What is the name of your state? Oklahoma
My brother was coming home from work around 3:00 am, as he normally does. And, as always, he parks in the driveway and sits in his car until he finishes his cigarette. I don't doubt that he had is music on, but definitely not loud enough to attract a police officer. As he was sitting in his car, the policeman shone his light and ordered my brother to exit the vehicle. The policeman then proceeded to frisk my brother and had him remove everything from his pockets. The officer claimed that he smelled marijuana at that point and proceeded to search the car. Now I know for a fact that he did not smell anything because i know for a fact that my brother does not smoke. Unfortunately, the search did result in the finding of prescription drugs, not prescribed to my brother of course, and he was arrested.
Now I do understand the premise of search with probable cause or suspicion, but I was wondering how suspicious a person could be while sitting in their car, in their own driveway, albeit at an early morning hour......Obviously it is not unlawful to stop and search someone in their own driveway. And as history tells me, my brother is one of the most cautious and anal drivers I know, so an earlier traffic violation made on the way home is highly unlikely. So under what premise would such an occurance be warranted? And can anything about this situation be considered inadmissable?
My brother was coming home from work around 3:00 am, as he normally does. And, as always, he parks in the driveway and sits in his car until he finishes his cigarette. I don't doubt that he had is music on, but definitely not loud enough to attract a police officer. As he was sitting in his car, the policeman shone his light and ordered my brother to exit the vehicle. The policeman then proceeded to frisk my brother and had him remove everything from his pockets. The officer claimed that he smelled marijuana at that point and proceeded to search the car. Now I know for a fact that he did not smell anything because i know for a fact that my brother does not smoke. Unfortunately, the search did result in the finding of prescription drugs, not prescribed to my brother of course, and he was arrested.
Now I do understand the premise of search with probable cause or suspicion, but I was wondering how suspicious a person could be while sitting in their car, in their own driveway, albeit at an early morning hour......Obviously it is not unlawful to stop and search someone in their own driveway. And as history tells me, my brother is one of the most cautious and anal drivers I know, so an earlier traffic violation made on the way home is highly unlikely. So under what premise would such an occurance be warranted? And can anything about this situation be considered inadmissable?
