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  1. #1
    Join Date
    Sep 2010
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    2

    Default Reasonable Suspicion for Search and Seizure of a Backpack

    My question involves police conduct in the State of: Minnesota

    Hello, I was arrested for smoking marijuana with four friends. We complied with officers, came to their car, but when the officer went to search my backpack, I told him I didn't consent to any searches. I had nothing on me, but had a small amount of marijuana and paraphernalia in my bag. The officer said he was gonna ignore me and search my bag anyway because he had probable cause. What evidence does a policeman need for probable cause? As of now, it is simply his word saying "he saw me smoking" even though the shined a flashlight on us after we were done, and there was nothing visible in our hands when the light came on. Further, he was more than 20 feet away at the time, and said he could tell "we were smoking weed".

    What can I do?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Reasonable Suspicion for Search and Seizure

    You can hire a lawyer, who can attempt to prove an officer cannot smell weed from 20 feet away. He won't likely succeed.

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Reasonable Suspicion for Search and Seizure

    Quote Quoting crua71
    View Post
    My question involves police conduct in the State of: Minnesota

    Hello, I was arrested for smoking marijuana with four friends. We complied with officers, came to their car, but when the officer went to search my backpack, I told him I didn't consent to any searches.
    You were under arrest. A search of your backpack is lawful as it was incident to your arrest - your consent was not necessary.

    The officer said he was gonna ignore me and search my bag anyway because he had probable cause.
    That and the arrest were more than he needed to search the backpack.

    What evidence does a policeman need for probable cause?
    Let's see ... you were under arrest, you had been smoking marijuana, it is reasonable to assume that additional marijuana or paraphernalia might be contained on your person or among your immediate possessions ... hmmm ... need I go on?

    As of now, it is simply his word saying "he saw me smoking" even though the shined a flashlight on us after we were done, and there was nothing visible in our hands when the light came on. Further, he was more than 20 feet away at the time, and said he could tell "we were smoking weed".
    You do understand that marijuana reeks, right?

    Consult legal counsel. I suspect that diversion might be available if this is a first offense. You can take the opportunity to get clean, get counseling, and hopefully straighten up your life before things get worse.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Reasonable Suspicion for Search and Seizure of a Backpack

    Quote Quoting crua71
    View Post
    As of now, it is simply his word saying "he saw me smoking" even though the shined a flashlight on us after we were done, and there was nothing visible in our hands when the light came on. Further, he was more than 20 feet away at the time, and said he could tell "we were smoking weed".
    Wow…more than 20 feet? You mean like from all the way across the length of the living room of an average apartment? That cop must have eagle eyes!

    It never ceases to amaze me that people smoking weed never think anyone around knows what they are doing. The cop could likely smell the very distinctive odor of the weed from 50 YARDS away, let alone 20 feet. Even without the aid of a flashlight, the cop could likely also clearly see the shape of people in the darkness and the cherry on your blunt showed like a beacon in the night! So what that you had already dropped or stashed the roach when the flashlight came on? (maybe because YOU saw the COP approaching, just like he could see you???) You were already busted before the flashlight ever came on!

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