was this search legal?

[hihowsitgoin]

I am in Arizona. A couple of nights ago I was walking down the street with a friend and was stopped by an officer. He said he stopped us because he was looking for two vandals. We gladly gave him our IDs, points of origin and destination and reason for being out. After he had communicated our information over the radio he asked if he could search us, explaining they were searching everyone (the implication being due to the supposed vandalism). Forgetting I had a bag of weed in my pocket I agreed along with my friend. While my friend was being searched I realized I still had the weed in my pocket and told the officer as much. He confiscated it and the knife I declared upon being asked if I had any weapons, cuffed me and took me over to his car at which point he read me my Miranda rights and began asking me various questions regarding my damning evidence. Over the course of this questioning he informed me that he had asked to search us because we smelled like weed.

My question is this- were my rights violated in being lied to regarding the reason for the search? It is my understanding that I have the right to refuse a search. I only consented to the search (at the time forgetting I was possessing) because I was under the impression it was for evidence of vandalism. I was seeking to rectify the situation quickly by proving there were no grounds to believe me a vandal. If he had stated his true reason for requesting the search I would have denied him regardless of what I had on me on moral grounds- I don't think it's right for a police to be able to search anyone walking down the street because of how they smell. Besides the weed in my pocket I wasn't doing anything illegal, harrassing anyone, or giving any reason to believe me a criminal. I was crossing the street en route to the gas station to purchase a lighter in a peaceful, orderly manner. My arraignment is on tuesday and I need to know how to plead. Do I have a case to get this thrown out or at least a no contest? I would prefer to have this over with as quickly as possible and will just plead guilty if I don't have a case but if my rights were violated (and it definitely feels like they were) I have no intention of bending over and taking it. This is not a fascist state and I will not allow my rights to be trampled on.

Thank you for any help you can supply.

 

[garrula lingua]

You won't win a suppression motion.

The search was fine.
You consented.

 

[hihowsitgoin]

even though I would not have consented if I had been given a truthful reason?

 

[tranquility]

Yes, even if you wouldn't have consented if the police hadn't lied to you. There are some lies allowed for consent and some which are not. This one (if it was a lie) is an allowed one.

 

[Zigner]

I am in Arizona. A couple of nights ago I was walking down the street with a friend and was stopped by an officer. He said he stopped us because he was looking for two vandals. We gladly gave him our IDs, points of origin and destination and reason for being out. After he had communicated our information over the radio he asked if he could search us, explaining they were searching everyone (the implication being due to the supposed vandalism). Forgetting I had a bag of weed in my pocket I agreed along with my friend. While my friend was being searched I realized I still had the weed in my pocket and told the officer as much. He confiscated it and the knife I declared upon being asked if I had any weapons, cuffed me and took me over to his car at which point he read me my Miranda rights and began asking me various questions regarding my damning evidence. Over the course of this questioning he informed me that he had asked to search us because we smelled like weed.

My question is this- were my rights violated in being lied to regarding the reason for the search? It is my understanding that I have the right to refuse a search. I only consented to the search (at the time forgetting I was possessing) because I was under the impression it was for evidence of vandalism. I was seeking to rectify the situation quickly by proving there were no grounds to believe me a vandal. If he had stated his true reason for requesting the search I would have denied him regardless of what I had on me on moral grounds- I don't think it's right for a police to be able to search anyone walking down the street because of how they smell. Besides the weed in my pocket I wasn't doing anything illegal, harrassing anyone, or giving any reason to believe me a criminal. I was crossing the street en route to the gas station to purchase a lighter in a peaceful, orderly manner. My arraignment is on tuesday and I need to know how to plead. Do I have a case to get this thrown out or at least a no contest? I would prefer to have this over with as quickly as possible and will just plead guilty if I don't have a case but if my rights were violated (and it definitely feels like they were) I have no intention of bending over and taking it. This is not a fascist state and I will not allow my rights to be trampled on.

