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Drug Paraphernalia / Cop didn't follow law

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Frankie123

Junior Member
What is the name of your state (only U.S. law)? Colorado

I was riding in a car with some friends, all over the age of 18. A cop pulled us over for not using a turning signal. The car smelt of marijuana so he took all of or licenses and phone. He searched us, had us sit on the curb and searched the car. He found multiple pipes. He searched through our phones and saw we were going to smoke with another friend that was on the street we got pulled over for. We got charged with drug paraphernalia and conspiracy. He let us go after telling us that he knew we were going to buy weed from our friend that lived on our street. This wasnt true at all. He let us go and immediately went over to our friends house.

His little brother let the cops inside and they tore his house apart. All they found was a scale. My friend, who is 18, has his medical marijuana license. He presented it to the cop. The cop took the card and went to his mother and showed it to her. He gave the mother my name and the names of my friends in the car. He gave my friend a distribution ticket and took his phone and scale.

A couple questions. Can the cop go through our phones like that? How can the cop give my friend a distribution ticket? What else did the cop do that is against our rights/law? Can the cop give out our names to the mother?

Thanks

Frankie
 
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FlyingRon

Senior Member
First off, even if the search of the phone is determined to be improper, it will have no bearing on your charges. Don't know enough of what he did to determine if what he did was improper. If he had you empty your pockets subject to arrest, and your friend texted the cell phone sitting there with a message saying "Dudes, I though you were coming over" that's fine. If he started digging through your smart phone, maybe not.

Now as for your friend, if it were to be determined to be improper, it might still not taint the subsequent search. Another issue is whether a minor (I assume since your friend is 18 and his "younger brother" let the cop in), can consent to a warrantless search.

Your friend definitely needs a lawyer, you may wish to consult one as well.
 

Deadlegend

Junior Member
I think that in most places, the cop needs a warrant to go through the phone.
Which wouldnt affect your charges in any way, since you werent charged with anything resulting from the phone search.

Your friend however, since they didnt find any pot (assuming there wasnt residue on the scale) should be good to go. Its bull**** cause hes gonna have to pay an attorney, but im guessing hell get off though.

Sounds like some dudley do right ******* cop. What can ya do?
 

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