VA: is this a legal search for drugs?

What is the name of your state (only U.S. law)? Virginia


So I was driving to a local bar and as I was driving down the road I noticed a cop was fallowing me, but he never pulled me over. I also had a friend with me.

I finally get to the bar establishment and park. He then pulls up besides me and asks me if I knew a person with my same last name as me but different first name. I get out of my car, close my car up, and roll up my windows and lock my door.

I get out and show him my ID. I wasn't the person they were looking for, and I had no idea who the person was they were looking for. They asked if they could search me, and I said no.

My friend apparently at this time was getting hassled by the other cop, because he had .1 grams of marijuana - basically half a bowl on him. I had a bowl on me but I didn't let the cop search me. He apparently let the cop search him.

So they put my friend in the back of the cop car, and tell me they are going to get the dog and if the dog reacts they are going to seize my car. I told them they still couldn't search, and started walking away. They were trying to get me to stay, but I told him I was leaving if they couldn't detain me, and I left.

I get in the bar, and gave my bowl to a friend so I wouldn't get charged with it in case they were screwing with my car, and about 5 minutes later, one of the cops enters the bar and tells me to come out with him.

When I get outside, they take my keys from me, and search my car. I told them, this seems like a shaky search and seizer but that did not deter them.

They found 4.2 grams of marijuana in a mason jar, and detain me. After sitting in a cop car for about 30 minutes, they let me out, and give me a citation for court, and I was free to leave. They took my marijuana, and all the money in my wallet - I had about $200+. They never even gave me a note for how much cash they took.

I was charged with possession with the intent to distribute.
I was charged with section code - 18.2 - 248.1

I am really upset about this, because I try and be very careful, and I refused a search. I was even able to leave the parking lot - it is privet parking by the way - and I still get a charge.

This in my mind is a slap in the face to the 4th amendment. If officers can do this, why can't they just walk a dog around every car in a bar parking lot, and hassle anyone the dog barks at. This in my mind is unjust and unfair punishment.

If any one has any advice on what I should do now, I would greatly appreciate it.

PS - this is my first offense, and I have a relatively clean record.

Did they bring the dog to the car?

If so, I don't see a problem. They had already found grass on one of you... asking to search or getting a dog would have been the next logical step.

yes, the dog reacted to my car i suppose, i was not there to witness it.

but i did see a dog

djevans said:

This in my mind is unjust and unfair punishment.

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As it turns out, what is "in [your] mind" is pretty distant from any legal concept. I'm sure that, in your mind, pot should be legal - but it doesn't mean that it is.

djevans said:

yes, the dog reacted to my car i suppose, i was not there to witness it.

but i did see a dog

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You chose to remove yourself from the process.

If a dog tagged your car, the resultant search was legal. Because your friend not only agreed to a personal search but was found in possession, the calling of the dog was legal.

I would think you should be able to reduce the distribution charge... I am thinking that the cop hit you with the most he/she could think of because of your behavior.

One more point and for obvious reasons, it would have been completely appropriate to detain you pending the arrival of the drug dog.

Didn't the bar have a back door?

One more point and for obvious reasons, it would have been completely appropriate to detain you pending the arrival of the drug dog.

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What obvious reasons are those?

I think the cops did great police work here and followed the book. I don't see how a very small amount of marijuana on the person of a passenger in the car would lead to a reasonable suspicion regarding the driver to allow a detention.

tranquility said:

What obvious reasons are those?

I think the cops did great police work here and followed the book. I don't see how a very small amount of marijuana on the person of a passenger in the car would lead to a reasonable suspicion regarding the driver to allow a detention.

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so can i fight the case? the car was mine, and had no marijuana on me. how come they can search my car if they find marijuana on him?

also, how screwed will I be in court? What are common first offense penalties for my charge?

tranquility said:

What obvious reasons are those?

I think the cops did great police work here and followed the book. I don't see how a very small amount of marijuana on the person of a passenger in the car would lead to a reasonable suspicion regarding the driver to allow a detention.

