Do I have a case for an illegal search of my vehicle?

Kenneth C

If the officer truly smelled marijuana, then the search is legal. Courts have ruled many times that smell is probable cause. Maybe he was mistaken, maybe a neighbor was smoking weed and he caught a wiff. Maybe you aren't telling the whole truth, someone has been toking in your car and the officers just didn't find the weed, or maybe the officers didn't smell anything and did violate the 4th amendment. If you truly feel you have been wronged, fill a complaint.

I'm not sure what sort of "case" you have other then that. In order to sue, you have to be able to prove damages.

As for the bazookas. Just a stupid thing they teach you to say in the academy. I personally prefer to be more direct, however it does cut tension. Not racial and I'm sure you could pull the tapes and see that the officer said that to 10,000 non middle eastern people before you.

Dragnet

Well
#1 you were probably reported by a neighbor who said who is that outside my house, they called the police.
#2 The officer may have been fishing when he said you smokin' weed. you said no but at that time the officer I feel overstepped his bounds, he is not allowed to assume you are guilty.
He doesn't need a warrant or or consent if he "feels" you are being evasive. He established probable cause per the book by saying I smell weed. and you were stuck. Not a nice guy.
NOW what you can do is scream profiling, as you stated you are of mid eastern descent, I do see this in my Dept. if a policeman feels the need to jack with you he can. this is not Illegal search this is profiling just because you are not of American Descent doesn't mean you are a terrorist. You have every right for a review of the stop and since you were not charged with anything, he was called off his stool at the donut shop and said I am gonna make these kids sorry they woke me up.
As a 30 year and ready for retirement Detective. I would say file a profiling charge against the officer, someone needs to remind him that you are innocent until proven guilty. You were very smart that you knew you were clean and kept your cool. Now it is your turn to fire back.
For all he knows he was outside the car and a passing car may have had 3 dudes tokin' in it and he caught a whif of that. You have the right. Go ahead.

Steven C

First of all asking if you have any "Guns,knives or bazookas" is a way for us to see how you react to the question. It wasn't asked because you are middle eastern. Most people don't sit in their car at the end of the street for no reason and most of the time it makes the person being asked laugh a bit when asked that. If I smell WEED in a car it does give me just cause to search a car or truck. If you say no I just cuff you and wait for a K-9 unit to show up to do an exterior search if the dog hits on anything I go in elbow deep to find the dope. So YES he or she had every right to search your friend's car.

Crazy lady

NOPE

odysseus1959

Just be thank-full that it was done in AMERICA. In most middle eastern countries you would have just been shot.

murse dan

They had probable cause. It's legal. Get over it and move on.

schazjmd

The first scenario in this video, "A Citizen's Guide to Surviving Police Encounters", discusses your situation. (They enact the scenario once the way it usually plays out, then re-enact the scenario explaining what your rights are at each point and how to respond) - http://www.youtube.com/watch?v=yqMjMPlXzdA

StarSky

They can search the car if they have probable cause of anything being in the car that is illegal. The smell of weed even if you say you dont smoke weed is resonable enough to search the car. And the reason they said if there is any Bazookas or Explosives is as a joke and to ease the situation. The officers didnt ask you if you had any Bazookas or Explosives just becouse your middle eastern, the officers i know say that to everyone they search..

TheMad Catter

Probable cause is whatever mood the cop is in that day.

Flyboy

I think if they smell weed they have probable cause to search the car but not 100% sure. I would ask a lawyer.

vestrada_amw

Ummm it could be or it couldnt be. He had probably cause with smelling marijuana, but normally out of courtesy they ask. Although you could file a complaint about it, but no it was not illegal.

Moongrl76

I think this situation might be considered Illegal search. Did you get a police report? If you didn't call the police department for a police report and then call a lawyer. You are still parked on a public street. Maybe one of the neighbor's called the cops on you. I don't think the officers had the right to intimidate you or harass you like they way they did. You have rights's and you need to follow through with making sure they pay for their mistake. Sometimes I think SOME cops do what they want when they want. That's unlawful!

T-Bone Cuz

The pigs don't need a warrant to search ur car. Sad but true.

julvrug

An officer can search a vehicle with out consent or a warrant if there is probable cause. Either way if you attempt to make a case out of this you will have difficulty proving there were no reason, as the officer stated a reason, even if it was false. Just the fact that you were both sitting in your car for some period of time, would give them enough reason to believe something was going on. All you have to do is be in the wrong place at the wrong time, and they have their reason. Considering a vehicle is movable, and can be disposed of, they do not have to obtain a warrant, or permission to search it.

copilotzj9182

NO it is Illegal for them to search your vehicle with out your consent... alltough if you do not consent they can arrest you... if they had written you a ticket go back to the police station and speek to their supivisor and report what they did

The police can search your car if they have probable cause.

You can deny them that right in which case, you will be detained at the sight while a court order is obtained forcing you to let them search.

If you have nothing to hide, then you should have no problem.

You must realize that loitering at curbside in a car for a coupla hours is a very suspicious activity. Most people don't do that unless they are up to no good. Most people who want to just visit and talk go to a home, apartment, coffee shop, movie or something. They don't just sit around in a parked car for hours.

Someone from the neighborhood could have reported you to the police for loitering.....you have no way of knowing that....

It's always a good idea to cooperate with law enforcement. They aren't "picking on you", they are there to keep the public safe.

kristus412

No I think it was illegal you have to give consent unless there is something out in the open that they can see.

Marc X

I used to have fun all the time with this. When I was in the military, I smoked Benson & Hedges which smell a LOT like pot. Of course, that got Security to bring out the dogs to sniff the barracks, who did know the difference between tobacco and hemp, and so they didn't find anything. Used to frustrate Security to no end, though. Especially since I'd put out the cigarettes so they couldn't trace them to me.

I had fun with them. I guess the cops were having some fun with you, too. Especially if you pulled an Attitude about your 'obvious' Middle Eastern descent.

FELIKS D.

HAHAHAHAH!!!!! BAZOOKAS OR EXPLOSIVES?!?!??! HAHAHAHH. YOU COULD COMPLAIN THAT THEY WERE RACIST, BUT THATS IT. IF YOU'RE SITTING IN YOUR CAR IN FRONT OF MY HOUSE FOR AN HOUR, SOMETHING WORSE WOULD HAVE HAPPENED. IM , HOW YOU SAY, PARANOID.

Rocco R

yes, unfortunately the pigs can search with probable cause. He probably told you he smelled pot to establish it as probable cause. Just another case of the police inciting an environment of fear and uncertainty just to get off on their power trip.

Earl B

Very illegal. They were suppose to ask first. I say no then they have to call a K-9 out and sniff for anything. Plus they just can't pat you down. I report them to the sargent.

ciachi

....One thing to remember, a cop will say and do anything they friken please....they can plant drugs, guns, apply probable cause, and say anything they want just to have you arrested....there are good (somewhere) and bad cops, and it's their word against yours...you have no chance in hell of winning....trust NO ONE!!!!COPS become corrupted just like anyone else given the power....

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