Illegal search?

[mconstantine]

I was recently pulled over in Maryland for going over the yellow line a couple times. When the officer came up to my car, I gave him my license and registration and he went back to his car and called another officer. The second arrived, introduced himself, asked me a couple questions and walked away. The first cop came back and asked me to get out of the car to do sobriety tests. So I did but forgot to close the windows all the way. They were about 1/3 of the way open. While I was talking to the 1st cop, I looked over at my car and saw the 2nd cop bent over with his head and arms through my front passenger window. I had NOT given either of them permission to search my car or myself so I said "What are you doing in my car?'' He immediatly stopped and got out and the 2 officers looked at eachother for a couple seconds in silence and neither of them answered me. Was the second officer conducting an illegal search of my car?

 

[cyjeff]

Perhaps...

What was found in the illegal search and what were the resultant charges?

 

[CdwJava]

Were you charged with a crime as a result of the search? if so, your attorney can file a motion to suppress the evidence and that will force the state to justify the probable cause and the exigency for the search. If no charges resulted from the search,then you can certainly still complain to the agency by way of a personnel complaint.

 

[mconstantine]

Well its kind of complicated because they had nothin on me really, but about 15 minutes later, one of them said they smelled marijuana which I did have. So they searched with probable cause, found it, and then searched my trunk and discovered paraphenalia. But I did not give either of the officers permission to search my car. I had even told the 1st officer that I do mind if he searches me for weapons (I had a grinder in my pocket) but I told him this before they discovered the marijuana. So do you know if I would be able to get off the charges or atleast have them reduced because of the officer getting pretty much half way into my car from the window?

 

[cyjeff]

Well its kind of complicated because they had nothin on me really, but about 15 minutes later, one of them said they smelled marijuana which I did have. So they searched with probable cause, found it, and then searched my trunk and discovered paraphenalia. But I did not give either of the officers permission to search my car. I had even told the 1st officer that I do mind if he searches me for weapons (I had a grinder in my pocket) but I told him this before they discovered the marijuana. So do you know if I would be able to get off the charges or atleast have them reduced because of the officer getting pretty much half way into my car from the window?

Wait a minute.

So, you left your window down and the officer smelled weed?

That is a completely different set of circumstances.

You also do not get to decide whether or not you will be patted down for weapons. After all, if you had a gun, you would just say "no", right?

 

[mconstantine]

No he patted me down which was legal and then asked if he could search my pockets and **** and i said that i do mind cuz i had the grinder which implies that I dont consent to the search which im allowed to do. Shortly after that I saw the second officer halfway through my car window. Once i said "what r u doing in my car?", he stopped immediatly. But I think what happened was that later, while the 1st officer was giving me the tests, I think the 2nd began to look in my car yet again because Im pretty sure it was him who initially brought up the smell of marijuana to the other officers which caused them to check it out and sure enough, they smelled it and then searched legally because of probable cause and found it. What I am asking is will I be able to say that the actions of the 2nd officer were illegal and therefore the charges should be dropped?

 

[CdwJava]

I suspect that one of the officers smelled the marijuana and that will be what is used to justify the search.

What you - and many people who smoke, carry, and use marijuana - do not understand is that it has a very pungent odor. It is easy to smell that stuff, and if smoked, the aroma remains in clothing and car interiors for days - longer if used frequently.

It could be that the first officer smelled it on you as he approached, maybe that was why he took you out of the car to do an evaluation? Even if he did not smell it, I suspect the second officer - standing outside the car - smelled it and then poked his head in to smell further. Once he had the aroma, he may well have had probable cause to conduct the search.

Now, you need to speak with an attorney.

 

[CdwJava]

What I am asking is will I be able to say that the actions of the 2nd officer were illegal and therefore the charges should be dropped?

Your attorney will likely TRY to make that argument, but if the officer says he smelled it before he poked his head in, that argument will likely fail.

 

[mconstantine]

Yea I got a meeting with him. I dont know Im going to request the tape from the cop car and go over it with my lawyer but thanks anyway dude. Later

 

[justalayman]

of course, that is if there is a tape.

 

[CdwJava]

And the tape does not have aromas on it.

And, like I said, marijuana wreaks and it remains for a long time. So, I'll bet that both officers or at least the second officer will articulate that he smelled whacky weed and that was why he poked in.