Officer said he smelled marijuana

[pirategirl68]

What is the name of your state? Ca.
While driving on the freeway, my friend was pulled over for allegedly getting to close to a big rig while passing it. Not true, but anyways, She pulls over, the cop requests both our I.d.s, walks back to his car and then comes back and first thing he says is “I smell marijuana, that’s probable cause, step out of the vehicle!”. There was no marijuana in the car, neither of us smoke. Mind you, my friend and I are women in our 50’s, then he and another cop who had showed up started to tear the vehicle apart while looking for drugs. It then dawns on my friend that she had an arrest 15 years ago for drugs, did her time, and has been a law abiding citizen since. My question is; aren’t cops schooled in the D.O.J. laws in which the person who completes the requirements of said law or is she going to have to go through this every time she gets pulled over for a minor traffic infarction? He then asks her if she‘s ever been arrested, she says no because the judge told her after the completion of the D.O.J. that the only time she needs to claim that is if she is applying for employment with local law enforcement or the Ca. State Lottery, which neither one of those apply. So after he calls her a f***ing liar, she reminds him of what the judge told her and he replied, whatever. What would be the proper way to handle this situation in the future so she doesn’t have to suffer the embarrassment of having to have her vehicle searched, etc. and then be called a liar? Her issue is that she did what was required of her by the court and she doesn’t want to have to get into it while her kids are with her should that situation arise again. Also, I thought I didn’t have to provide I.d. if I’m not the one driving. We were not nor were we suspected of committing any crime, so what did I have to do with anything? Thank you for any advice in advance, I really do appreciate and respect your replies.

 

[Zigner]

What would be the proper way to handle this situation in the future so she doesn’t have to suffer the embarrassment of having to have her vehicle searched, etc. and then be called a liar?

1: Don't cut off people when passing them.
2: Don't lie.

 

[Just Blue]

What is the name of your state? Ca.
While driving on the freeway, my friend was pulled over for allegedly getting to close to a big rig while passing it. Not true, but anyways, She pulls over, the cop requests both our I.d.s, walks back to his car and then comes back and first thing he says is “I smell marijuana, that’s probable cause, step out of the vehicle!”. There was no marijuana in the car, neither of us smoke. Mind you, my friend and I are women in our 50’s, then he and another cop who had showed up started to tear the vehicle apart while looking for drugs. It then dawns on my friend that she had an arrest 15 years ago for drugs, did her time, and has been a law abiding citizen since. My question is; aren’t cops schooled in the D.O.J. laws in which the person who completes the requirements of said law or is she going to have to go through this every time she gets pulled over for a minor traffic infarction? He then asks her if she‘s ever been arrested, she says no because the judge told her after the completion of the D.O.J. that the only time she needs to claim that is if she is applying for employment with local law enforcement or the Ca. State Lottery, which neither one of those apply. So after he calls her a f***ing liar, she reminds him of what the judge told her and he replied, whatever. What would be the proper way to handle this situation in the future so she doesn’t have to suffer the embarrassment of having to have her vehicle searched, etc. and then be called a liar? Her issue is that she did what was required of her by the court and she doesn’t want to have to get into it while her kids are with her should that situation arise again. Also, I thought I didn’t have to provide I.d. if I’m not the one driving. We were not nor were we suspected of committing any crime, so what did I have to do with anything? Thank you for any advice in advance, I really do appreciate and respect your replies.

Px Hx.

 

[quincy]

Here is a link to the ACLU/Southern California, on your rights if stopped by the police:
https://www.aclusocal.org/en/if-you-are-stopped-police

 

[zddoodah]

aren’t cops schooled in the D.O.J. laws in which the person who completes the requirements of said law or is she going to have to go through this every time she gets pulled over for a minor traffic infarction?

I don't know what your reference to "the D.O.J. laws" means, and we cannot intelligently predict what will or might happen in the event of any future traffic stops.

What would be the proper way to handle this situation in the future so she doesn’t have to suffer the embarrassment of having to have her vehicle searched, etc. and then be called a liar?

"This situation" being if a cop ever asks her if she's been arrested? If I were in her shoes, and assuming it was not a situation where I thought I should exercise my right to remain silent, I'd say something like, "yeah, once, a long time ago."

Also, I thought I didn’t have to provide I.d. if I’m not the one driving. We were not nor were we suspected of committing any crime, so what did I have to do with anything?

You probably were under no legal obligation to provide your ID, but that doesn't mean the cop couldn't ASK you to do it.

 

[Zigner]

You probably were under no legal obligation to provide your ID, but that doesn't mean the cop couldn't ASK you to do it.

I'm not disagreeing - just pointing out that the cop did claim to have smelled marajuana. Would that make a difference about the obligation to provide id?

 

[quincy]

You can report an officer to his department head if you believe the officer acted unreasonably or outside the law - but if an officer in California asks to see identification (whether you are the driver or the passenger), you should provide this. It is not legally required that you do but it can help you avoid arrest under some circumstances.

 

[Taxing Matters]

I'm not disagreeing - just pointing out that the cop did claim to have smelled marajuana. Would that make a difference about the obligation to provide id?

No, it would not. What makes a difference in California is whether the suspect is arrested. Even then actual ID (like a driver's license) is not required. But once arrested the arrested person does have to identify himself/herself when asked by officers to do so.

This assumes, of course, that the person is not on probation or parole.

 

[zddoodah]

I'm not disagreeing - just pointing out that the cop did claim to have smelled marajuana. Would that make a difference about the obligation to provide id?

In addition to what "Taxing Matters" wrote, it's not clear from the original post whether the officer smelled the non-existent marijuana before or after asking for ID.

 

[LdiJ]

In addition to what "Taxing Matters" wrote, it's not clear from the original post whether the officer smelled the non-existent marijuana before or after asking for ID.

Considering that he took the IDs back to his car and did not mention smelling marijuana until he returned, it certainly leans towards the cop making up the "I smell marijuana" to have an excuse to search the car.

 

[xylene]

Isn't marijuana legal in California? How does the odor alone of legal conduct form PC to search?

 

[quincy]

In addition to what "Taxing Matters" wrote, it's not clear from the original post whether the officer smelled the non-existent marijuana before or after asking for ID.

That really doesn’t matter. As a passenger in the car, Pirategirl does not have to provide her ID unless arrested.

If the driver or passenger has a medical marijuana card, that might excuse the smell of marijuana but would not excuse driving under the influence of marijuana or possessing more than allowed under the law.

Here is a link to California’s marijuana laws:
https://www.canorml.org/california-laws/california-cannabis-laws/

 

[Zigner]

Isn't marijuana legal in California? How does the odor alone of legal conduct form PC to search?

It's not legal in these circumstances.

 

[Taxing Matters]

Isn't marijuana legal in California? How does the odor alone of legal conduct form PC to search?

Just from the description of the stop given by pirategirl68 the search was not valid if there was no consent. So had the search turned up drugs and someone was arrested and charged for those drugs the person charged might well succeed in getting the results of the search suppressed.

 

[xylene]

It's not legal in these circumstances.

Could you clarify that?