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Trafficking a controlled substance withn 1000 yds school zone

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Kljo228

Junior Member
Kentucky

-While i was walking out to my friends house to retrieve a lighter from my car i walked up to my car and unlocked the door. As soon as i was getting into my car a police car pulled up beside me and asked if the car belonged to me. I told him yes and he asked me for my drivers license. As he gets out of his car i get out of mine and walk towards him and give him my license. He then tells me i smell like marijuana and asks when the last time i had smoked, i told him a few hours ago and his immediate response was can i search your car? Having rights and knowing there was nothing suspicious i told him nicely no he did not have probable cause to search my car that i was minding my own business. He quickly responded with a you smell like marijuana that is probable cause. He searches my car and finds 2 bags of pot which weighed together under an ounce or 28 grams and also found a pair of digital scales and a pipe used to smoke marijuana. At this time i was handcuffed and put into the back of the cop car. After released from jail i look at my citation and found out that the reason the cop pulled up to me was because of previous thefts in the neighborhood that night. The cop never once told me why he was stopping me and he never even asked for registration for my car which was supposedly what was being stolen in the neighborhood that night was vehicles. Now back to the part about him saying i smelt like marijuana. He wrote in the citation that he smelt marijuana coming from my car but he told me i smelt like marijuana never once my car which was why i told him he had no probable cause.... Is there anything possibly where the cop screwed up or any advice on what i should do?
I got charged with trafficking a controlled substance within 1000 yds school zone and also drug paraphernalia
 
Last edited:


Antigone*

Senior Member
Kentucky

-While i was walking out to my friends house to retrieve a lighter from my car i walked up to my car and unlocked the door. As soon as i was getting into my car a police car pulled up beside me and asked if the car belonged to me. I told him yes and he asked me for my drivers license. As he gets out of his car i get out of mine and walk towards him and give him my license. He then tells me i smell like marijuana and asks when the last time i had smoked, i told him a few hours ago and his immediate response was can i search your car? Having rights and knowing there was nothing suspicious i told him nicely no he did not have probable cause to search my car that i was minding my own business. He quickly responded with a you smell like marijuana that is probable cause. He searches my car and finds 2 bags of pot which weighed together under an ounce or 28 grams and also found a pair of digital scales and a pipe used to smoke marijuana. At this time i was handcuffed and put into the back of the cop car. After released from jail i look at my citation and found out that the reason the cop pulled up to me was because of previous thefts in the neighborhood that night. The cop never once told me why he was stopping me and he never even asked for registration for my car which was supposedly what was being stolen in the neighborhood that night was vehicles. Now back to the part about him saying i smelt like marijuana. He wrote in the citation that he smelt marijuana coming from my car but he told me i smelt like marijuana never once my car which was why i told him he had no probable cause.... Is there anything possibly where the cop screwed up or any advice on what i should do?
Retain an attorney and don't speak to anyone but your counsel about this.
 

justalayman

Senior Member
http://162.114.92.72/COA/2005-CA-000468.pdf

It would appear that the smell of MJ is adequate to support a search of a vehicle in Kentucky. Whether you can argue the smell emanated from you and not the vehicle is about the only thing I can see. I suspect it won't be very successful.

The cop did not pull you over so there is no need for reasonable suspicion for that action. He walked up to you and initiated a conversation. He needed no cause to do this. Your rights were to converse with the officer or not. You apparently chose to engage the officer in a conversation. In other words; he didn't need a reason to approach you and speak with you.

The fact you told him you were under the influence of a drug surely didn't help you at all.

any advice on what i should do?
Really?

Ok. Quit carrying pot, especially within 1000 feet of a school.
 

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