• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a police officer do this? Did they do anything illegal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ceckes3

Junior Member
I live in Minnesota Sorry for such a long detailed story. Do I need an attorney to get a marijuana possession/drug paraphernalia ticket off my record? I'm 19, I have a full time job as a safety relive valve technician. Also I take random drug/alcohol screenings regularly. I have a clean record other then a few traffic violations. What happened was I was on my way home late at night very sleepy, almost falling asleep. I decided it would be out of my best interest and the safety of other drivers on the road to pull off. I pulled off the highway and stopped at a Local walmart at about 12:30am I intended to take a quick 20 minute nap but was awaken by a police officer knocking on my window at about 2:30am. I rolled down my window, he asked me what I was doing I told him exactly what I was doing, did not say one lie. He explained my vehicle smelt of marijuana and my eyes we're very red. Which was most Likely do too sleeping two hours with my contacts still in my eyes. He asked me to step out and gave me a sobriety test. My legs we're shaking from feeling so nervous/scared because I had no knowledge of any marijuana in my vehicle. He administered a breathalyzer, I passed with flying colors. After I finished he told me I was under arrest for a DUI, followed by the officer handcuffing me and placing me in the back of the squad car. He never once stated me my Miranda rights. After that I was sitting in the back of the squad car watching them search my whole car including the trunk. I never gave consent to search. Once he came back to the squad car he said I was also getting a possession of marijuana in a motor vehicle and possession of drug paraphernalia. I sat there dumbfounded as he told me this he continued by letting me out of the squad car and giving me the ticket and my phone. He then said "call someone to come pick you up" I asked "why can't I drive my self?" He followed with "common we both know you should not be driving right now" (I was completely sober) A little confused I did what he said and had someone pick me up because I did not want to anger him. What do you think? I'm obviously going to fight this in court. I don't smoke marijuana or use any other substances, besides alcohol on occasions. Did he do anything illegal during this Encounter? Please let me know. I can't have something like this on my record if I still plan to have a good future.


Sincerely, Chris
 
Last edited:


Silverplum

Senior Member
Sorry for such a long detailed story. Do I need an attorney to get a marijuana possession/drug paraphernalia ticket off my record? I'm 19, I have a full time job as a safety relive valve technician. Also I take random drug/alcohol screenings regularly. I have a clean record other then a few traffic violations. What happened was I was on my way home late at night very sleepy, almost falling asleep. I decided it would be out of my best interest and the safety of other drivers on the road to pull off. I pulled off the highway and stopped at a Local walmart at about 12:30am I intended to take a quick 20 minute nap but was awaken by a police officer knocking on my window at about 2:30am. I rolled down my window, he asked me what I was doing I told him exactly what I was doing, did not say one lie. He explained my vehicle smelt of marijuana and my eyes we're very red. Which was most Likely do too sleeping two hours with my contacts still in my eyes. He asked me to step out and gave me a sobriety test. My legs we're shaking from feeling so nervous/scared because I had no knowledge of any marijuana in my vehicle. He administered a breathalyzer, I passed with flying colors. After I finished he told me I was under arrest for a DUI, followed by the officer handcuffing me and placing me in the back of the squad car. He never once stated me my Miranda rights. After that I was sitting in the back of the squad car watching them search my whole car including the trunk. I never gave consent to search. Once he came back to the squad car he said I was also getting a possession of marijuana in a motor vehicle and possession of drug paraphernalia. I sat there dumbfounded as he told me this he continued by letting me out of the squad car and giving me the ticket and my phone. He then said "call someone to come pick you up" I asked "why can't I drive my self?" He followed with "common we both know you should not be driving right now" (I was completely sober) A little confused I did what he said and had someone pick me up because I did not want to anger him. What do you think? I'm obviously going to fight this in court. I don't smoke marijuana or use any other substances, besides alcohol on occasions. Did he do anything illegal during this Encounter? Please let me know. I can't have something like this on my record if I still plan to have a good future.


Sincerely, Chris
Provide the name of your US state, please.
 

FlyingRon

Senior Member
First, you need to tell us what state this occurred in. However the general answer to a question of "Do I need a lawyer?" is yes.

If you were behind the wheel and reeked of marijuana and you had red eyes and were shaky on your feet, there is more than enough probable cause to arrest you. It can rebutted at trial if you were not really under the influence, but the arrest is valid.

Once you are arrested (depending on the state), your car was almost certainly impounded and they can make a cursory contents inventory even without warrant or consent.

Miranda is only required prior to questioning you in custody. Despite what you see on TV shows, it's not necessary to read you your rights as soon as you are arrested, nor is the failure (even if they do question you) a get out of jail free card.

I don't see anything on the face that is illegal about his conduct. It's possible that you may have a defense to the charges in court.

Yes, you do need a lawyer.
 

Ceckes3

Junior Member
First, you need to tell us what state this occurred in. However the general answer to a question of "Do I need a lawyer?" is yes.

If you were behind the wheel and reeked of marijuana and you had red eyes and were shaky on your feet, there is more than enough probable cause to arrest you. It can rebutted at trial if you were not really under the influence, but the arrest is valid.

