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Officer approached car in public parking area

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voltage18

Junior Member
I am a resident of Idaho. I was the passenger in a parked car. An officer came up and parked so his lights were pointing into our car, he approached our car, hand on his gun and knocked on the window. He asked angrily for information and then he spotted a jar in the backseat and threateningly asked for it. We complied and it had marijauna in it. I took the blame saying it was mine. Did the officer have reason to come over to the car and is it likely that my case will get thrown out?
 


CdwJava

Senior Member
I am a resident of Idaho. I was the passenger in a parked car. An officer came up and parked so his lights were pointing into our car, he approached our car, hand on his gun and knocked on the window. He asked angrily for information and then he spotted a jar in the backseat and threateningly asked for it. We complied and it had marijauna in it. I took the blame saying it was mine. Did the officer have reason to come over to the car and is it likely that my case will get thrown out?
First, you were in a public parking lot. He does not need a reason to approach a vehicle and people in a public place. Plus, I suspect there was something about the vehicle (where it was parked, the time of day or night, the actions of the people inside, etc.) that caught his attention in the first place.

If he saw a jar with marijuana in the back seat, well, chances are that it is not going to be suppressed unless he agrees that he demanded you turn over something that he had no idea what it was and thus had no probable cause to seize it.

Consult legal counsel. Chances are you are eligible for some form of diversion. Until it goes to court, you might want to consider drug counseling and staying clean so that any court mandated testing will come up clear.
 

tranquility

Senior Member
A "jar of marijuana"? In the back seat of a car?!?!?!?!?

What happened to hiding contraband down one's shorts? It was all the rage before schools started focusing on student self-esteem though praise rather than accomplishment. Maybe it's time for a comeback.

As to the legal question, the only thing I can see is if one could not see/smell the dope in the jar, then the officer will at least have to argue reasonable suspicion for thinking something is in there or consent to have the search. Each could be problematical. I don't know the RS from the facts, and, an armed police officer threateningly demanding things could be considered coercive for a consent.
 

voltage18

Junior Member
A "jar of marijuana"? In the back seat of a car?!?!?!?!?
Yeah, my friend accidentally knocked it out of my backpack in the backseat. No one realized it.
So i am pretty much screwed? I currently have 2 charges pending possession of marijuana under three ounces and paraphernalia. I have spent a night in jail and have been on house arrest for a month now. So does anyone have an idea of what i could get charged with?
 

dave33

Senior Member
Yeah, my friend accidentally knocked it out of my backpack in the backseat. No one realized it.
So i am pretty much screwed? I currently have 2 charges pending possession of marijuana under three ounces and paraphernalia. I have spent a night in jail and have been on house arrest for a month now. So does anyone have an idea of what i could get charged with?
The new possession charge probably will not be your biggest problem.
You should be worried about whatever you violated. It could be a violation of the home confinement or violation of probation or maybe a bail violation. Heck, from what you said it maybe all three. You should look into investing in a lawyer you could likely be facing jailtime. goodluck.
 

swalsh411

Senior Member
In my younger days we didn't store our weed in jars and put them on the backseat for all the world to see. We kept it in our pockets and glove compartments.

You should not have admitted it was yours.
 

CdwJava

Senior Member
I suppose the jar was an attempt to seal in the aroma that is so easy to detect by anyone with a functioning nose.
 

justalayman

Senior Member
I suppose the jar was an attempt to seal in the aroma that is so easy to detect by anyone with a functioning nose.
and it might have been a successful method but along with the sense of smell, one must consider the sense of sight as being problematic when speaking of cops and drugs.

silly silly kids. Don't they know nothing about hiding dope?
 
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