Okay, so we have established that the officer's detention was based upon reasonable suspicion that the driver made an unsafe lane change or turning movement. Note that "reasonable suspicion" does not mean "certainly guilty" only that the officer had an objective and reasonable belief that an offense was committed.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 driver HAD to show their ID. I presume you volunteered yours?the cop requests both our I.d.s, walks back to his car
Well, the odor of marijuana in a moving vehicle would generally be sufficient probable cause to search a vehicle. Is there a chance that someone else had been using the vehicle any time recently? Were you near people who were smoking it earlier? Marijuana has a distinctive odor and can remain within the interior of the vehicle, on clothing or other objects, and on people for some time.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.
I'm not sure what you are thinking about when you use the term, "DOJ laws." The DOJ doesn't pass laws, they are a law enforcement agency with multiple responsibilities and a part of the Executive branch of the state. But, in general, an officer can conduct a warrantless search if they have both probable cause and an exigency, or, if they have consent. If they smell the odor of marijuana in a moving vehicle, that is generally sufficient to fulfill the requirements.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?
And, if your friend's car smells of marijuana, then she may well be subject to more searches if she gets stopped again.
So, she had her record expunged?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.
Either the officer was guessing and rudely responded to her statement with an outburst that he had intended to cause her to admit to a more recent arrest, or, he ran her local or state criminal history and found the arrest or conviction there. (As a note, it probably would not have been her state criminal history, but a local check - assuming you were stopped in the same county where her arrest and conviction had been - is easy enough.)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?
In the future, she could say that she was arrested 15 years earlier but her record was expunged. Or, she could decline to state anything at all. No law requires her to say whether or not she has been arrested or convicted of anything before.
It's common practice to ASK for everyone's IDs in some situations. I suspect that if you as the passenger was asked for ID the officer thought something else was afoot and it was not simply a traffic stop. Why the officer thought that, I could not venture a guess. It could be the car, the area you were in or had come from, or something else. Or, this particular officer may simply be in the habit of asking for everyone's IDs so he could go fishing (for probation or parole conditions). Or, he smelled marijuana when he first walked up on the car, asked for the IDs to check for probation or parole conditions, and then decided to act anyway. Generally, on a traffic stop in CA, you wouldn't be required to provide ID as a passenger. There are exceptions to that, but at least initially - when you appear to have volunteered your ID - there appeared to be no legal requirement for the officer to have compelled your identification. In fact, other than as a driver in a traffic stop, you are never required to ID yourself during a detention in California.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.