Arrest, Search, Seizure, Warrant Illegal search?

[tbone912]

I was recently busted with 1 pound of marijuana in Dublin, GA. First the cops said they got a call saying that someone saw my friend holding a bag full of marijuana(BS, All the marijuana was in the trunk, and I had about 2 grams in a film canister that we used to roll joint, no bags were in the cabin of the car). We did not smell like marijuana because we smoked the joint at a rest stop(Driver's windows don't roll down). When we got pulled over, the driver gave the cops permission to search the car, and I told them that I had some weed in my backpack after a cop found the empty canister with "marijuana residue" in it. My question is, I told them where the marijuana was, but I never gave them permission to go into my backpack. Would that classify this event as an illegal search?

And also,
The cops took my ID and I never got it back, can they do that?

Thanks in advance

-Timmy

 

[Michael Wechsler]

It seems as though you have little chance of successfully raising an illegal search. Your friend gave permission to search the car and you didn't resist either. Not only that, you also told the officer that you had marijuana and where it was. Additionally, I don't think checking your backpack was a search but rather seizure of an illegal substance. There was no question it was there.

Originally posted by tbone912
I was recently busted with 1 pound of marijuana in Dublin, GA. First the cops said they got a call saying that someone saw my friend holding a bag full of marijuana(BS, All the marijuana was in the trunk, and I had about 2 grams in a film canister that we used to roll joint, no bags were in the cabin of the car). We did not smell like marijuana because we smoked the joint at a rest stop(Driver's windows don't roll down). When we got pulled over, the driver gave the cops permission to search the car, and I told them that I had some weed in my backpack after a cop found the empty canister with "marijuana residue" in it. My question is, I told them where the marijuana was, but I never gave them permission to go into my backpack. Would that classify this event as an illegal search?

And also,
The cops took my ID and I never got it back, can they do that?

Thanks in advance

-Timmy