Dear TheLaw.com,
First of all I really appreciate that a website like this exists where unfortunate people like hardworking students can ask questions.
My issue begins like this...
On Saturday night, a few friends of mine came to LA for the Presidents Day weekend. I live in Pomona, they were in UCLA partying. My friends were planning to drive back to my place drunk, but I volunteered to be the sober driver because I didn't want to see my friends get killed or hurt someone else. As I made the drive back after picking up my friends I found myself constantly exiting the freeway so that my friends could throw up (not fun at all). By the time I got back to my place I was so stressed out and my friend suggested that we go smoke a little pot. Being the long night that it was I agreed and so we obtained less than a gram of marijuana and drove to the hills to smoke.
When we arrived in the hills we parked and I pulled my keys out of the ignition (being a Finance, Real Estate & Law Student I felt it was wise to have my keys out of the ignition if i was going to smoke or do anything at all - because I heard that you could get a DUI or DWI by having the keys in the ignition).
Me and my friend began to smoke a joint and talk about how we had not seen each other for about a year. It was around 3 AM and just as I was deciding to leave, I notice a car creeping up with no lights on at all. Before I could react there were high beams on me and an Officer proceeded out of his car and approaching mine. Not having the keys in the ignition when he approached my car I opened my door. As i was opening my door he pushed it closed and told me to roll down my window (this required me to put my keys into the ignition to roll the window down) so i did so.
When I rolled down the window he smelled Marijuana so he asked me to step outside of the car. I obeyed his wishes and then he asked me to stand against my car and put my hands behind my back and lock my fingers. He then asked me if I had any weapons or drugs and I said no. So he frisked me and there were no weapons. He felt something of a bag in my pocket and asked me if it was drugs or a condom and i said neither and without asking me he reached into all my pockets and pulled the contents out of my pockets and put it on top of my car (being a law student I was surprised that he violated my 4th and 5th amendment) without asking me or receiving my consent he reached into my pockets. What he pulled out was my wallet, a lighter, my cellular phone and a bag containing less than .5 of a gram of marijuana. He then put me in the back of the police car and went up to the passenger who was my friend and did the same to him. He then placed my friend in his car and began to search my car (again without anyone's consent) and my doors were closed behind me and I could not say anything because I was trapped inside the police car. He returned to his car after about 15 minutes with absolutely nothing and began writing me a ticket for a Misdemeanor CA Code 23222(B) for possession of marijuana while driving (again my keys were never in the ignition upon his arrival). I tried to tell him that I'd like to call a friend to pick me up if possible and he said oh i dont think you're too high to drive. So then it was over.
My question is.. did he not violate my rights with a wrongful search when I did not consent him or does probable cause negate that because I never told him that i was smoking marijuana i only said i was smoking cigars when he walked up to my car?
First of all I really appreciate that a website like this exists where unfortunate people like hardworking students can ask questions.
My issue begins like this...
On Saturday night, a few friends of mine came to LA for the Presidents Day weekend. I live in Pomona, they were in UCLA partying. My friends were planning to drive back to my place drunk, but I volunteered to be the sober driver because I didn't want to see my friends get killed or hurt someone else. As I made the drive back after picking up my friends I found myself constantly exiting the freeway so that my friends could throw up (not fun at all). By the time I got back to my place I was so stressed out and my friend suggested that we go smoke a little pot. Being the long night that it was I agreed and so we obtained less than a gram of marijuana and drove to the hills to smoke.
When we arrived in the hills we parked and I pulled my keys out of the ignition (being a Finance, Real Estate & Law Student I felt it was wise to have my keys out of the ignition if i was going to smoke or do anything at all - because I heard that you could get a DUI or DWI by having the keys in the ignition).
Me and my friend began to smoke a joint and talk about how we had not seen each other for about a year. It was around 3 AM and just as I was deciding to leave, I notice a car creeping up with no lights on at all. Before I could react there were high beams on me and an Officer proceeded out of his car and approaching mine. Not having the keys in the ignition when he approached my car I opened my door. As i was opening my door he pushed it closed and told me to roll down my window (this required me to put my keys into the ignition to roll the window down) so i did so.
When I rolled down the window he smelled Marijuana so he asked me to step outside of the car. I obeyed his wishes and then he asked me to stand against my car and put my hands behind my back and lock my fingers. He then asked me if I had any weapons or drugs and I said no. So he frisked me and there were no weapons. He felt something of a bag in my pocket and asked me if it was drugs or a condom and i said neither and without asking me he reached into all my pockets and pulled the contents out of my pockets and put it on top of my car (being a law student I was surprised that he violated my 4th and 5th amendment) without asking me or receiving my consent he reached into my pockets. What he pulled out was my wallet, a lighter, my cellular phone and a bag containing less than .5 of a gram of marijuana. He then put me in the back of the police car and went up to the passenger who was my friend and did the same to him. He then placed my friend in his car and began to search my car (again without anyone's consent) and my doors were closed behind me and I could not say anything because I was trapped inside the police car. He returned to his car after about 15 minutes with absolutely nothing and began writing me a ticket for a Misdemeanor CA Code 23222(B) for possession of marijuana while driving (again my keys were never in the ignition upon his arrival). I tried to tell him that I'd like to call a friend to pick me up if possible and he said oh i dont think you're too high to drive. So then it was over.
My question is.. did he not violate my rights with a wrongful search when I did not consent him or does probable cause negate that because I never told him that i was smoking marijuana i only said i was smoking cigars when he walked up to my car?
