Car Search Found Marijuana After a Traffic Stop

I was pulled over because I crossed the center line on a back country road. It was late and there were no other cars on the road and I was jamming to a good song, I knew there was a cop behind me so I was trying to drive my best and ended up crossing the center line and got pulled over and gave her my ID but didn't have my insurance card on me but did have insurance...She went back to her car, came back a few minutes after and had my ticket and stuff and I was smoking a cigarette and she had me put it out and then asked me to step out of my car so I did and we were just standing on the side of the road and she was explaining the ticket she gave me for no proof of insurance and the warning for crossing the center line and all of sudden she shined her flashlight on my shirt and said "That's weed on your shirt are you high" and I truthfully wasn't high, granted I did smoke about 8 hours prior to that, but I wasn't high and she never collected whatever it is she said she saw on my shirt (I didn't see anything) and she said it was weed and accused me of being high so I offered to do a field sobriety test and she even told me I passed it with flying colors and by the time that was done other officers were there and she asked if there was anything illegal in my car because she was going to search my car and I know my rights, she had no probable cause to search it so I told her "No you're not searching my car, I do not give consent to a search" and she responded, word for word, "oh yes I can" and went on to find a bag of weed, and a pipe that had been half smoked so she said I was high and arrested me for a OWI and took me in for blood work and all that. She said they will be able to tell by an active chemical that only stays in your blood for 24 hours when you smoke weed so if it was present, that means I am high but I smoked earlier that day..so I plead not guilty because my lawyer said I legally never should've gotten out of the vehicle and that she had no right to search my vehicle because her probable cause was this supposed piece of weed on my shirt but she never collected or tested it and I really don't think it was weed.. and now they're offering me a deal to have me plead guilty on the OWI and drop all other charges..I have a public defender but I guess she's out of town so when I went there to go over the deal they were offering me, it was a different lawyer who knew nothing about my case and when I asked her if I should take the deal or not, her only advice really was "it's a good deal" .........so I don't know if I should take the deal or keep fighting it...I don't want to have any drug charges on my record and a lot of people have OWI's and an OWI won't effect me getting a job in my field of study but drug charges will get me kicked out of school and I will probably have a difficult time finding a job with a possession fine....but I really wasn't high and I don't want to plead guilty for something that is inaccurate and have an OWI on my record....I have a clean record and have only ever gotten one traffic violation ticket and I want it to stay that way. Anyone have any advice as to what I should do? Take their deal, or keep fighting it? I want to fight it but I'm just scared that if I lose, then I'm stuck with all charges when I could take their deal and have no drug charges but then again, I feel like I have a good chance at beating it because I was not operating while intoxicated and I passed the field sobriety test and told the police officer she cannot search my vehicle. I read the police report and she never said anything in there about being able to smell weed but my lawyer said that she could lie and say she smelled it and that's why she searched my car and it would be her word over mine for the illegal search and seizure....and she was very unprofessional. When I was in the back of her cop car, she was texting and told me her boyfriend texted her and how excited she was before she texted him back. I know that's irrelevant but I just thought I would throw that in there. Also, my lawyer said that this was the first arrest the police officer made and that she had only recently became a police officer. My dad is a well known criminal attorney so I have a decent bit of knowledge as to what my rights are and I really feel like she illegally searched my vehicle. I know I should just ask my dad for advice, however, I really do not want him to find out about this. I'm pretty embarrassed about the entire situation and would really rather my family not know and I could really use some advice and/or suggestions. Like I said, I really don't want those drug charges on my record. I am in college and on my way to medical school and if I have a drug charge on my record, I will get kicked out of school and not be able to get into med school or find a decent job..

Thanks to anyone who took the time to read this.

Does smoking pot cause you to be overly verbose?

its kind of dumb to claim you are worried about getting caught with dope due to your dreams of where life may take you since you are obviously aware of the ramifications of getting caught with dope yet you decided to partake none the less.

as to your actual questions: nobody here can give you the odds of winning a suppression hearing. That is something you should be speaking with your attorney about.

Chances are the officer smelled the odor of marijuana when she contacted you. If so, that likely provided the probable cause necessary to conduct a search. Those who smoke marijuana seem to forget that for those of who don't, it reeks. The odor is pungent, distinctive, and lingers on clothing hair and skin for a very long time. Even if in a baggy in the car, it can often be smelled.