Thank you for any help you can supply.

Drugs will do that to you.

 

[hihowsitgoin]

Drugs will do that to you.

... gee thanks for the helpful input. It must be nice up there on your pedestal.

 

[seniorjudge]

Drugs will do that to you.

https://forum.freeadvice.com/showthread.php?t=316548

 

[seniorjudge]

... gee thanks for the helpful input. It must be nice up there on your pedestal.

Marijuana will give you weak wienie as well as forgetfulness.

 

[Zigner]

... gee thanks for the helpful input. It must be nice up there on your pedestal.

I've never been fired and I've never had to worry about drugs in my pocket.
My pedestal isn't high - your pit is low.

 

[hihowsitgoin]

There is no pit. I've never been fired either and generally don't keep drugs in my pocket. It was a one time mistake and you don't have to smoke weed to make mistakes. You are making a lot of easy assumptions about me based on nothing more than a bias. Another word for bias is prejudice. Not everyone who drinks is an alcoholic and not everyone who smokes weed is a drug addict. Cigarettes have a higher chance of causing cancer, alcohol has a much more un-inhibiting affect and does a lot more to impair your judgment and senses and prescription drugs have an extremely higher chance of resulting in dependency. Drunks go out driving, getting in fights and starting trouble. Marijuana has a sedative affect and pot smokers usually just sit around and watch t.v or movies, play video games, listen to music and eat munchies- the purchasing of all of which contribute to the economy I might add. The illegalization of marijuana is nothing more than modern prohibition.

I am aware that I broke the law and take responsibility for that. I only want to make sure that the police are held to the same standard. I might be a pothead but at least I don't go around judging people I don't even know. That being said this is the legal advice forum. I came here for legal advice, if I wanted to be judged for my personal vices I could have gone to church or an AA meeting. We all have our vices and we all have our addictions. In any future replies to any of my posts I request that you stick with not only the subject matter but the purpose of this forum. Thank you.

 

[seniorjudge]

You are making a lot of easy assumptions about me based on nothing more than a bias. Another word for bias is prejudice. Not everyone who drinks is an alcoholic and not everyone who smokes weed is a drug addict. Cigarettes have a higher chance of causing cancer, alcohol has a much more un-inhibiting affect and does a lot more to impair your judgment and senses and prescription drugs have an extremely higher chance of resulting in dependency. Drunks go out driving, getting in fights and starting trouble.

I am going to make a wild guess here: You flunked logic, right?

 

[hihowsitgoin]

I have no idea what you're talking about. I'm actually generally good at and even read up in the art of logic... in fact what you quoted there showed use of logic. when I said just because you drink does not make you an alcoholic and just because you smoke weed does not make you an addict neither was meant to be in any way contingent upon or proof of the other but merely a comparison to give a point of reference for those who are ignorant of marijuana usage and the lack of proof that it causes any physical dependency-in fact alcohol has a higher chance of resulting in physical dependency. Furthermore I'm very curious why you quoted a link to an unrelated post I made two years ago. The only thing they have in common are that in both I take full responsibility for my actions but wish to make sure that all parties are held accountable for their actions.

 

[Zigner]

Cigarettes have a higher chance of causing cancer

Good thing I don't smoke

, alcohol has a much more un-inhibiting affect and does a lot more to impair your judgment

Ditto

prescription drugs have an extremely higher chance of resulting in dependency.

