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Officer searched my car-did he have probably cause?

Discussion in 'Marijuana Consumption Q&A' started by danczwflowrz, Dec 7, 2013.

  1. #1 danczwflowrz, Dec 7, 2013
    Last edited by a moderator: Dec 7, 2013
    So last night, after about 14 hours of studying for finals, at 2 am I decided to stop on the way back home to rest a little and have a joint to calm down after a long day of studying. It was 35 5 C and I had stopped at a public road in a valley/nature area about a couple miles away from the main road, a place I often stop to and from school usually during the day. The sides of the road here are a legal place to park any time of day, or at least they don't have any signs against and people regularly do it.
     
    Anyways, in all my wisdom I decided to just hotbox my car since it was so cold outside for California. I know you're not allowed to smoke outside of your home, but I am not allowed to smoke at home (I temporarily moved back into my parents for last year of college) and I wasn't going to drive while I was high since I planned to hang out there for awhile and rest, gaze at the stars and enjoy the peaceful atmosphere.
    Anyways, I finished a pleasant Mango joint and was just about to let out all the smoke when a Police SUV pulled down the road and stopped at my car, shining all his lights. I got out after a few seconds, and the officer said to put my hands on the hood, asked me what I put in my pocket, said my phone, which it was. He then had me go to the other side of the hood, asked if I had I.D., I said yes, it was in my backpack on my passenger seat. He proceeded to get my ID, where then he of course smelled all the smoke. I explained my story and that I had a medical rec in my middle console, he asked some more questions I was 100% cooperative. He didn't go for the rec and just took my I.D. to his car. He was really pissed off from the get-go, even before he found that my car was hotboxed, so it wasn't a delightful experience as far as being pulled over has been for me in the past.
    For the next 30 minutes, he stayed in his SUV, doors closed, nice and cozy. I guessing he was checking my record for what seemed like forever, meanwhile I'm freezing my ass, uncontrollably shaking, pissed off he didn't even check for my rec and wondering why this was such a shitty encounter.
    Finally he came out, said a few somewhat derogatory remarks as I explained what I used the medicine for (Psoriasis skin disease & insomnia), then told me not to come back here again but to hang around since I was indeed high. No ticket of course, I technically wasn't in the wrong since my car was my home for that night for reasons I'd not like to get into. It's just that I'd been pulled over before and had a much more pleasant experience dealing with 3 police officers than I did with this man.
     
    What I'm wondering is did he have the right to search my car for my I.D.? Or is retrieving my wallet/I.D. even considered search (and therefore even in need of probably cause)? My wallet had been just next to me and I could've easily grabbed it with him having full lights on me if he had asked ever so politely, but that wasn't the case.

     
  2. did you get a ticket or anything? i see what youre saying but he didnt search your car, you told him where your id was and he went to go get it. maybe he was concerened that there mightve been something in the backpack that could potentially hurt him. what was the outcome?
     
  3. If you didn't get a ticket or charged with anything, why are you worried?
     
  4. Just be happy you didn't get arrested.
     
  5. #5 danczwflowrz, Dec 7, 2013
    Last edited by a moderator: Dec 7, 2013
    No, I didn't get a ticket.  I posted this just to ask if what he did was considered search or not. The reason why I'm pissed is because it was a shitty ordeal, I've had many encounters but never one like this. It just seemed way over the top. It doesn't usually take a police officer 30 minutes to check your license, especially leaving you to freeze your skin off.
     
    Yeah, you're not supposed to smoke outside of your home, but for that night my car was my home, I wasn't driving and I was perfectly compliant with an officer that had a shitty attitude. I have respect for officers who conduct themselves in a positive, upholding manner, but that was not the case last night.
     
    Anyways, thanks the responses, I have my answer.
     
  6. what do you mean when you say youre not supposed/allowed to smoke outside of your home?
     
  7. That's why you keep your ID on your persons, so they have no reason to go in your car. They would not allow you to return inside the vehicle and retrieve your ID from a backpack... What if you pull don't a gun? They have no idea what you could be grabbing
     
  8. #8 danczwflowrz, Dec 7, 2013
    Last edited by a moderator: Dec 7, 2013
     
    well I believe it says on California recs that you're supposed to use medical cannabis in your home, not in public; at least that's what I remember reading when I got my first rec a few years ago.
     

    Yeah, screwed up there. Any situation being high or in possession/smoking in a car is always a risky situation regardless though so I guess I set myself up for it. I just thought it was a better public place than in say on someone else's property (such as a parking lot) back in the city.
     

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