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"traffic stop"

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Jb0502

Junior Member
i was pulled over the other day supposdly for a tail light (which i got no citation for) and i told him he could search me then he asked if he could search my truck and i said no. he then said well could i search the center console and i said go ahead. he got in my truck and was looking in it for a few seconds then another cop got in the passenger side and was looking under the seat, in the glove box etc. before the cop dicovered my first bag of weed. i was wondering if they would b violating anything by looking other places than the center console?
 


Just Blue

Senior Member
i was pulled over the other day supposdly for a tail light (which i got no citation for) and i told him he could search me then he asked if he could search my truck and i said no. he then said well could i search the center console and i said go ahead. he got in my truck and was looking in it for a few seconds then another cop got in the passenger side and was looking under the seat, in the glove box etc. before the cop dicovered my first bag of weed. i was wondering if they would b violating anything by looking other places than the center console?
https://forum.freeadvice.com/drug-charges-28/yo-512884.html
 

calatty

Senior Member
If a search is based on consent, the police may only search what you have given them permission to search. The problem is proving that you only gave permission to search the console since they will probably say you consented to a search of the entire interior.
 

CdwJava

Senior Member
And, of course, once the officer poked his head in to search the console, any odor of marijuana would have given rise to a further search based upon probable cause.

Your attorney will get the officer's report in discovery.
 

Jb0502

Junior Member
If a search is based on consent, the police may only search what you have given them permission to search. The problem is proving that you only gave permission to search the console since they will probably say you consented to a search of the entire interior.
One of my friends heard me say they could only search that and the 3 bags were under the driver seat. plus he could never smell anything but cigarettes. p.s im under 18, had under 15 grams(which isnt a felony), and they are trying to charge me with a felony possession with intent but the bags were for a friend their jus saying that since i had more then 1 bag i was going to sell it
 
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justalayman

Senior Member
then let your attorney deal with it. If the officers cannot justify the extended search, your attorney should be able to have the evidence suppressed.

but your claim of not being able to smell anything but cigarettes:

maybe you couldn't smell MJ but that doesn't mean the officer couldn't. It always seems that dopers want to make that claim but the odor is so distinguishable and so long lasting that it seems the dopers simply have become ignorant of the odor.


and multiple bags?

sure sounds like intent to distribute.

I have a funny suspicion you are going to find out a whole bunch of things you are not aware of when this case gets rolling.
 

CdwJava

Senior Member
One of my friends heard me say they could only search that and the 3 bags were under the driver seat. plus he could never smell anything but cigarettes. p.s im under 18, had under 15 grams(which isnt a felony), and they are trying to charge me with a felony possession with intent but the bags were for a friend their jus saying that since i had more then 1 bag i was going to sell it
Giving it to a friend IS distribution ... it is the same as sales.

And, as mentioned, because YOU could not smell the marijuana does not mean the officer could not. Those of us who do not smoke and do not smoke weed can detect the pungent aroma of marijuana quite easily even if it is on your clothing from a party last week. It is a distinctive aroma, and quite pervasive.

Consult legal counsel ASAP as you face a potential felony.
 

Zigner

Senior Member, Non-Attorney
When I place things under my seat, they oftentimes have a part that sticks out and is visible when leaning over to look in the console...
 
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