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Illegal stop and search? marijuana possesion

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bassman0115

Junior Member
Michigan

Recently, I was driving with a friend and my friend was pulled over. The officer said that she failed to signal a lane change. Then he said he smelled marijuana in the vehicle and asked everyone in the car to get out and be searched. I got out and asked him what the problem was and why we were being searched. he said he smelled marijuana. I asked if that gave him the right to search us, and he said yes. I had not given him the "okay" to search me, but he asked me to put my hands on the vehicle and searched me anyways. He found a small bag of marijuana, cuffed me, took me in for fingerprints, and sent me off with a misdemeanor ticket. (everyone else in the car was let go)

So we were pulled over for something we did not do. The officer even told the driver that if she contested the ticket, she would get off. While I was in the back of the police car, I even heard the cops talking to each other saying

cop 1: "So should I write a ticket for failure to signal?"
cop 2: "Yea, you better... to legitimize the stop."

Was this search legal?? Was the stop legal?? Can any of this info save me from this situation?
 


cyjeff

Senior Member
Police officers can give a ticket or a warning.

They were debating whether to let the driver off with a warning.

Legal.
 

bassman0115

Junior Member
but she really did signal the lane change, so the police pulled her over for no reason. Isnt that illegal for the cops to do?
 

bassman0115

Junior Member
well, when I was in the back seat. I saw the police car was equipped with a monitor and camera. I imagine the proof would be on that recording. The officers even told her, If she fights the traffic ticket... She will get it dropped.

(btw, thanks for the replies)
 

bassman0115

Junior Member
Here is a better description of what happened, if anyone cares to read. This is what I'm sending to my father to have him have his lawyer look at.

In the car was 5 people. I was in the front passenger seat. **** was driving. We drove past a police car and the car followed. We were pulled over and the first cop approached the driver-side, and asked for license/registration. He walked away for a moment then returned and asked **(driver)** to step out of the car. (From what I could hear from inside the vehicle...) The cop told **(driver)** he could smell marijuana in the vehicle. They continued talking, but i couldn't hear everything they were saying. After a few minutes the cop tapped on the glass of my window and asked me to step out. After I got out of the car I asked him what was wrong. He told me he smelled marijuana in the vehicle and asked if I had anything he should know about. I told him no. He told me to put my hands on the car. I did as he said, then asked him if he had the right to search me. He said he did because he could smell marijuana. He found some in my pocket. Then he had me put my hands behind my back and cuffed me. He said I was being disrespectful, even though I had not been at all. He said my questions were rude and that he would have explained everything for me AFTER he was done searching me. He also said that if I had not been disrespectful, he probably would have tossed the bag on the ground and let me go... (but I do not believe that considering I was not being A DICK... A TOUGH-GUY... or AN ***HOLE as they had referred to me as throughout this event). I was put in the backseat of the police officers vehicle and was left there for a while, while the officers searched the rest of the passengers and the car. The cops talked to the other passengers for a bit, then let them go back into the car. The cops returned to their vehicle to write the ticket. As I was in the backseat. One of the officers asked if he should write the ticket for the 'failure to signal a lane change'. The other cop said that he should write the ticket to legitimize the stop. (this was the first time I found out why we were stopped to begin with). After the ticket was written they gave it to **(driver)**, and let her go. Then the cops drove me to the Marine City station to get finger-printed. They fingerprinted me, wrote my ticket and released me. The next day **(driver)** told me that she definitely did use her turn signal (why wouldn't she... we all very clearly say the police car). The cops also told **(driver)** that if she contests her ticket, she will get it dropped. The police car had a monitor/camera system on it, so if **(driver)** is being truthful, the evidence should be on that recording. I'm wondering if the search the police made was illegal, since the initial stop was for something that we did not do and I did not consent to a search, so the cops were just hassling us for no good reason.
 

CdwJava

Senior Member
It's amazing how the cops harass people for no reason and then find drugs. :cool:

In any event, the camera in the car would only show the violation if they had it turned on or it records constantly. Most such cameras do NOT operate all the time, and only record when manually activated or the overhead lights are turned on.

You can argue that the stop was invalid as the driver had used his or her signal and you can bring in the driver and all your pals to affirm that if you wish. Whether a judge or a jury will find them credible or not is questionable.

Next time, remember, marijuana has a very distinct and lasting odor. it smells. The smell also stays on clothes and in vehicle interiors for a long time - especially after smoking it. if you want to smoke dope, keep it at home - it'll be safer for you.

- Carl
 

tranquility

Senior Member
The officer said that she failed to signal a lane change.
Probable cause to stop or seize the vehicle.

Then he said he smelled marijuana in the vehicle and asked everyone in the car to get out and be searched.
Probable cause to search. (I find it interesting he asked rather than told.)

He found a small bag of marijuana,
While not presumptive of if the search was legal, apparently his training and experience was right on.

cuffed me, took me in for fingerprints, and sent me off with a misdemeanor ticket.
Which is the usual procedure for those who commit crimes.

What was your question again? I mean, if the police can articulate a breaking of the law and if they can articulate the reason why they believed you had pot before they searched, it seems good to me.

If you were a reasonable person with the cop's training and experience and was trying to enforce the law, including the law about illegal possession of drugs, what would you have done?
 

bassman0115

Junior Member
Probable cause to stop or seize the vehicle.
Even if she did signal?

Probable cause to search. (I find it interesting he asked rather than told.)
Well, he told, sorry for the poor use of words

What was your question again? I mean, if the police can articulate a breaking of the law and if they can articulate the reason why they believed you had pot before they searched, it seems good to me.
My question is... since the officers did not properly go about this stop (they had no right to pull us over to begin with), could this void the charges?
 

CdwJava

Senior Member
Even if she did signal?
The officers will (apparently) testify that they did not see a signal, or that it was belated, or some other bad act of driving to justify the stop. Absent some compelling proof that the officers lied or are not credible, they are likely to be as the more believable of the two sides.

My question is... since the officers did not properly go about this stop (they had no right to pull us over to begin with), could this void the charges?
IF (and it is a BIG "if") you can show that the officers did not have reasonable suspicion to stop the vehicle, then you may be able to make a successful motion to suppress the evidence that resulted from the contact.

- Carl
 
Here is an idea

Instead of attacking the officers who were doing their job why don't you man up and admit you screwed up. While you're at it quit doing drugs then you wouldn't have to worry about situations like this. But since none of the above is likely to happen you better get a lawyer.
 

CdwJava

Senior Member
A good lawyer will very likely be able to attack smell as probable cause for a search.
Only if "smell" is not good probable cause in Michigan, and that is the case in at least a couple of states. In mine, that odor tends to be good ... not sure about Michigan.

- Carl
 
Instead of attacking the officers who were doing their job why don't you man up and admit you screwed up. While you're at it quit doing drugs then you wouldn't have to worry about situations like this. But since none of the above is likely to happen you better get a lawyer.
Well stated.
 

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