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  1. #1
    Join Date
    Jan 2011
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    3

    Default 17 Year Old Pulled Over and Searched for Marijuana

    My question involves criminal law for the state of: New Jersey

    I'm 17 years old and I was driving through an unfamiliar town one day and I guess a car saw my friends rolling a blunt and they decided to call the cops. My friends got to spark the blunt but then lit it out after we realized it was "hot". So I guess it could have smelled like marijuana in the car. The cops came soon enough and pulled me over. I rolled my window down like halfway so the cop wouldn't smell the weed but he did and he said it smelled like weed. He asked me to step out of the car and I did and I told him that I did not consent to any searches. He said that he doesn't need consent because he has probable cause, that he smelled weed. I told him that I didn't smell any weed so I still do not consent to any searches but if you really have probable cause then go ahead and search. So they did, they took me and my friends out of the car and searched all of us 1 by 1. I denied having anything on me and I didn't and I denied having anything in my car. It was me and 5 other friends in my car. 3 of us are 17, 2 are 16, and the other is 18. Eventually one of my friends cracked and they found the blunt. I'm not exactly sure whether my friend had it on him and he gave it to the cop or if he threw it in my car and then told him where it was. Either way they had found a blunt. At the end they let all 5 of my friends go and they said I was the only one being charged because I had not "cooperated" because I was denying that I had weed on me or in my car. They told me that I would have to go to court and that my license would be taken away for a year or 2. But for some reason they didn't give me a ticket, a summons, or any paperwork like that. They just took down our names, addresses, and home phone numbers and let us go. But I was thinking, possession of marijuana is a crime so if you commit a crime technically you should be arrested on the spot and then taken to the headquarters right? So if I wasn't arrested is it possible that they let me go and they just told me all that to scare me? They told us to tell our parents before they call them in a few days. I'm hoping they said all that to scare us into telling our parents ourselves so we would stop smoking. And that they aren't going to charge me for it. He told me that I would be mailed a letter with a court date. So that's the situation..I'm not sure whether they let us go..or if I really am going to get mailed a letter? This is my first offense and I am a minor..so what's the worst that can happen to me? And will this stay on my record? Should I get a lawyer? Any help will be greatly appreciated..thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 17 Year Old Pulled Over and Searched for Marijuana

    Quote Quoting david21
    View Post
    He asked me to step out of the car and I did and I told him that I did not consent to any searches. He said that he doesn't need consent because he has probable cause, that he smelled weed. I told him that I didn't smell any weed so I still do not consent to any searches but if you really have probable cause then go ahead and search. So they did,
    Just as most officers would.

    Understand that while YOU probably couldn't smell it because your sniffer might be used to the odor, the majority of the non-dope smoking public can pick up on it pretty quickly even if it is a small amount of green in a pocket. The stuff is really rather pungent.

    At the end they let all 5 of my friends go and they said I was the only one being charged because I had not "cooperated" because I was denying that I had weed on me or in my car. They told me that I would have to go to court and that my license would be taken away for a year or 2. But for some reason they didn't give me a ticket, a summons, or any paperwork like that. They just took down our names, addresses, and home phone numbers and let us go. But I was thinking, possession of marijuana is a crime so if you commit a crime technically you should be arrested on the spot and then taken to the headquarters right?
    That depends on the crime. If you are a juvenile, they may have decided it easier to go the long way rather than bust you and call mom and dad. Laws concerning the arrest of juveniles tend to be rather annoying for many beat cops, and babysitting can tie up officers for a long time so many agencies discourage a custodial arrest of juveniles. Though they should have at least contacted mom and dad and turned you over to them ... but, that's their call.

    So if I wasn't arrested is it possible that they let me go and they just told me all that to scare me?
    Anything is possible.

    No one can say what might happen because no charges have been filed yet. If you find out what code section(s) you are charged with, let us know.

    Now then, you have a golden opportunity to get clean, stop smoking dope, and get into the straight and narrow. Next time you might not be so lucky. Learn from this before it becomes something you cannot undo. In other words, time to grow up and become a responsible adult.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: 17 Year Old Pulled Over and Searched for Marijuana

    Thanks for the quick response. I guess I'll just have to wait and see if they really do charge me or not. If they do I'll be sure to find out what code section it is and let you know.

    As for smoking weed I definitely won't be doing that anymore..It is getting close to that time where I need to think more about my future and be more responsible. I believe I got lucky and like you said the next time I may not be as fortunate..Thanks again for the response and if anything happens I'll keep you guys updated.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: 17 Year Old Pulled Over and Searched for Marijuana

    For misdemeanor they can choose to mail a summons to your house if so desired.

  5. #5
    Join Date
    Jan 2011
    Posts
    3

    Default Re: 17 Year Old Pulled Over and Searched for Marijuana

    It's been a week and no calls have been made and I still haven't recieved a letter. I think I got off the hook. But then again a letter can take weeks.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: 17 Year Old Pulled Over and Searched for Marijuana

    They have up to two years to charge you. If it's only been a week I would still be sweating. I would say if you don't receive anything in the mail in the next 90 days, then the officer was just scaring you.

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