Did the officer handle this the right way??

[quincy]

Thank you guys for all the wonderful help but I just got off the phone with an attorney around here where I am from and they agreed with me and said things didn't seem right when I told them the story. Matter of fact they actually think they have enough evidence from the talk on the phone that they said it has a good chance of being thrown out

It is good that you contacted an attorney.

I would call one or two other attorneys before settling on the one who told you what you wanted to hear, though, to make sure that what the attorney told you was not just a bid to get you as a client (not that I believe attorneys would ever do things like that ).

If the attorney you retain feels he can get the ticket dismissed entirely based on the facts of the arrest, terrific. If he finds he cannot, the attorney can at least work with the prosecutor to get you into a diversion program so you can escape having a criminal record.

Good luck.

 

[Mpwatts24]

Quincy

Def thank you for the help you were actually trying to as much as you could unlike some others!

 

[Mpwatts24]

Still have about 5 more calling me first thing in the am

Hopefully it all works out tho! Appreciate you for being a decent human being and showing some respect. I'm 28 years old and these cats thinking I'm a 17 year old kid who stays in trouble. That's what's wrong with the world these days!

 

[CdwJava]

Thank you guys for all the wonderful help but I just got off the phone with an attorney around here where I am from and they agreed with me and said things didn't seem right when I told them the story. Matter of fact they actually think they have enough evidence from the talk on the phone that they said it has a good chance of being thrown out

While it may not have been handled in a textbook fashion, to be "thrown out" the detention and/or search would have to be unlawful. The fact they left you to loiter is dumb, but, does not appear to be anything that would suggest the detention, search, and cite was bad.

You were in a closed parking lot with a sign that said "no loitering." Officers made contact and smelled weed. There's reasonable suspicion for a detention (trespassing and loitering) and for a search of your person (the smell of weed on you). I'm not sure what the attorney was thinking of unless you related to him some other important and pertinent details you failed to mention here. Or, as Quincy mentioned, this attorney may have been blowing smoke up your tailpipe for the retainer you'd pay him to look into the matter and get you a "great deal" (i.e. diversion).

 

[quincy]

Hopefully it all works out tho! Appreciate you for being a decent human being and showing some respect. I'm 28 years old and these cats thinking I'm a 17 year old kid who stays in trouble. That's what's wrong with the world these days!

Most of the volunteers on this site have volunteered their services for several years, off and on. Experience on this forum tells us that, when a poster says he was arrested for possession of marijuana while sitting in a restricted parking lot at 3 am, the poster is a teenager and not a mature adult. Usually we get this right. Sometimes, admittedly, we don't.

I tend to think that respect goes both ways. When someone is asking for FREE advice, they should be grateful for anything they receive, even the worst of the advice offered. But they probably should not TAKE the worst advice offered.

We are limited in what we can offer here because we NEVER are given the full picture and we NEVER have access to all of the facts. One missing fact can change advice dramatically. Therefore, everything that is offered on this site comes with the caveat that a poster should ONLY rely on the advice given him by an attorney licensed to practice in his own jurisdiction.

I am happy that you will be consulting with attorneys in your area. The personal review and assistance is necessary.

Good luck, Mpwatts24.

 

[Silverplum]

It really baffles me of how many low life people come on here to talk **** and be rude to others going thru a rough time and see the fun in it.. I've been working at the same job for 7 years and have never made a late payment on my bills and never missed a day at work that wasn't excused. But because I come on here for advice when I def admitted I had 1.5g y'all think I'm a piece of **** low life lmao I love it! I'm sure half of y'all are living off welfare that my paychecks contribute to! Have a nice day tho

You seem so angry. Stoners are usually very pleasant.

Q4P.

 

[Eekamouse]

Thank you guys for all the wonderful help but I just got off the phone with an attorney around here where I am from and they agreed with me and said things didn't seem right when I told them the story. Matter of fact they actually think they have enough evidence from the talk on the phone that they said it has a good chance of being thrown out

Textbook OG effect.

 

[xylene]

Here come the grammar police.

Wee-ooo-wee-ooo-wee-ooo

 

[TigerD]

Here come the grammar police.

Wee-ooo-wee-ooo-wee-ooo

"But if you got a warrant, I guess you're gonna come in."

TD

 

[FlyingRon]

I'm late to the thread but I spent some time watching drug trials in GDC when I was waiting around for my son's case last year.

Since you were already parked, the officer is free to approach you without having to have any reason.
If he can identify the odor of marijuana coming from the vehicle and there's no arguable reason that there should be marijuana smell in the area, then what follows appears legitimate.
Miranda only applies to questioning you after you are in custody, it's not a mandatory part of the arrest process despite what you see on TV.