The other day my friend and I were riding in his car. He had toked in it earlier so it smelled of smoke.
A cop car was sitting on my friend’s street. The cop pulled us over for running a stop sign. He never said anything about smelling anything. He walked back to his car and wrote a careless driving ticket. Then he told my friend about how to go about paying it.
Out of nowhere he asked if he could search the car. My friend said no. Then he said that if we had anything in the car, we should go ahead and give it to him and proceeded to tell us that he was going to get the K-9 unit over there if we didn’t give him stuff or let him search the car.
After a couple of minutes of hassling about searching the car he radioed to some more cops. My friend handed one of the cops a roach and they patted me down and found about a 1/2 ounce in my underwear and then automatically arrested me.
I would just like to know under what terms are they allowed to search the car and better yet search me considering I hadn’t even been smoking.
I spoke with Bill Panzer, a noted California attorney who practices in state as well as federal courts. His opinion is that once the cop gave your friend the ticket, his investigation of reckless driving was completed. He had no further reason to detain you. At the point when your friend told him that he couldn’t search the car you were free to go. His arguing about it and threatening to detain you for a canine search was illegal.
Your friend who handed the cop the roach was coerced into it when the second cop arrived. The fruits of this illegal, coercive search should not be allowed as evidence.
Readers with grow questions (or answers) should send them to Ed at: Ask Ed, PMB 147, 530 Divisadero St., San Francisco, California 94117, USA
You can also email Ed at [email protected], and send queries via his website at www.ask-ed.net.
All featured questions will be rewarded with a copy of Ed’s Marijuana Question? Ask Ed. from Quick Trading.
Sorry, Ed cannot send personal replies to your questions.