So 2 days ago my good buddy, his girl, and another buddy got arrested leaving a bowling alley back home. Here's what happened: He deals so he had a couple bags in his girls purse. They leave the bowling alley and get in the car, meanwhile a cop was circling the nearby Walgreens. The second he started pulling out of his spot, the cop pulled up behind him and stopped him. Cop comes to the window, and the very second my bro opens it the cop goes, "So where's the weed?" (as in he smells weed). Keep in mind the car definitely did not smell like weed. They say they don't have any and the cop gets him out of the car and immediately hand cuffs him (without telling him why) and has him stand outside (in -35 degree weather in a t-shirt, his girlfriend is in a tank top). At first while he's outside being questions the other two are in the car, the girl has her hands on the dash. After about 7 minutes in the cold he's like "Dude, can I please sit in the back of your car so i don't freeze?" While the two cops put him in the back, the girl has enough time to bra all of the weed. They never find it after checking her and the other guy (huge sigh of relief). They search the entire car, find no weed, but find the bag with the 3rd guys bong and charge him with paraphernalia. He has a $1000 fine, a court hearing, and probably probation (he's also a minor). Do you guys see anything wrong with this picture or know of any way to fight it as an illegal search and seizure?
well first off the fuckkk were they doin in t shirt and tank top in that weather anyways?? and id consider yourself lucky because cops can be assholes and just say they smell weed if they want to and use that as probable cause...so least he didnt find the bud . somebody else should of claimed ownership over the bong...cause 1k and prob for a bong is ridiculous . dont think that would of happened if it was an adult...but maybe so cause it seems like the pig was just out to get them seems like something a lawyer should be able to handle
^They left their jackets in the car while they went bowling. The parking spot is only like 5 feet from the door.
Yeh, that's a truth... If he had a couple bags on him maybe it did smell like weed after all. Or maybe it was one of those dumb cops who thinks he smelled weed but didn't, or maybe it was one of those ass cops pretending to smell weed but didn't. Who knows. Maybe your friend hit a skunk on the way to the bowling alley.
We really need the Supreme Court to make a ruling like Canada did, so the smell of weed in a car is no longer probable cause to search. I think cops being able to search a car due to the smell of weed leads to huge abuse. A cop can walk right over someone exercising their 4th Amendment rights by saying, "Ok, well I smell weed."
No it wasnt illegal my old dealer was pulled over right after serving me, his car smelled like weed, he had a pound of dro on him & a QP of headie.. he was busted all because his car smelled of weed...
while being arrested the cop HAS to go over their rights, make sure they understand the rights, they also have to tell them why they are being arrested, and make sure they understand why theyre being arrested. they can't search through your stuff unless they have a warrant or probable grounds in which to search, (which would be the "smelling" of weed) there is also some other stuff that the cop has to tell them but i dont remember what it is this is in canada, but im pretty sure its the same in the states at least
nobody was arrested, no rights have to be read, and you do NOT have to be read your rights the second you are arrested, only before you are being questioned