I feel harassed

[sullyer]

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

I'm from a small town, back there for summer, had some fun and joyful interactions with cops in the past (approx 3 years ago). I've been here for 3 weeks and my car has been searched twice for drugs. First time cop says I didn't make a complete stop at stop sign (which I dispute), then he said car smells like weed. Second time we were outside a bar and a cop stuck his head in to ask what we were doing and then he says - can you guess? oooh smells like weed.
The car does not smell like weed.
The car is clean. The car has air freshener. The car has not had pot smoked in it. The cops hold grudges apparently.
They're very pushy about these searches and the terrible things that will happen if you resist.

What can you do in this situation? This is just my word vs them - if I complain how can I even prove the car didn't smell like weed? Them stating this gives them probable cause (or is it reasonable suspicion?) to search, doesn't it? So where does a regular citizen stand?
I mean they're not going to find any drugs in the car so it's kind of funny - but also frustrating. There must be something better for the cops to do...

 

[I'mTheFather]

Is it possible that you smell like weed?

 

[OHRoadwarrior]

I suggest you move to a city that appreciates you as a resident.

 

[sullyer]

Well I haven't smoked weed in about 2 1/2 years and I've showered (at least) several times since and have changed clothes...so I don't think so.
And I also don't use any Marijuana scented deodorants.

 

[sullyer]

I suggest you move to a city that appreciates you as a resident.

This is only temporary. But it feels like it's going to be a long summer...And I may struggle to not make fun of the cops.

 

[OHRoadwarrior]

This is only temporary. But it feels like it's going to be a long summer...And I may struggle to not make fun of the cops.

It seems your humor has paved the road in a direction you did not foresee.

 

[sullyer]

It seems your humor has paved the road in a direction you did not foresee.

Evidently. I assumed they wouldn't care 3 years later.

Actually, that's a lie. I didn't think that far into the future. But 2 months ago I did assume they wouldn't care about 3 years in the past.

 

[OHRoadwarrior]

Evidently. I assumed they wouldn't care 3 years later.

Actually, that's a lie. I didn't think that far into the future. But 2 months ago I did assume they wouldn't care about 3 years in the past.

ROFL. If it clarifies anything for you, I have never been arrested, however, my reputation made an impression significant enough that 10 years out of school an unruly girlfriend dispute, resulted in the mobilization of backup units simply due to the mention of my name over the police radio. A friend happened to be listening to her scanner and called me to find out what was going on.

 

[CdwJava]

You can decline consent to search if you choose. They can then push the issue if they have sufficient probable cause and an exigency. Or, they can let you go.

Perhaps you are hanging out with people that are still very well known to the local police and that - coupled with your past - makes you a target.

Working in a small town police department myself, I can say that we do remember our problem children when they come back to visit. And most of the time they hang with their old pals when they do come back to visit and that just brings back all sorts of fun, old memories.

If you are clean, eventually they will get bored of contacting you and asking to search.

 

[justalayman]

do your friends smoke pot?


from what I have been reading, it would seem California does not allow a smell alone as probable cause. Stick around. If cdwjava catches this, he would be the best source of the current standing of the situation in California.





so, once you had the claim of smell, what happened? How did it end up he was searching your car?

 

[sullyer]

ROFL. If it clarifies anything for you, I have never been arrested, however, my reputation made an impression significant enough that 10 years out of school an unruly girlfriend dispute, resulted in the mobilization of backup units simply due to the mention of my name over the police radio. A friend happened to be listening to her scanner and called me to find out what was going on.

lol, oh good, so there's potentially more to look forward to. I never got to meet the guys from SWAT.

I feel like I'm in a pretty good place with my attitude...today. Alright, whatever, I have nothing, I cooperated with them - well they'd gone past even asking me for my cooperation both times. Maybe they are just so happy to see me that they're going to phuck with me for a while - will they get tired of it?? Does that take less than 'a summer'?

 

[CdwJava]

from what I have been reading, it would seem California does not allow a smell alone as probable cause. Stick around. If cdwjava catches this, he would be the best source of the current standing of the situation in California.

The odor of marijuana from inside can - and often IS - sufficient to justify a search of a vehicle.

 

[sullyer]

Perhaps you are hanging out with people that are still very well known to the local police and that - coupled with your past - makes you a target.

Working in a small town police department myself, I can say that we do remember our problem children when they come back to visit. And most of the time they hang with their old pals when they do come back to visit and that just brings back all sorts of fun, old memories.

...admittedly the boys are back in town. I can imagine the deja-vu for them...
But none of us are 'still very well known to local police'. And nobody is a pot smoker still. I agree that weed has a very distinctive smell. Noone has climbed in my car smelling like weed.
What is "an exigency" in this case?

so, once you had the claim of smell, what happened? How did it end up he was searching your car?

Well the cops just sort of said they were searching...I didn't feel in a position to decline.

The odor of marijuana from inside can - and often IS - sufficient to justify a search of a vehicle.

"can" and "often" - under what circumstances?

 

[justalayman]

The odor of marijuana from inside can - and often IS - sufficient to justify a search of a vehicle.

I'll give you that. Misread a couple things but...

the cop stuck his head into the car, right?



[

5] Our reliance on Gale for the proposition that an odor of marijuana may establish probable cause to believe that contraband is present does not relate to other issues in Gale. Three justices dissented on the ground that police officers had made an illegal entry into the vehicle itself (see dissenting opn. of Mosk, J., joined by Tobriner, J. and Sullivan, J., 9 Cal.3d at p. 799) and once inside the car were not legally entitled to rely on their sense of smell to ferret out the contraband. On the other hand, in the instant case the strong odor of marijuana was detected prior to the entry into the car and probable cause was established without any question of previous infringement of defendants' rights. There was no dissent in Gale on the proposition for which it is quoted herein, that probable cause to believe contraband is present may be grounded upon the detection of the distinctive odor of marijuana.

the intrusion into the vehicle prior to the detection of the marijuana smell is an unlawful search, right?. Unless the cop can claim he smelled the MJ prior to that action, why would that not be an illegal search?


has there been any activity regarding the smell as PC since the allowance of medical MJ? It would seem that since it is lawful in many situations, the smell alone is no longer indicative of a crime.

 

[sullyer]

I'll give you that. Misread a couple things but...

the cop stuck his head into the car, right?



[

the intrusion into the vehicle prior to the detection of the marijuana smell is an unlawful search, right?. Unless the cop can claim he smelled the MJ prior to that action, why would that not be an illegal search?


has there been any activity regarding the smell as PC since the allowance of medical MJ? It would seem that since it is lawful in many situations, the smell alone is no longer indicative of a crime.

Interesting.

He walked up on the car, passenger side, window was down, leaned down to look in the car and asked what we were up to and if I'd been drinking tonight. Then he told us how the car smelled like weed and so he could now search it.