thenaturalfl7
New Member
My friend and I were walking down the road around 2:00AM when a police car came from behind us. The officer rolled down his window and asked our ages. I told him that I was 18 and my friend 19. He then got out of his vehicle and asked for ID. I gave him mine, but my friend lost his in a prior underage offense. The officer claimed to smell alcohol but we told him that neither of us was drinking. He then preformed the "pen test" on us and asked us to prove our innocence by taking a PBT test. I told the officer that I would not agree to that and my friend as well.(since we did have that right) He then, without explaining what he was about to do, began patting me down and grabbing at my pockets. He felt a container and asked what it was. I said im not sure I have a lot of things in my pockets. He told me to pull whatever it was out and I said no sir I will not empty my pockets. He then began feeling the outside of my pockets much more thoroughly. He again said he felt something suspicious and told me to remove the item from my pocket. I said no but he saw the end of a baggy and told me to empty my pockets onto the trunk of the patrol car. I did so. I was holding an empty baggy with the exception of a small marijuana stem, and empty pill container, two tiny marijuana buds(contained inside my pocket) and a prescription pill. The officer then (without permission) began grabbing my buddy's pockets and told him to empty it onto the car. My buddy had a few small buds and a glass pipe. I personally believe that his actions ignored the fourth amendment completely and would constitute as an illegal search and seizure. I have been charged with possession, paraphernalia, and underage (his evidence of consumption was purely based on smell) and he had no probable cause to search us. Please tell me if I am wrong here and what chance I would stand in court and also any suggestions that would help me out. Thanks a lot!