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  1. #1

    Default Search of Car and Passengers Due to Alleged Marijuana Smell

    My question involves a traffic accident in the State of: Florida

    Okay, this might be confusing but I'll explain as best as I can.

    My boyfriend and I were on our way to pick up his sister from work, and we stopped to get cigarettes at this gas station on an intersection. It had been raining for about 15 minutes, and would pick up real hard at some points to where you could hardly see out the windows. At the stop sign, we were waiting to cross the street and only saw a line of cars making right hand turns into the plaza, using their signals. We turned and saw a car coming pretty fast down the road (a little too late) and while he tried to stop, he hit us and spun us out where we hit another car. I understand that because of the visability factor, my boyfriend's at fault. But under the weather conditions, I'd consider it hardly safe to be going 50-60 mph down a wet road.

    We call the cops, and they immediately start questioning us (I'm assuming because we are 20 years old and the other drivers were at least 30+) about drinking, smoking marijuana, or anything else. They claimed to have smelled marijuana, and decided to body search my boyfriend as well as check my purse. Coming up empty, they moved onto the car (can't remember if permission was granted, however the cop who spoke to my boyfriend could tell he wasn't under any influence as he even said so) where they found parafinelia such as straws, tubes and tin foil.

    My boyfriend's brother has a record of possession of pain killers as well as other charges. He frequently uses his car, as it was a gift from the father to his three kids. My boyfriend and I both tried telling the police that, but they didn't care. I've realized that what ever is in his car, is in his possession, and he will be charged with. The cop also made me lift my tanktop and 'shake out' my bra in an 'unexposing way' which was extremely difficult to do so. I was told later on a female officer should have done that, but there was none present.

    Did they have reason to search his car especially after searching us, as well as confirming neither of us were on anything?
    Also, is there anything my boyfriend can do since he's been arrested for something that really wasn't his fault but looked so?

  2. #2
    Join Date
    Jan 2006

    Default Re: Was This Legal

    1. they do not have to have a female officer perform the minimally invasive search on you that took place. In fact, they could have done a full on search if the deemed it necessary.

    2. if the stuff was in your vehicle, it is your stuff.

    3. do you expect everybody to slow down to nothing when it is raining. 50 mph is fine as long as people don't pull out in front of you.

    I don't know if they had a reason to search your car or not. When your BF speaks to his attorney, his attorney will likely look into the legality of the search and if it was not proper, move to suppress the evidence.

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