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Marijuana, Ticket, Looking for Advice.

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Glassjaw

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

Not really looking to take any sort of action, just looking for other's thoughts.

I was pulled over because either the car in front of me, or my car, smelled of cannabis. At the time I was doing 40mph. The officer walked up, told me this, and then stuck his head inside of my car, looking and smelling. He then asked me if I had any drugs in my car, or if I had been doing drugs, and then to clear my pockets, and essentially frisked me at which point he pulled a bag of weed out from my pocket. He then told me to get out of the car, and stand at the rear of mine. I left my door open while getting out, and he then without asking me began to look through my car. He then found my school bag and asked if I had anything in it, which I said no to and he began searching it. I can't remember specifically whether or not he asked me if he could search it, but I do believe he began searching, then asked, and searched more. After this I was ticketed for disturbing the public by having marijuana. The ticket, he said, would most likely be only $100, instead of a possible highest of $300 if I ask for minimal fines, at which he said he would not object.

The police officer was very friendly, but there were some odd things about this. Were my rights to privacy by me not specifically telling him he could search my vehicle, or did I imply he could by leaving my door open?

Also, how is it he could smell cannabis while I'm doing 40mph and smoking a cigarette, but not cannabis?
 


Isis1

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

Not really looking to take any sort of action, just looking for other's thoughts.

I was pulled over because either the car in front of me, or my car, smelled of cannabis. At the time I was doing 40mph. The officer walked up, told me this, and then stuck his head inside of my car, looking and smelling. He then asked me if I had any drugs in my car, or if I had been doing drugs, and then to clear my pockets, and essentially frisked me at which point he pulled a bag of weed out from my pocket. He then told me to get out of the car, and stand at the rear of mine. I left my door open while getting out, and he then without asking me began to look through my car. He then found my school bag and asked if I had anything in it, which I said no to and he began searching it. I can't remember specifically whether or not he asked me if he could search it, but I do believe he began searching, then asked, and searched more. After this I was ticketed for disturbing the public by having marijuana. The ticket, he said, would most likely be only $100, instead of a possible highest of $300 if I ask for minimal fines, at which he said he would not object.

The police officer was very friendly, but there were some odd things about this. Were my rights to privacy by me not specifically telling him he could search my vehicle, or did I imply he could by leaving my door open?

Also, how is it he could smell cannabis while I'm doing 40mph and smoking a cigarette, but not cannabis?
cannabis smells VERY different then cigarettes. i regret to say, my 11 year knows the difference.

how does a police officer walk up to your car while you are driving 40mph? that does sound odd.

probable cause. finding it in your pocket, now he has definite cause. searching your car was not illegal. searching your school bag was not illegal.
 

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