Could a cop search you if...

[jay42]

I was just thinking about this. I am usually a pretty safe smoker. That is, I don't take much risk in getting caught. I know that if you are pulled over in a car for another offense (although you don't need much) and the cop smells weed, then he can legally search the car. But what about just walking around in public. Could a cop pat you down if he smells something on you? I know the likely hood of this happening is quite low (im not paranoid) but I do live in a big city and would like to know.

[GratefulDead4ever]

i dont know bout the first one but the second part bout a cop patting you down i am pretty sure they can do i just learned about it but it doesnt happen much but they techinically have the right if they wanted to

[RedRainDrop]

^^ the cops around here wouldint give a shit and a half if your toking, ive been caught by cops, and all they were conserned about was it we were littering. He knew we were toking, but didnt really care.

[SneakerPimp]

Is that for real, if the smell it they can search your car? I thought they couldnt without a warrant no matter what.

[BobBong]

Depends on where you live really.. If you live in a city where cops roam the streets then chances are you don't want to be carrying anything with you.

You can't be arrested for being stoned.

[slpntrx5]

wait, i thought they had to get your permission before they searched you or your car...have the old assholes in congress passed something that i havent heard about?

[GratefulDead4ever]

i am talking bout on the street they can search you i think they can in your car but i think they can learned something like that in class that they cops can search you as in whats on you, your car, and if you commit a crime and run into a house they can search the house in case you hid stuff i am pretty sure this is true

[GratefulDead4ever]

i may be wrong i always second guess myself but i am almost positive cops can search if you get pulled over for doing something and they have a reasonable suspicion

[SneakerPimp]

funk da police, funk da police... FUNK 'EM!

[GratefulDead4ever]

lmao fuck da police some guy i know did that for over an hour and a half it got kind of annoying after an hour of it but the message stands true

[slipknotpsycho]

actually, a cop can't search your car even if it smells like weed unless you give permission... i mean they can, but there's a lot of red tape they have to go through first.... depending on state they'd either have to call HQ to get permission or some other place and get a warrant too... they can't just stop you say it smells like weed and then say "out of the car i'm searching" you have to give consent first..

[SneakerPimp]

yeh see thats what I thought too, u have to give permission to search even if they smell CRACK! Otherwise they have some sort of redtape like he said to do it legally...

[Tmar.aLL.DaYmar]

Can a police officer search my car when I am stopped for speeding?
Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere.

In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.

It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.

[Tmar.aLL.DaYmar]

Q WHAT IF THE POLICE STOP ME AND WANT TO TAKE ME TO THE STATION FOR QUESTIONING? DO I HAVE TO GO WITH THEM?
A. No. If you aren't under arrest, you do not have to go to the police station. If police ask you to go with them voluntarily, you should refuse and state that you want to talk to a lawyer first. If you decide to go to the station voluntarily, you are free to leave when you want to unless the police tell you that you're under arrest.

Q. CAN A POLICE OFFICER SEARCH ME IF I'M NOT UNDER ARREST?
A. No, but if they have a reasonable suspicion to believe you could be carrying a weapon, they can pat down the outside of your clothing.

doesnt say anything about drugs.

[Fabolous]

Okay heres where you are all wrong LoL about how they can't search ect ect ect.....

police officers in fact can and will search your car if they suspect any drugs are in there (don't you ever watch COPS the TV show?)

Police officers infact can search you in a ramdomly order on the street (more then likely they well use the terrorist excuse, like they did on my friend sadly :( )

and there nothing that people can do now since there makin laws that are takin rights away from people left and right, my friend tryed fighting the pat down from the sreets in court. But lost since the officer was checking random people.

[Nullific]

You never really know what the law can do in America these days.
Apparently the president can spy on us.

[SneakerPimp]

that aint a free country if some cop can just approach you on the street and search you, thats like how it is in Russia or something....

[P.E.N.G.U.I.N.]

They can pat you down if they have probable cause to suspect that you are carrying a weapon, but you can't tell someone has drugs (except maybe a pipe) just by patting them down.

Probable cause: A reasonable suspicion that a crime is being committed, will take the place of a warrant in most, but not all cases, and probable cause only works with the crime the officer thought was being committed. He can't search your bedroom for drugs if he sees you possibly hitting a pipe through your kitchen window. He can get a warrant and come back, though.

