Quote Originally Posted by UTD Toker
Ya i understand but see yall dont understand we were HOT BOXING my car when the cop saw us.....when he came to the car he could smell the weed so he could do a search based on probable cause right? Also im 18 so will i be able to keep this from my parents? Cause my parents are SOOOO strict
Yeah, UTD Toker, the officer had probable cause because of the smell and also because he knows the signs very clearly from having run into similar situations with youngsters and weed hundreds of times before. Anyone who doesn't believe odor is enough for probable cause isn't familiar with the historical precedents in our criminal justice/court system. Courts have been fairly consistent in their support of odor alone as probable cause on numerous occasions. The odor and whatever he saw y'all doing before he followed you and stopped you gave him the cause to search further, and then he found paraphernlia. Done deal. No judge or appellate judge (if someone were stupid enough to appeal on this basis) would ever question that.

You're lucky you only got a paraphernalia citation. It's true, Texas does have fairly strict attitudes regarding suspension of drivers' licenses, but I'm betting this'll be a matter of paying a fine and, at the most, a six-month or year-long probationary term at the most. The judge can also attach some sort of condition to your drivers' license if he sees fit to do so. I never worked professionally as an attorney, but I did earn a law degree many years back at SMU and am at least informed enough to reassure you of this.

Definitely watch that Flex Your Rights video that Breukelen Advocaat posted above. It's very important for everyone your age to watch and understand. It's 45 minutes long, and it really ought to be standard viewing every two months for teenagers or college students.

By the way, that cop didn't arrest you when he cuffed you and had you stand by while he searched. He didn't violate your fifth amendment rights, either. That's standard practice for officers' safety, consistently upheld by courts at all levels. You weren't carrying guns or other weapons, but more times than not, especially in Texas, guns and drugs travel together. So he was simply making sure that you'd not be a danger to him while he completed his search. When you're arrested, they inform you that you're being arrested and they read you your Miranda rights (you have a right to an attorney, you have the right to remain silent, anything you say can and will be held against you in a court of law, etc.). Then they put you in a car and take you in. Again, you were only held temporarily as a matter of safety.

If you still live at home and are still in high school and being supported by your parents, you're essentially like a minor child. Your minor vs. adult status, though, isn't in question. You'd have received the same type of citation either way. You definitely will need to tell your parents about this. Don't let them find out about it and be surprsied. Strict or not, you may need their help in paying your fines, and the judge, since you're still in high school, may ask them to appear with you in court so they, too, understand the terms of any probationary sentence you receive. Tell them now and get it off your chest. Good luck!