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Is this Probable cause?

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Gatlin

Junior Member
What is the name of your state?Arizona
I got pulled over for going 45 in 35 and the cop was going to give me a speeding warning. He pulled me out of the car and asked me if I had been smoking marijuana. I told him i had smoked earlier that day in teh morning, and it was now like 4. Well he put me through a roadside sobriety test, which i did right, and still implied that i was impaired. He called my parents to come get my truck before he put me through the test and then went and searched my truck an dfound a roch in the ashtrey my firend left there i didnt know about. Is me telling him i had smoked that mirning probable cause to search me after i passed a test?
 
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sungod916

Member
I am not sure if that's probable cause (there are senior members who are cops) but did he ask you if he could search?

Because if he did and you said yes, then there you go.

But I guess if you admitted you had smoked some earlier, than that would give him reason to believe you might have some in your car.
 

BelizeBreeze

Senior Member
sungod916 said:
I am not sure if that's probable cause (there are senior members who are cops) but did he ask you if he could search?

Because if he did and you said yes, then there you go.

But I guess if you admitted you had smoked some earlier, than that would give him reason to believe you might have some in your car.
And some senior members who are not police officers. So, next time you want to talk out of your rear end do so some other place. The fact that the driver was exceeding the speed limit, AND answer positive to the fact that he had smoked a controlled substance earlier in the day, was probable cause to conduct a warrantless search.

The officer did not have to ask permission.
 

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