[Crispyfried]

The most important thing to remember is don't run from a cop, that enables them to arrest you. Pay attention to what they say and be polite. And it seems that most marijuana-related arrests are made for posession, not selling and not growing. So don't have anything on you.

[GratefulDead4ever]

depending on the cop they may do different things

[slipknotpsycho]

However, due to the mobility of cars, time does not permit a search warrant to be obtained

they don't get the same warrant for a car as for a house, since the warrant for the house takes up to days to get... the warrant for cars are "instant" and not granted by a judge, or there is a judge always on duty, i don't remember at this time but the cops cannot search you, your property, your house, your car, nothing unless they have a warrant plain and simple... or if you give them permission.. lemme sum it up..

the only two ways a cop can legally search you or your possesions and such is with...
a. your permission
b. a warrant

period.

[Killa Milla]

Probable cause, it sucks I know. Even if searching you for probable cause due to smell may be illegal it can most definately be twisted against you to make it legal. It is on-par with a cop stopping you for speeding and spotting and open alcohol container in your car, or better yet (for this example) smelling it on your breath.

[s2headhunter]

no they cant search your car unless new laws were passed....they have to have a warrant.......

[Tmar.aLL.DaYmar]

Probable cause: A reasonable suspicion that a crime is being committed, will take the place of a warrant in most, but not all cases, and probable cause only works with the crime the officer thought was being committed. He can't search your bedroom for drugs if he sees you possibly hitting a pipe through your kitchen window. He can get a warrant and come back, though.

are you saying that if a cop pats you down bc he thinks you have a gun, then he cant arrest you for having weed?

[Crispyfried]

They can search you if they arrest you and they can arrest you for many different reasons. If you have an outstanding speeding ticket, for example.

[DemoCommando]

What these guys have said about
If they smell weed they can't search you w/o your consent.

That is bullshit. Have you ever heard of Probable Cause? Yes, it's a police clause that states that if the police do a visual search of your vehicle and see a gun under the seat or on the seat, see drugs, or smell the profound smell of marijuana, he can search your CAR. But to search YOU, he has to ask unless you STINK of ganja.

Dan
Probable cause dudes

[slipknotpsycho]

They can search you if they arrest you and they can arrest you for many different reasons. If you have an outstanding speeding ticket, for example.
this much is true... but i doubt like if you got stopped for speeding they're going to arrest you if the car smells like weed just to find drugs... oh yea and intresting factoid... if you really wanna piss a cop off.. you can request to have a state trooper present durring any searching... wouldn't really help much but it would really aggervate the cop to have to wait for a state trooper to show up before they could begin searching.. i'd especially reccomend this to someone who got stopped for speeding and is in no way intoxicated or having anything illegal on them or their car...

[GratefulDead4ever]

dude i am so trying that when i get my license back that will be so sweet that ought to teach those cops to chase after me

[ultimatenyc]

ya, thats a good way to have the cop make sure he shows up in court.

[Blazed and Confused]

What if you are walking down the street with like extremely red eyes?

[intheclouds]

If you give them probable cause they can. If you are being an asshole then yea they will because you are giving them a reason to fuck with you. ;) "Just be cool man" ;)

At least that has been my experience. I have invited cops to have a beer or a joint with me when they get off their shift. Lots of the time they come and still have their uniforms on! :thumbsup:

[Awill3449]

What these guys have said about
If they smell weed they can't search you w/o your consent.

That is bullshit. Have you ever heard of Probable Cause? Yes, it's a police clause that states that if the police do a visual search of your vehicle and see a gun under the seat or on the seat, see drugs, or smell the profound smell of marijuana, he can search your CAR. But to search YOU, he has to ask unless you STINK of ganja.

Dan
Probable cause dudes

I couldn't have said it any better myself. In the USA, if the cop has probable cause (reasonable suspicion a crime is taking place), your car can get searched. If they don't have probable cause, they need your consent.

Basically, if they ask for consent, you can (and probably should) say no. It's a right. They dont ask for consent unless they can't find probable cause.

[Oli]

Be safe and stash your weed in your socks. Counts as undergarments here (UK) so they can't search them.