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Police have the authority to hold a motorist pending a K-9 search to avoid the destruction of evidence which happened in this case.

Police have the authority to hold a motorist pending a K-9 search to avoid the destruction of evidence which happened in this case.

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Not in this case. The police did not stop the car with reasonable suspicion or probable cause and the person was not detained. In the usual K-9 case, there is a traffic stop and the dog is called and arrives before the normal (or within a very reasonable time) time to release the person would come. (Run for warrants, complete the citation, etc.) And, even if we could pretend for a moment the small amount of pot on a passenger would allow the police to detain the car and have the OP not be able to drive it away, does *not* mean they would have the ability to detain the OP.

I say again, I don't feel the police have enough to detain the person. Before you spout rubbish again, let's at least get to the issue. What do the police need to detain the OP here? Not what facts, what is the rule of law?

so can i fight the case? the car was mine, and had no marijuana on me. how come they can search my car if they find marijuana on him?

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They didn't search the car because they found marijuana on him. You left the car and they walked the dog in a public place where it alerted to the presence of marijuana in the car. They *then* had probable cause to search and, if you didn't give them the keys, they could have broken the window (Or, more likely, towed and used a locksmith.) and done the search. Once the alert happened, you were now legitimately a suspect and they could detain you until they did the search.

As I wrote before, I think the cops did this one exactly right. They did not exceed their authority even though with a little testi-lie or two they could have done a lot more. You are rightfully and truly caught. Ask your attorney for more. I do think that, absent more, you may be able to deal down the poss for sale charge as I don't see that.

tranquility said:

Not in this case. The police did not stop the car with reasonable suspicion or probable cause and the person was not detained. In the usual K-9 case, there is a traffic stop and the dog is called and arrives before the normal (or within a very reasonable time) time to release the person would come. (Run for warrants, complete the citation, etc.) And, even if we could pretend for a moment the small amount of pot on a passenger would allow the police to detain the car and have the OP not be able to drive it away, does *not* mean they would have the ability to detain the OP.

I say again, I don't feel the police have enough to detain the person. Before you spout rubbish again, let's at least get to the issue. What do the police need to detain the OP here? Not what facts, what is the rule of law?

They didn't search the car because they found marijuana on him. You left the car and they walked the dog in a public place where it alerted to the presence of marijuana in the car. They *then* had probable cause to search and, if you didn't give them the keys, they could have broken the window (Or, more likely, towed and used a locksmith.) and done the search. Once the alert happened, you were now legitimately a suspect and they could detain you until they did the search.

As I wrote before, I think the cops did this one exactly right. They did not exceed their authority even though with a little testi-lie or two they could have done a lot more. You are rightfully and truly caught. Ask your attorney for more. I do think that, absent more, you may be able to deal down the poss for sale charge as I don't see that.

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the place was not public, it was privet property. This was not a road side stop. It was done on privet grounds owned by the bar establishment.

if they are allowed to walk a dog around a car, why don't they tow every car a dog alerts? Are they allowed to randomly have dogs walk around cars and alert? And if the dog alerts are they then allowed to tow a car or break the window? let's be reasonable here.

I also did nothing illegal in the first place to even be approached and harassed by the cops. They did not pull me over for a moving violation or any other violation. I was simply parked, and got out of my car and was approached.

Also the weed was in the center console. It was also in a mason jar. I find it hard to believe that the dog even alerted and the cops were able to search my car in the first place.

How in the world would you avoid this situation if you have a small amount of marijuana on you? I am entitled to my privacy and this seems wrong. What should I have done differently?

I spoke to a lawyer, and he says I do seems I do have a leg to stand on.

The search in question does sound shaky and it may or may not be dismissed based on what the officer says in court.

so at least I may have a leg to stand on.

the place was not public, it was privet property. This was not a road side stop. It was done on privet grounds owned by the bar establishment.

