My question involves criminal law for the state of: DC.
This has become a "hot" topic of discussion within my department. It seems to be a bit of confusion about legal rights between searching a person based on "plain smell" while sitting @ park bench or during a traffic stop. Here are the facts:
1.- 2 male Officers on foot patrol
2.- smell strong odor of what appear to be Marihuana (MJ) - (cant confirm until we test it).
3.- suspects - 1 male + 1 female.
4.- male has a lighter on his hand and some small green leaves on his shirt at chest level
5.- both were acting very nervous, specially female
6.- female was on parole
7.- They were the ONLY 2 pp on the park at 2.30am
Q: Was there enough PC to search the female since male companion didnt have any marihuana on his possession?
** officers called for a female officer to search female suspect and CSS to test drugs (we dont carry kit with us during foot patrol). A female supervisor responded to location and cancel request for CSS and S.O.W (send free) individuals - no further police action was taken.
Any comments and suggestions pertaining to this incident will be greatly appreciate it