Pulled over & searched - "reasonable suspicion"?

[augentier]

At 2:30 this morning SWIM and friends were pulled over in a small town after driving around out in the country blazing. They had rolled down all the windows and had been airing the car out for probably 15-20 minutes before being pulled over. They were lost in this town and ended up driving in a circle, which I guess prompted the cop to come after them?

The cop came up to the driver and said "What is going ON??" Never gave any reason for pulling them over. They told him they were lost, and needed directions to get out of the town. The cop then made the driver step out and asked her if she had been drinking alcohol, smoking marijuana, or taking any narcotics..of course she said no. He then made SWIM and the two others step out of the car and checked pockets, etc. He then searched the car. SWIM hid her weed & pipe in her bra & waist of jeans, and there was a pill bottle full of weed in the car. He found it, but didn't look at it, tried to open it and couldnt so he put it back.

Question: Did he have the right to search the car just because he saw them driving through town late at night? He said he smelled marijuana and that he knows they were all smoking and said "If you already smoked, that's fine, but tell me, WHO HAS IT?"

I think he didn't have a right to search SWIM & her friends and the car but is this where the whole reasonable suspicion comes into play? They had aired out the car but maybe the smell was still detectable to someone who wasn't "immune" to it so to speak..

[old hippie 56]

Sounds like a bored small town cop, he was just checking ya'll out. A non-smoker can smell smoke no matter how well masked.

[Police Officer]

Originally Posted by old hippie 56

Sounds like a bored small town cop, he was just checking ya'll out. A non-smoker can smell smoke no matter how well masked.

Sorry to post back to back, but I just remembered this post. Two weeks ago I was following behind this car. We both slowed down to a red light. I smelled the weed in his car in my car. Not trying to make yall paranoid, but yall should be paranoid. lol

Good post Hippie.

[radiometer]

Why did the cop get access to search the car in the first place? Did SWIY consent to a search? If so, why?

Busted: The Citizens Guide to Surviving Police Encounters

SWIY needs to watch this video, narrated by a former head of the ACLU, before his next encounter with the police.

[augentier]

Radiometer, that's what I'm wondering...he just told SWIM and the others to get out and told them he was going to search them.SWIM said she did not consent to a search, nobody did..but if they refused, that would have made them think they were all hiding something..

[Police Officer]

That is probably one of the silliest things I have ever watched. Good thing we have lots of things in our repoitoir to counter. Sure you have rights. But, you dont have the right to act like a criminal, be a criminal, possess illegal narcotics. The law is built for the citizens. Its not built for the criminals (most of the time).

Walk out of your car and lock it. You will read about that later in the report at your preliminary hearing. Is that out of the ordinary? Would a Police Officer think that its out of the ordinary? Would a Jury? Would that combined with several other things be reasonable suspicion? You be the judge.

Are you entitled to look at the trunk of your car? Sure you are. You can stare at it all day long. Look at it from close, far, sideways, any way you want. But when you get stopped and you keep looking at it, and your car smells like weed and we dont find any weed in the car, would that be part of reasonable suspicion? Would you call for a dog after you seen someone act like that? You be the judge.

As far as the cop not opening the pill bottle or not being thorough, well ok. I know I'm not like that. I guess keep driving around hope its a lazy Cop that pulls you over. Do you feel like a good/responsible/adult type of person when you have to hide things in your bra not to get arrested? You be the judge.

[manda]

If they are a cop, they could probably get away with ass-raping you, also!!! When will people realize this and realize we have no rights a cop cannot violate?

[Toltec]

its your right to, not give consent to search. If they search your car with out your consent. Its an illegal search!.

They'l try and full you into a search. Or get you to admit to something they think you may or may not be doing.. The Law is just a game of words.

I always lock my privet property Ie my car. Gets them pist off every time.
Cheers