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It was in a place normaly frequented by the public. The police were allowed there. If it were in a locked garage or something like that where the police would need a warrant to enter, that would be an issue.

if they are allowed to walk a dog around a car, why don't they tow every car a dog alerts? Are they allowed to randomly have dogs walk around cars and alert? And if the dog alerts are they then allowed to tow a car or break the window? let's be reasonable here.

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Resources. Towing every car can be expensive in time and trouble. The dog alerting gives the police probable cause to believe there is drugs in the car. Because of the inherently mobile nature of a motor vehicle, the police have the right to search the vehicle on probable cause without a warrant. Once they have the right to search, they have that right no matter how much of a hassle it is to the owner. That is the definition by case law regarding what "reasonable" means.

I also did nothing illegal in the first place to even be approached and harassed by the cops. They did not pull me over for a moving violation or any other violation. I was simply parked, and got out of my car and was approached.

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If they pulled you over for no reason, then you'd have something. As it was, the police have the right to walk the streets and talk with people every bit as much as you do. Because you did nothing illegal, that's why they allowed you to walk away and hide your dope. Otherwise you'd have heard "Stop, Police" as you tried to leave and then, "taser, taser, taser" if you continued. (Unless they decided to simply tackle you, but police don't do that so much any more.)

Also the weed was in the center console. It was also in a mason jar. I find it hard to believe that the dog even alerted and the cops were able to search my car in the first place.

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Two things. One, dogs noses can smell very well. Two, I also have doubts about many alerts you hear about.

Let's face it. I would be suprised if there are not false "alerts" all the time. It seems like BS to me in many cases. But, case law is clearly on the side of an alert leading to probable cause. I don't recal a case ever coming down on if a dog "could" have smelled something. Ever.

How in the world would you avoid this situation if you have a small amount of marijuana on you? I am entitled to my privacy and this seems wrong. What should I have done differently?

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The only thing you could have done to not get properly arrested for your crime (besides not committing it) would have been to drive away. That would have forced the police to decide if they had a reasonable suspicion on you or the car and make the call to stop. True, this is where the testi-lie could come in. "I saw the driver make furtive movements to the center console and combined with the fact he appeared to be a person I knew (even though he was wrong) to be a possesor of drugs, I stoped the vehicle to investigate." Or, more.

Once the interaction with the police begins, if you are a criminal, you have problems. Avoid committing crimes. Avoid interaction with the police. Avoid relying on flawed understanding of the law to protect you.

djevans said:

the place was not public, it was privet property. This was not a road side stop. It was done on privet grounds owned by the bar establishment.

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Being on private property does not give you the legal right to possess drugs. Probable cause can allow officers to move onto private property.

if they are allowed to walk a dog around a car, why don't they tow every car a dog alerts? Are they allowed to randomly have dogs walk around cars and alert? And if the dog alerts are they then allowed to tow a car or break the window? let's be reasonable here.

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The use of dogs in this manner has been upheld.

However, notice that they did NOT walk the dog around every car... just yours.

Look at it another way... drug dogs sniff every piece of luggage that moves through an airport. In that case, the passengers have given their permission to be searched in this way as a condition of flying.

The officers told you that they were going to get a dog. Did you not believe them?

I also did nothing illegal in the first place to even be approached and harassed by the cops. They did not pull me over for a moving violation or any other violation. I was simply parked, and got out of my car and was approached.

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You said that the police pulled you over due to your name's resemblance to a wanted person.

Is this not true?

Also the weed was in the center console. It was also in a mason jar. I find it hard to believe that the dog even alerted and the cops were able to search my car in the first place.

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You would be surprised what drug dogs can smell.

Make sure that you tell the nice judge the lengths you went through to hide it, though. They love that.

How in the world would you avoid this situation if you have a small amount of marijuana on you? I am entitled to my privacy and this seems wrong. What should I have done differently?

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The best way to avoid entanglements surrounding illegal drugs is to stop using them.

There isn't a good way to state "here is what you do to never be arrested again." If you decide to break the law on a daily basis, eventually the odds will come down against you.