I'm pretty sure my allergy meds are safe

 

[hihowsitgoin]

My apologies, I did not mean to imply anything regarding your personal habits. My point was merely to illustrate that the legal alternatives are as bad or worse, but no one goes around judging anyone for those things. It is my opinion that both pot and potheads get a lot of undeserved bad press and IF said bad press IS deserved than there is rampant hypocrisy within the media, government and a fair demographic of the populace in the lack of bad press for other enemies of the mind and body and I'm not just talking about narcotics. No one in the written history of medicine has ever died from smoking too much weed alone (alone being the important word here- admittedly a lot of people mix weed with other things but that's their decision and not my M.O and just as true for alcohol and cigarettes) How many people die from alcohol poisoning a year? Hell, obesity is one of the top avoidable causes of death in America- avoidable as in all you have to do is not do it and you're fine. I don't see McDonalds getting outlawed. The government allows me to take responsibility for my body in many ways with much more potential for negative consequences than weed. I can take my life into my own hands by driving 80 mph down the highway in a 2 ton chunk of metal. I can buy guns, live on twinkies, kill the budding lives within the pregnant, get useless plastic surgery, smoke, drink, take stackers and drink energy drinks to stay awake for unnatural and unhealthy lengths of time. Every time I go to the grocery store I walk by hundreds of products and chemicals with a potential to kill or hospitalize me that weed just does not possess and that's ok, but if I inhale the smoke from burning a natural plant that grows in the ground and has a small fraction of the potential to hurt me than suddenly I am a criminal, a drug addict, and a bad person. Every president, politician, court room, coin and dollar in American history says "god bless America" but ignores the fact that god says in the bible that every flowering and fruit bearing plant put on this earth is for mans use. I'm sure the government has it's reasons for outlawing marijuana and persecuting me for what plant I choose to introduce to my system, but I'm also sure that they are not the reasons being stated and it sure as hell has nothing to do with morals or concern for my personal safety. In short, as I said I am not attempting to imply anything regarding your personal habits or vices, I am however straight out stating that if you agree with narcotics laws as they stand (including the ones regarding alcohol and such) than you are either a hypocrite or should at least admit that it has less to do with concern for the individual and more to do with bureaucracy, substance control and money.

 

[Zigner]

My apologies, I did not mean to imply anything regarding your personal habits. My point was merely to illustrate that the legal alternatives are as bad or worse, but no one goes around judging anyone for those things. It is my opinion that both pot and potheads get a lot of undeserved bad press and IF said bad press IS deserved than there is rampant hypocrisy within the media, government and a fair demographic of the populace in the lack of bad press for other enemies of the mind and body and I'm not just talking about narcotics. No one in the written history of medicine has ever died from smoking too much weed alone (alone being the important word here- admittedly a lot of people mix weed with other things but that's their decision and not my M.O and just as true for alcohol and cigarettes) How many people die from alcohol poisoning a year? Hell, obesity is one of the top avoidable causes of death in America- avoidable as in all you have to do is not do it and you're fine. I don't see McDonalds getting outlawed. The government allows me to take responsibility for my body in many ways with much more potential for negative consequences than weed. I can take my life into my own hands by driving 80 mph down the highway in a 2 ton chunk of metal. I can buy guns, live on twinkies, kill the budding lives within the pregnant, get useless plastic surgery, smoke, drink, take stackers and drink energy drinks to stay awake for unnatural and unhealthy lengths of time. Every time I go to the grocery store I walk by hundreds of products and chemicals with a potential to kill or hospitalize me that weed just does not possess and that's ok, but if I inhale the smoke from burning a natural plant that grows in the ground and has a small fraction of the potential to hurt me than suddenly I am a criminal, a drug addict, and a bad person. Every president, politician, court room, coin and dollar in American history says "god bless America" but ignores the fact that god says in the bible that every flowering and fruit bearing plant put on this earth is for mans use. I'm sure the government has it's reasons for outlawing marijuana and persecuting me for what plant I choose to introduce to my system, but I'm also sure that they are not the reasons being stated and it sure as hell has nothing to do with morals or concern for my personal safety. In short, as I said I am not attempting to imply anything regarding your personal habits or vices, I am however straight out stating that if you agree with narcotics laws as they stand (including the ones regarding alcohol and such) than you are either a hypocrite or should at least admit that it has less to do with concern for the individual and more to do with bureaucracy, substance control and money.

Wow**************