. Whatever, FK the POLICE and everybody that looks like 'em! If I sound like some idiot then think again, I served this country for 8 years and didn't like what I saw. They can take that $22,000 reenlistment bonus and cram it up their asses, I'd rather have the 6 years of my life. Ignore all the responses from cops on here they are just a bunch of losers that couldn't do anything better in life but bust peoples balls for 48K a year... if they even make that much. They get brainwashed so bad they all come up with the same answers and truly believe what they are saying is just and makes sense.... If they aren't crooked they are at least smart enough to know that they are too dumb to get away with it!! If you agree with my response then give me a big fat thumbs down (way to throw them a curve ball). MMMM.... Doughnuts....DOH!!

Answer 5

Yes, the officer can get a search warrant and search the car. It is called probable cause. Actually, if the officer is able to get into the vehicle he could search it right then and there without a search warrant.

Answer 6

To the guy above the police are there to SERVE the community, not make up for being beaten and laughed at during high school. Too many dammed Keystone cops now a days.

You little kids need a REAL RIOT to show you your place in society. I'm not talking that 90's BS, I'm talking the 60's and 70's near revolutions.

Answer 7

A membership for AAA costs less than 70.00 a year. A responsible parent who carts her kids around would be a member. Then, road emergencies wouldn't be an issue.

As for the police searching your car? You ought to be glad they are doing their jobs. Just because you are a soccor mom who drives a minivan doesn't mean you are exempt from the laws.

Answer 8

The smelled pot, and had every right to search your car, minivan-driving soccer mom. Obviously they didnt know your battery was dead or they wouldnt have just left you there. I'm sure there is more to the story (there always is) but thats about all there is to it. No "rights" to talk about here.

EDIT: Well i can't speak for those officers, but if it were ME i would NOT have left you alone like that. Don't forget to get that battery checked.

Answer 9

I'll tell you this right now... DO NOT DO ANYTHING!!!!

Rock the boat over this, you'll be pulled over every night and it'll happen again and again. The same thing happened to me. I sent the bill for a service call charge to the police department and filed a complaint against the officer who wouldn't allow me to turn my headlights off and the same cop who literally laughed when I told him my batter was dead.

Cops don't care about you, the public who pays their wage. They care about themselves and take care of their own. You file anything or make any complaint, they will take care of their buddy and make you sorry you ever brought what happened up.

I hate to say it, but move on.

Answer 10

You have just found out the facts of life that minorities and young men take for granted in our society. The fact that you want us to be outraged because you are a woman and a soccer mom, is implying that doing this to my teenage son would have had been OK. The police behave this way because most people think of it happening to "other" people and not to them, so the public makes no effort to control thoughtless police behavior. If you want to stop this sort of thing happening to other people, call the political leadership in your community and complain to them.