You should speak with a defense attorney, though I suspect a plea deal may be in your future.

Yes, I did decide to partake. Are you aware of the medicinal benefits of marijuana opposed to pharmaceuticals? I do not think marijuana should be illegal at all. I don't smoke "dope" because I want to get ****ed up like one does when they drink alcohol. I find it has greater medicinal value than any medication I have been on and would rather ingest something that is natural and has less side effects than pretty much any pharmaceutical. So hell yes I partake and sure, I am aware of the ramifications. But I am from Colorado where my doctor prescribed it but am in college in a different state. I don't feel I did anything wrong nor is it dumb to be worried about my future career. At least I have one. What do you do for a living? I did not ask for the odds of winning, as I know nobody can tell me that. I asked for advice on whether or not to take a deal. I may be rather verbose, but at least I am not some dumbass with nothing better to do than play around on forums, judging people and posting irrelevant "advice"

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That's what I would think, but she never noted anything about the smell in the police report or said anything to me about it so can she really use that as her probable cause? Thank you

[QUOTE=Rothschild;759031]Yes, I did decide to partake.

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Are you aware of the medicinal benefits of marijuana opposed to pharmaceuticals?

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tell that to your college admissions office. I don't think they will care what you want to claim. The fact remains, it is illegal where you are. You made your choice based on a very stupid argument apparently.

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I do not think marijuana should be illegal at all

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and that does what for your charges?

. I don't smoke "dope" because I want to get ****ed up like one does when they drink alcohol. I find it has greater medicinal value than any medication I have been on and would rather ingest something that is natural and has less side effects than pretty much any pharmaceutical.

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So hell yes I partake and sure, I am aware of the ramifications.

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then acccept that you screwed up your life. You made an informed decision so don't wimp out now. Stand tall, be proud of smoking your pot even if if means you get to be a menial worker rather than a doctor.

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But I am from Colorado where my doctor prescribed it but am in college in a different state.

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guess whose laws apply.

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I don't feel I did anything wrong nor is it dumb to be worried about my future career.

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well, then why are you here? As I said, stand tall.

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At least I have one.

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Yes, I agree, I hear McDonalds is hiring in your area.

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What do you do for a living?

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that is relevant why?

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I did not ask for the odds of winning, as I know nobody can tell me that. I asked for advice on whether or not to take a deal.

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then you are asking for odds as to how this is going to affect your life or your chances of winning should you not take the deal./ Does smoking pot also cause a lack of concentration?

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I may be rather verbose, but at least I am not some dumbass with nothing better to do than play around on forums, judging people and posting irrelevant "advice"

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yet you are here asking for that advice. Talk about a dumb ass.

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Quoting Rothschild

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Yes, I did decide to partake. Are you aware of the medicinal benefits of marijuana opposed to pharmaceuticals?

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Yes ... at least the claims. Are you aware of the substantiated risks?

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I do not think marijuana should be illegal at all.

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That's great. But, it doesn't effect your legal situation at all.

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I don't smoke "dope" because I want to get ****ed up like one does when they drink alcohol.

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Yeah, it gets you f'd up in an entirely different way with a different set of long term damage. But, then, you know that, right?

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I find it has greater medicinal value than any medication I have been on and would rather ingest something that is natural and has less side effects than pretty much any pharmaceutical.

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Sorry to hear that you're ill. You are sick, aren't you? Or, do you take it because of hangnails, headaches, elbow pain, or one of the other myriad of excuses I have heard out here in CA?

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So hell yes I partake and sure, I am aware of the ramifications. But I am from Colorado where my doctor prescribed it but am in college in a different state.

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When in Rome ... in other words, you have to follow the laws of the state you are IN, not the laws of the state you are FROM.

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I don't feel I did anything wrong nor is it dumb to be worried about my future career.

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As suggested,m stand proud and make a stand! Rally the forces of NORML to your side and argue why medical professionals, engineers, and others should be allowed to toke up without a fear for their positions! Argue that it is not an impairing substance as you apparently believe!

Ultimately, what you "feel" has no bearing on the legal situation you find yourself in.

