Quote Originally Posted by THCeeker
Last night I was coming home from my friends house in the city of Buffalo (I live in the suburbs). I had realized I left my laptop in his apartment and I called him and went back to get it, and on the way to his house a police officer pulled me over, although I had done nothing wrong. He asked me for my registration and license and I looked around my car then got them for him, at which point he asked me to step out of the car. He said he thought myself as well as my car smelled like marijuana, which in fact neither me nor the car did and I know for a fact the car was clean because I haven't smoked in it in forever.
Did you smoke at your friends house? It sticks to your clothes and you're oblivious to the fact that you smell. If I ever smoke a joint, blunt or pipe I always make sure to change shirts. The only time I don't change clothes is when I'm vaporizing. I'm willing to bet there was strong likely hood that you smelled without realizing it.

Anyways, he searched my pockets, then began to search my car, at which point I said "Officer you do NOT have my consent to search my vehicle." He did not hear me so I turned to a nearby officer and asked him if he heard me. He said he did and told the searching officer that I had "withdrawn my consent to any search" at which point the officer stopped searching my car, came to me, immediately cuffed me and told me "You have no rights", and put me in the car.
He's sort've right. The moment the police smelled marijuana they had probable cause to search your car. They don't need your permission, a warrant and your denial of consent to search your vehicle doesn't matter. They smelled something and had probable cause. Next time you get pulled over just barely crack your window. You don't have to legally roll it all the way down.

He proceeded to search my car with other officers for 40 minutes, with his search yielding a clean scale which was returned to me, two shots of whiskey in a water bottle, a dirty pipe, and an empty pill container I used to use to hold weed, as well as a forward assist knife which he claimed was a switch blade. I was charged with possession of marijuana and cited a ticket for 12% rear window tints, and the officer said that he let me off easy.
Let you off easy? No the guy was a douche. Letting you off easy would be pretending he didn't find anything or not pulling you over in the first place. I hate when officers make it sound as if they somehow did you a favor.

However, I think the knife was a legal knife as I went to Lowes and saw the exact same type of knife being sold there today. I also was wondering what will happen when I show up for my court date, because this evidence is being submitted but it was not found with any warrant or drug dog, and the officer knew damn well he had no permission to be in my vehicle. If anyone can tell me anything, any help is useful, thank you.
I will tell you this, get a very strong lawyer. If it is truely as you describe then my personal *opinion* is that you would get off easily with a lawyer. However I am not in the legal field therefore anything I say should not be taken as legal advice but rather just another persons opinion.

I've had both of my posession charges dropped by hiring a very good lawyer.


On another note, after the tow truck towed my car the officer lost something so I sat in his car while he went all over town looking for something that he never found. During this ride, I made special note of the officer speeding, at one point going 80 in a 45 while it was raining, running every stop sign and red light he came across, and even racing another officer. Can I do anything with this information if I get a lawyer or is it not worth the cop heat I'd take from any lawsuit.
I would mention it to your lawyer, but I believe that since you were in custody you do not actually count as a witness for these acts. Your lawyer will decide if that information is relevant or not; but if I had to guess I would say that this would not help you at all. You are going to court for things YOU are being accused of. You need to focus your case on proving your innocence against the crime charged against you.

In a best case situation, if your lawyer would choose to use that information, all it would do would put the officers integrity into question, but again that will be for your lawyer to decide.
daihashi Reviewed by daihashi on . Was I illegaly searched? Last night I was coming home from my friends house in the city of Buffalo (I live in the suburbs). I had realized I left my laptop in his apartment and I called him and went back to get it, and on the way to his house a police officer pulled me over, although I had done nothing wrong. He asked me for my registration and license and I looked around my car then got them for him, at which point he asked me to step out of the car. He said he thought myself as well as my car smelled like Rating: 5