Once you are arrested (depending on the state), your car was almost certainly impounded and they can make a cursory contents inventory even without warrant or consent.

Miranda is only required prior to questioning you in custody. Despite what you see on TV shows, it's not necessary to read you your rights as soon as you are arrested, nor is the failure (even if they do question you) a get out of jail free card.

I don't see anything on the face that is illegal about his conduct. It's possible that you may have a defense to the charges in court.

Yes, you do need a lawyer.
my car was not impounded they left it in the walmart parking lot and told me to pick it up in the morning I live in Minnesota. And I was not driving I was sleeping. Which is a completely legal thing to do at any walmart
 
Last edited:

Silverplum

Senior Member
my car was not impounded they left it in the walmart parking lot and told me to pick it up in the morning I live in Minnesota. And I was not driving I was sleeping. Which is a completely legal thing to do at any walmart
Where were your car keys?
Were you in the back seat? Or where in the vehicle?
 
Last edited:

Ceckes3

Junior Member
Where were your car keys?
Were you in the back seat? Or where in the vehicle?
I was in the driver seat, car running. I didn't think I was doing anything wrong since I was completely sober and I had no idea I had marijuana In my car. They did not show me anything just handed me the ticket. I still have no idea how it got there since I have only used marijuana once when I was 15 years old.
 

Silverplum

Senior Member
I was in the driver seat, car running. I didn't think I was doing anything wrong since I was completely sober and I had no idea I had marijuana In my car. They did not show me anything just handed me the ticket. I still have no idea how it got there since I have only used marijuana once when I was 15 years old.
You really, really need to hire an attorney.

Good luck to you. :)
 

tranquility

Senior Member
A person who is accused of a crime needs a lawyer. If the crime has a potential impact on his employment, he really, really needs a lawyer. If the facts are not obvious and there may be defenses, lawyer x 3.

Just out of curiosity, where was the marijuana and paraphernalia found? (Trunk or passenger compartment.)
 

Ceckes3

Junior Member
A person who is accused of a crime needs a lawyer. If the crime has a potential impact on his employment, he really, really needs a lawyer. If the facts are not obvious and there may be defenses, lawyer x 3.

Just out of curiosity, where was the marijuana and paraphernalia found? (Trunk or passenger compartment.)
see that's the thing I have no idea he never told me. I had no idea it was there. so I'm guessing back seat somewhere. there's no way it was In the glove box, center counsel or trunk because I use thoughs spots regularly so I would have seen it and threw it right in the trash and I plan on getting a lawyer do you think there is anyway out of this? Since I was completely sober and have records of all my random drug tests for work which I get 1-3 drug tests every month
 

quincy

Senior Member
... and I plan on getting a lawyer do you think there is anyway out of this? Since I was completely sober and have records of all my random drug tests for work which I get 1-3 drug tests every month
Your questions are best reserved for the attorney you hire. It appears you have some defenses. Whether they will fly in court, however, is anyone's guess.
 

LdiJ

Senior Member
Your questions are best reserved for the attorney you hire. It appears you have some defenses. Whether they will fly in court, however, is anyone's guess.
Seriously, get an attorney. You really do have some defenses.
 

Ladyback1

Senior Member
I was in the driver seat, car running. I didn't think I was doing anything wrong since I was completely sober and I had no idea I had marijuana In my car. They did not show me anything just handed me the ticket. I still have no idea how it got there since I have only used marijuana once when I was 15 years old.

the car was actually running for 2.5 hours (while you slept)? That's insane
 

CdwJava

Senior Member
A running vehicle with a driver passed out (asleep, unconscious, or whatever) is enough to warrant a detention. Combine this with the odor of marijuana, and you have reasonable suspicion to detain for a DUI investigation, and in most states (probably MN, too) probable cause for a search for more.

Yes, consult that attorney for your options.

Who was using your car and left the marijuana in it? Maybe you oughta keep people from using you car!
 

CavemanLawyer

Senior Member
A person asleep that late at night in a running vehicle could be considered suspicious and warrant an involuntary detention of you, but it could also just be considered a brief welfare check to ensure that you are not in medical distress. Either way it sounds like the officer developed probable cause for a search of the entire vehicle immediately when you rolled down the window and he smelled the marijuana. Not only would I say the officer acted within the law, I'd say he cut you a few breaks. I'd imagine he just as easily could have arrested you instead of writing the tickets, and impounded your vehicle instead of letting you pick it up the next morning.

According to your description the officer verbally noted the odor of marijuana in the vehicle before he found it. It sounds like he was dead on and that can make it hard for a jury to believe that you didn't know it was there. If the officer could smell it why couldn't you? I'm just playing out the argument.... If you truly did not know the marijuana was there then I would have to assume it had not been there all that long. Rack your brain and find out who might have left it there. Find out how good a friend they are and see if they will truthfully write an affidavit admitting ownership and that you had no knowledge it was there.

The DUI is another issue but it sounds like they believed the intoxication was only due to marijuana and no chemical test was done. Depending on how you look on the in-car video (I assume one may exist) it might be a defensible case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top