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That's what I would think, but she never noted anything about the smell in the police report or said anything to me about it so can she really use that as her probable cause? Thank you

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You'll find out at court. Though, if she didn't articulate that as her probable cause in the report, what DID she articulate as that cause for the search? Or, did she simply write, "I decided I'd illegally search his car ..."

and since you are such a brilliant young person (yes, sarcasm), you missed this:

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My question involves criminal law for the state of:

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some states allow smell as PC, some don't.



and I love this part:

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I told her "No you're not searching my car, I do not give consent to a search"

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I guess you told her. How's that working out for ya?

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and I know my rights,

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Did you tell her that as well? They love it when you tell them that.

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she had no probable cause to search

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in your opinion and if she really didn't, we wouldn't be here since your lawyer would have shot down the search based on lack of PC but yet, here we are, talking about your future at McDonalds.

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That's what I would think, but she never noted anything about the smell in the police report or said anything to me about it so can she really use that as her probable cause?

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maybe, maybe not. The state is relevant and your little brilliant self decided to delete that question rather than answer it when it was posed to you.

[QUOTE=jk;759033]

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Quoting Rothschild

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Yes, I did decide to partake. tell that to your college admissions office. I don't think they will care what you want to claim. The fact remains, it is illegal where you are. You made your choice based on a very stupid argument apparently.


and that does what for your charges?

. I don't smoke "dope" because I want to get ****ed up like one does when they drink alcohol. I find it has greater medicinal value than any medication I have been on and would rather ingest something that is natural and has less side effects than pretty much any pharmaceutical. then acccept that you screwed up your life. You made an informed decision so don't wimp out now. Stand tall, be proud of smoking your pot even if if means you get to be a menial worker rather than a doctor.


guess whose laws apply.


well, then why are you here? As I said, stand tall.

Yes, I agree, I hear McDonalds is hiring in your area.

that is relevant why?

then you are asking for odds as to how this is going to affect your life or your chances of winning should you not take the deal./ Does smoking pot also cause a lack of concentration?


yet you are here asking for that advice. Talk about a dumb ass.

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Seeking advice from others does not make one a dumb ass. I am simply seeking advice on something. Thank you for the advice on McDonalds hiring! Maybe you can put in a good word with your manager! I am done defending myself and I truly hope you find a better hobby. Or a friend. Maybe even both! Have a wonderful day, random online person. Your ignorance has given me a good laugh and I thank you for that. I had some pretty clever things to reply with but then I decided you are too ignorant to even bother having this conversation with.

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I had some pretty clever things to reply

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No...no you didn't. I've read your other posts. You had nothing clever or witty to say. You may have thought it was since you're high but to a sober person, no, nothing clever was coming from you.

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Quoting cdwjava

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Yes ... at least the claims. Are you aware of the substantiated risks?


That's great. But, it doesn't effect your legal situation at all.


Yeah, it gets you f'd up in an entirely different way with a different set of long term damage. But, then, you know that, right?


Sorry to hear that you're ill. You are sick, aren't you? Or, do you take it because of hangnails, headaches, elbow pain, or one of the other myriad of excuses I have heard out here in CA?


When in Rome ... in other words, you have to follow the laws of the state you are IN, not the laws of the state you are FROM.


As suggested,m stand proud and make a stand! Rally the forces of NORML to your side and argue why medical professionals, engineers, and others should be allowed to toke up without a fear for their positions! Argue that it is not an impairing substance as you apparently believe!

Ultimately, what you "feel" has no bearing on the legal situation you find yourself in.


You'll find out at court. Though, if she didn't articulate that as her probable cause in the report, what DID she articulate as that cause for the search? Or, did she simply write, "I decided I'd illegally search his car ..."

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I am aware of everything you mentioned. And as I said, her probable cause was the "weed" on my shirt. And never did I say it is not an impairing substance. Is everybody on here so hostile and rude? I did not come on here seeking Internet arguments. I came on here seeking real advice so if you just want to be assholes, I'm sorry for whatever it is that made you so hostile but that will get you nowhere in life, but please express those feelings elsewhere.

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Quoting jk

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No...no you didn't. I've read your other posts. You had nothing clever or witty to say. You may have thought it was since you're high but to a sober person, no, nothing clever was coming from you.

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Ok. Again, have a nice day and find a hobby.