Minor marijuana possession in Yellowstone Park

[flyfisher]

I'm a student in need of future federal financial aid, which is my main concern w/ taking this charge. I was pulled over late at night in Yellowstone, making this a federal case w/ a hardass prosecutor to deal with.

After being stopped and while officer 1 checked on my info., officer 2 approached as I sat in my vehicle to "engage me conversation." Before even reaching my window, he mentioned the smell of MJ, although the first officer had never noticed or mentioned anything. He told me to hand over whatever I had b/c they knew I had drugs and would search my truck and find it anyway. That's when I gave officer 2 my pipe and small orange pill bottle of minor quantity of MJ. I feel his statements were coercive and should invalidate my consent, or the evid. I turned over. Does plain view--here, the smell noticed by officer 2 but mysteriously not by officer 1--render however invalid my consent may have been irrelvant?

I would appreciate your advice b/c I have already hired a friend to do some research for me and he is unclear from the cases he found how strong the law is on our side (10th circuit).

 

[Some Random Guy]

Case law is not on your side. The second officer was either more observant than the first, or else the first one wanted time to log your info and get the second officer involved before making an issue of it.

The officer told you you had drugs and to hand them over. You said "OK" and gave them to him. There was no search here - you volunteered that you had the drugs and you handed them over.

 

[flyfisher]

Case law is not on your side. The second officer was either more observant than the first, or else the first one wanted time to log your info and get the second officer involved before making an issue of it.

The officer told you you had drugs and to hand them over. You said "OK" and gave them to him. There was no search here - you volunteered that you had the drugs and you handed them over.

Thank you for your fast response. Is the real issue whether there was a search or whether the search was reasonable? I've found a few cases outside the 10th Cir. that would essentially support the notion that the moment officer 2 announced his detection of a smell (I estimate about 5 to 10 ft. away), I was beginning to be interrogated as if in custody. "We will find it whether you give it up or not" is coercive and invalidates your "consent" or "admission." Would the "inevitable discovery" doctrine be another obstacle, based on the fact that officer 2 smelled the odor of MJ (plain view) that gave him PC to begin the interrogation? I feel you may have oversimplified your response b/c of the lack of info. I initially provided. Best....

 

[CavemanLawyer]

The odor of marijuana emitting from a vehicle gives an officer probable cause to search the vehicle for marijuana. If the officer really did smell it, it doesn't matter whether your consent was voluntary or not, because he didn't even need your consent to search.

Regardless of what the first officer did or did not notice, did your vehicle really smell like marijuana?

 

[The Occultist]

Regardless of what the first officer did or did not notice, did your vehicle really smell like marijuana?

That is not really a good question to pose to the OP. The average person smoking pot is not aware that him, his car, his clothes, etc. smell a great deal to those who are not normally around marijuana.

 

[CavemanLawyer]

If he says no, or that he doesn't know, than fine. But if he's not the "average pot smoker" and says yes, than we know the second cop wasn't just making this up.

Ok is this better? flyfisher, is there any reason that your car might have smelled like marijuana that day?

 

[flyfisher]

If he says no, or that he doesn't know, than fine. But if he's not the "average pot smoker" and says yes, than we know the second cop wasn't just making this up.

Ok is this better? flyfisher, is there any reason that your car might have smelled like marijuana that day?

I smoked 4 hours before, outside the vehicle. I was also smoking a cigarette at the time he pulled me over. There are certain minor indecrepancies in the police report of why they actually pulled me over. There are also statements from 3 other officers missing if there were even any filed to begin with. The officer that actually "smelled MJ" report was not included in the discovery but an "account" from the first officer was. The first officer stayed with me for 10 minutes while i retrived my registration ins and lic. After 5 minutes the other officer came up and was approx 10 feet from the vehicle and immediately interrogated me.

Im seeking a plea in abeyance from this. This being my first offense I feel this is not unreasonable.