What if your hanging with your friends on the road while drinking and smoking but then you get pulled over for speeding or by a simple traffic stop. If the cops smell weed in the car do they have the right to search the vehicle? While searching the vehicle one of your friends has a bag full of alcohol, does that cop have the right to search the individual's bag also? B/c now he's searching somebody else's property not the car. The cop has no "probable cause" that the person is hiding anything in his bag so why search it in the first place? What happens if I refuse the search of my bag? Anybody who knows anything about the law please respond to this...
I'm not an expert but I think he can search anything in the car if there's probable cause no matter who It belongs to. Idk what would happen if you deny a search. Smoking while drinking is fine but driving and drinking is complelty fucking idiotic and you deserve to have thAt cop legally shove his night stick up your guys dick holes.
First off don't be behind the wheel, whether you are driving OR parked, you can still catch a dui. Second, if you get pulled over, SMELL = Probable Cause. It's that simple. If you refuse, you are subject to the Rath-Of-Justice. Probable Cause to search the vehicle = everything in the vehicle. Again if you refuse, they will probably become suspicious, ask you to step out, and the either cuff you or get you to sit down on in their vehicle, then proceed to ransack it.
In most places the smell of weed is probable cause. Having said that, they can search anywhere that the weed could be contained, to include your friend's bag and even your persons.
Lets say the cop didn't smell weed but my friend hid the alcohol in soda cans but looked super suspicious to the cop being that he also thought alcohol was in the soda cans. Does he still have a right to search the vehicle even if he doesn't smell alcohol nor see any alcohol bottles in the vehicle? I see no probable cause in that situation since to the naked eye it could just be soda...
Yep. Hopefully you aren't stupid enough to be drinking and driving, but don't let your passengers drink either unless you're willing to risk the consequences. Just keep the alcohol sealed or in the trunk until you get to your destination.
LOL @ OP. To avoid that situation, do not smoke or drink while driving. Obey the driving laws. Good luck.
Lets say the cop says he smells weed even though he doesn't, so he searches the car and finds alcohol in soda cans and then he says he saw you take a drink from it so he charges you with a DUI and then you have a good old time spending money trying to fight the charges in court but it's your word against his and he wins and now you have a DUI on your record, fines to pay, a suspended license, etc. Does that sound fun?
If you're doing either of those things while behind the wheel, I'll be cheering the cops on as they throw your intoxicated-driving stupid ass in the slammer and you get your license taken away. Sent from my HTC One using Grasscity Forum mobile app
Gesh, Did I say the driver was intoxicated? I hate drunk drivers too, its stupid. But sometimes shit happens and your friends decide to have a couple beers or something in the car. What are you a cop or something? Your starting to sound like one. And one way to beat that is too simply video tape the cops, they're turn into normal human beings at that point. Seeing that would be tons of fun
Did I say the driver was intoxicated either? Nooope. I'm not anti-cop or anything, but there are cops who will lie. They could lie about smelling weed, they could lie about seeing you drinking out of the alcohol-containing soda can, and yeah maybe you could get it dropped in court, but personally it sounds a lot easier to just not let your friends drink in your car. How is recording the cop going to prove that he didn't smell weed?
If the car smells like weed then your done. I'm talking about the other scenario where the liquor is hidden in the soda cans....if you can record yourself saying "i do not consent to searches" it will help you out in court BIG TIME. And with recording, the cops can't lie either since they do that a lot. I will never get into the car with drunk driver, I was talking about the people in the car only.
Probable cause or not, if the cop finds anything then he is completely justified in the eyes of the law. While I'll agree that smoking and driving isn't as bad as drinking and driving, it's just a bad idea to drive around impaired or doing something illegal in general.
They can absolutely still lie when you're recording them. I'm just saying, it's about risk assessment. Consider the potential consequences of the worst case scenario, and then decide whether that risk is worth letting your friends have a few beers in your car.
That's how stupid people act. Why would you be fiddling around when a cop stops you. STOP and think about it for a second, the cop doesn't know whether you are hiding coke, pills, or searching for a firearm. The cop will act however they feel fit in that type of situation. Didn't anyone ever tell you to sit still and keep your hands on your wheel? Same thing goes when he lights you up and you decide to drive 3 blocks before stopping, they don't know if you are trying to hide something or eat/destroy something you should not have. Don't know where you live, but it most certainly is in most places when dealing with vehicle stops.
HOLD ON, LETS backtrack this whole thread back to the post, this dude said "a bag of alcohol" .. I'm out af "No Half Measures"