Were my rights violated?

[centralcoastbud]

So tonight about 5 minutes after enjoying a smoke with a few childhood friends down on a bridge at the far side of my neighborhood a fuzzball shows up and immediately asks how many of us are over 16. We were all clearly 5-10 years older than 16 so we say "All of us" and he has us walk up some steps and sit on the curb where his lover was waiting in a second cruiser.
Upon questioning which one of us has the marijuana we all say no and so he decides to go one by one and ask each person. Starting with the first of us, he went through the line and asked if he could search us to which we all replied no...I even went as far as saying "I do not consent to a search". He ignored this and said because he could smell marijuana he had the right to search each of us and to continue searching until he found it. After searching the third of us, the fourth pulls out about a gram and says "I have my medical card in my car behind you". The piggy didn't take kindly to not being told originally and takes the weed possessor's car keys and wallet from his pocket and continues to search the last of the group.
After it was clear he was the only one that had pot he went to the car of the medical user (4 of the 5, including myself, are card carrying patients) and asked where his prescription was. He went to get up and the officer told him to sit down and tell him where it was. He said it was in the driver side door pocket and the cop opened the car, didn't find it, and proceeded to pop the trunk. The LEO then loudly said, "are you sure its there I couldn't find it" and started to pop off the inside panels in the trunk of the car. The owner said it must be in the center console to which the cop stopped searching the trunk, opened the center console and found it. He then looked at the prescription, handed back the weed and gave us a small lecture on why he had to be such a dick. (He was afraid we were going to over power him).
All in all a pretty bull shit night. Anything worth doing or should I just be thankful I didn't have to show up in court with my card.


BTW this is in surburban Orange County, a nice area with nothing better for the cops to do but hold twenty something year olds for over an hour because of some pot.

 

[IE2KS_KUSH]

People here are spoiled.
He could have done whatever he wanted and made you sort in out in court. He was kind of a dick, but not really. What was the net result from that encounter? Nothing, good. Back in KS, if this exact situation happened, what happened to you would happend 1 out of maybe 10000 times. OR more likely never, and there would be unpleasant consequences. You got to fuck off and smoke that weed, you're good man call it a day and count your blessings, that could have turned out worse. I have heard leo in Riverside county here say, "there is no MMJ in this county?" So they can be dicks, take everything and make you go to court and fuck w/ you even though you will win. It's a PITA at the very least.
Personally, you should have told him that nobody had the weed because you just smoked it. That's why he smells the smoked weed eh. Then tell him to fuck off.
Don't do any of that actually lol.

 

[bass ackwards]

Yeah the cops can pretty much do as they please,even violate your rights and lock you up. It doesn't matter to them if nobody gets charged or any charges get dropped. They can just say they are doing their job. You are pretty much at their mercy in that situation. Be happy nothing worse,like spending the night in jail,happened. Get all your buddies together and work to change the laws on MJ so this doesn't happen again. That copper could do the same thing to you and your buddies again and again.

Respect bass

 

[Weedman Herb]

This does not sound like the actions of 4 card carrying adults ... this sounds like a bunch of teenagers getting high in public ... quit giving us a bad name and screaming about your rights ...

 

[naturedude]

I have been harassed and searched while playing soccer with friends before at a local public field . They by chance came during a break and felt we were hooligans and the ball was not a sign of us playing soccer at all . After searching us they called us losers for having no drugs or booze and made us leave . I have never had a good experience with the cops . Makes no sense , a guy with no record , never even suspended in school career , and looks like a young professional , but the cops will harrass me . As far as im concerned cops are predators who are usually guilty of assault , harrassment , forcible confinement , uttering threats , theft . They were even rude when I went to get a criminal check for a job . Cops should protect us from violent individuals , but don't . They spend most of there time avoiding violent criminals and violently persuing marijauna . I don't agree with blazin at a bridge ,but have commpassion for your situaton because walking for exercise around my city seems to be probable cause for some pig to touch your balls . My advice admit nothing ever .Chances are there criminal case will fall in court . Be polite always though no matter how criminal there acting .

 

[centralcoastbud]

Thanks for the replies to everyone except weedman herb. You sound like a pig and not a fellow icmagger. It's a plant and if you think its worth the harassment and full body search of four card carrying adults, or even teenagers just trying to get high, we will never win the battle for legalization.

 

[Maj.PotHead]

because he could smell marijuana he had the right to search each of us

this in itself give PoPo probable cause heck all he has to say is he smells it and he can search. throw an empty beer in back on floor board this is open container and probable cause to search

 

[Pythagllio]

Umm, if you had your card why not be upfront and tell the truth? Sure officer, I have medicine right here, and here's my card. I mean WTF, why act like a criminal when you're legal? What's the point in paying for a rec and a card otherwise?

