LIFE Sentence Pending --for speeding

[secret_squirrel]

Please Read this caarefully.
The incident report states Mr Z appeared to be speeding and was clocked at 75 mph in a 70 zone. Officer A stated that, "Mr Z was pulled over at *mile marker 688*. Off A said that he smelled marijuana odor coming from inside the vehicle and that Mr Z appeared nervous and that his voice and hands were shaking. Off A had Mr Z exit his vehicle and informed him that he had probable cause to search the vehicle and was it alright? Mr Z said No Off A couldn't search his vehicle. At that time Off A Stated he had Probable cause and didn't need his permisssion and searched the vehicle.

I dont think this was a legal stop or legal search because: 1) There is no mm 688, # go from 686 to 690 in a 2 mile span. 2) Off A's hand written report has comments like: occupation--electrician/Drug Dealer Vehicle Description--2003 Dodge Ram Pickup/El Camino 3) No citation for Speeding Mandatory to be issued or Officer is considered Misconduct in office and can be removed. 4) Mr Z doesn't smoke; The vehicle was searched 2 or three times even with dogs and no Marijuana was found. Mr Z even went and had a urinalysis by a drug testing lab done; results were negative , no trace of THC marijuana. Under these circumstances if they had found something, other than Marijuana how would you defend.

 

[army judge]

None of those "excuses" or "things" form a legal defense or objection.

The hypothetical you posit doesn't have the police officer doing anything illegally or incorrectly.

The officer acted properly.

The defendant isn't getting the death penalty for speeding, either.

He was wanted for some other capital crime and apprehended because he was speeding.

The defendant's permission wasn't required under the above scenario. The officer asked as a courtesy, Z refused, and the officer searched because he believed he had probable. The basis for his probable cause you put forth in your hypothetical, by the way.

 

[mightymoose]

The mile marker issue is irrelevant. It sounds like the officer's description was still accurate even though there isn't a physical marker- and that wouldn't make it a bad stop anyway.
The comments in the hand written report don't make it a bad stop either.
The officer does not have to issue the citation for speeding. Many people get stopped for various reasons and do not receive citations. The officer only needs a valid reason for the stop, and exceeding the speed limit by 5mph is valid.
It doesn't matter that the driver doesn't smoke- the officer apparently smelled marijuana inside the vehicle. A person who doesn't smoke could still have a car full of dope.

It sounds like no marijuana was found but something else was... either weapons or drugs.

As you describe it, I'm not crazy about the vehicle search without consent. Having smelled marijuana may legitimize a cursory check of the driver's area in the vehicle, but not the whole vehicle. The officer should likely have stopped his search and obtained a warrant if he was determined to go further. How was the search conducted? How long did this search take? At what point were the dogs used? What areas of the vehicle were searched?

 

[CdwJava]

I do not know the status of probable cause based upon smell in Texas, but in California we will often be able to search the entire vehicle based upon the plain smell doctrine. Marijuana can be stored most anywhere in the passenger compartment and tends to wreak. If the odor is of burnt marijuana, then a search of those areas within reach of the driver (which is most the car in many cases) might be appropriate, but green marijuana would generally allow a much broader search.

In the hypothetical as proposed, I also do not see any wrongdoing by the officer involved, and certainly do not agree with the assumption that because the officer did not write a citation that it was somehow misconduct. It is called discretion.

Since there appears to be no arrest or citation hear, there appears to be no court action pending unless you want to sue the officer for some alleged misconduct.