Arrest, Search, Seizure, Warrant search

[unknown1988]

My jurisdiction is: NJ

I was in my friends car at a shopping mall parking lot searching for my keys inside of her car. A police officer pulls up and asks if we were smoking pot and we said no. He breifly searched the vehicle and found nothing. The car did not even smell like marijuana smoke. He found old, wet and run over guts (the tobacco inside of cigars that are used in the use of marijuana). The officer assumed it was ours and performed a complete search of the vehicle and found Marijuana. Everyone was placed under arrest after finding the drugs. Was this search in any way, shape, or form an Illegal one?

 

[CdwJava]

I was in my friends car at a shopping mall parking lot searching for my keys inside of her car. A police officer pulls up and asks if we were smoking pot and we said no. He breifly searched the vehicle and found nothing. The car did not even smell like marijuana smoke.

So you think ... but, if anyone had been smoking dope inside the car at any time in recent weeks, or anyone had been smoking dope at all (so that it might get on their clothes, purse or backpack), it is very likely that the odor was present. Those of us who do not smoke it can smell it quite easily.

He found old, wet and run over guts (the tobacco inside of cigars that are used in the use of marijuana). The officer assumed it was ours and performed a complete search of the vehicle and found Marijuana. Everyone was placed under arrest after finding the drugs. Was this search in any way, shape, or form an Illegal one?

The test to determine whether a search is valid require an evaluation of the totality of the circumstances. We cannot make such an evaluation without knowing the officer's justification. if the officer says they searched the car onl because you looked like potheads, the search will likely be bad. if the officer said he searched because he smelled marijuana dn/or one or more of you looked stoned, then the search will likely be good.

You might want to consider consulting an attorney. Plus, you might want to consider keeping your dope hidden at home int he basement and not in a car.

- Carl