 

[Bluelaw]

Hey, I'm a lawyer (not California), don't take this wrong, but I think you should be happy the cop respected your patient user cards and didn't haul you in. By the way, all a cop has to say is he smelled what he suspected was pot and that gives him probable cause to search you and your car, ie. he doesn't need a warrant. Be glad you live in a state with a medical marijuana law, in my state you (or your friend) would be looking at 6 months

 

[centralcoastbud]

Thanks Expertsetup. To those who asked why I didn't simply state I was a medical user...I was about 50 feet away from my house and had my medical card in my car parked in the driveway. I didn't have any pot on me and wasn't in the mood to drag them to my car and get a surprise search of that as well. None of us acted like criminals, we were all well educated at universities and conducted ourselves in a fine manner.

 

[btown]

because he could smell marijuana he had the right to search each of us

this in itself give PoPo probable cause heck all he has to say is he smells it and he can search. throw an empty beer in back on floor board this is open container and probable cause to search

bingo....

 

[SmokyMtnToker]

The smell ( allegedly ) alone is NOT enough in all situations.

The smell ( allegedly ) alone is NOT enough in all situations.

The question is this: Does the smell of cannabis that has already been smoked give blanket probable cause to search a crowd of people? How many in the crowd? How far away from the smell?If there is a crowd of 100 people and a pig says he smealls a joint, can the pigs just search all 100 people? NO!!

Of course it depends a lot on the state it is in, although federal rules are standard. Here is a few examples from the various states laws:

From Washington state: 29 years of bullshit searches OVER!!
http://stopthedrugwar.org/chronicle/544/washington_supreme_court_car_marijuana_smell_arrest

From the above decision: http://www.springerlink.com/content/xv9l511898561v5q/
"We hold that the smell of marijuana in the general area where an individual is located is insufficient, without more, to support probable cause for arrest. Where no other evidence exists linking the passenger to any criminal activity, an arrest of the passenger on the suspicion of possession of illegal substances, and any subsequent searches, is invalid and an unconstitutional invasion of that individual's right to privacy," the opinion concluded." Being in a car is even LESS of a privacy issue than people standing in public, where the smell could travel.

And:
http://norml.org/index.cfm?Group_ID=6112

And here is SCIENCE that says that cops CANNOT smell marijuana the majority of the time:

http://www.springerlink.com/content/xv9l511898561v5q/

And more:


Odor of marijuana is probable cause, but it has to be directed to a particular person. State v. Guzman, 2008 VT 116, 965 A.2d 544 (2008):

We agree that the odor of marijuana, detected by a trained and experienced police officer, can provide a reasonable basis to believe that marijuana is present. We also agree that the odor alone may not always be sufficient to arrest an individual. The facts of this case, however, fall well within the reasonable standard enunciated by the Wisconsin Supreme Court:

the odor of a controlled substance may provide probable cause to arrest when the odor is unmistakable and may be linked to a specific person or persons because of the particular circumstances in which it is discovered or because other evidence at the scene or elsewhere links the odor to the person or persons.
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State v. Secrist, 589 N.W.2d 387, 394 (Wis. 1999).

So it must be linked to a ' specific person'...and NOT used to conduct a blanket search of anyone and everyone that may be in the general vicinity of the alleged ' smell'.

Utah: http://www.gardenscure.com/420/latest-news/100650-marijuana-smell-not-enough-warrant-probable.html


From a TERRIBLE Virginia Supreme Court decision; one ray of hope:

"While the odor of marijuana provides probable cause to believe that marijuana is present, the presence of marijuana does not of itself authorize the police either to search any place or to arrest any person in the vicinity. Additional factors must be present to localize the presence of marijuana such that its placement will justify either the search or the arrest".

Thats from: http://bulk.resource.org/courts.gov/c/F3/372/372.F3d.653.03-4567.html

Thank God even in TEXAS justice can be had:

http://www.cca.courts.state.tx.us/opinions/102200c.htm

From the above decision:

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime....Crime, even in the privacy of one's own quarters, is, of course, of grave concern to society, and the law allows such crime to be reached on proper showing. The right of officers to thrust themselves into a home is also a grave concern, not only to the individual but to a society which chooses to dwell in reasonable security and freedom from surveillance. When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or government enforcement agent."

I could go on and on but SOME states allow the mere smell to establish probable cause, while others do not. Check state laws and always talk to a lawyer, NEVER the pigs!!



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