Arrest, Search, Seizure, Warrant Summary disorderly conduct

[Klinana11]

Okay so I got pulled over and the cop told me he smelt burnt marijuana, which wasn't possible because we hadn't smoked in my car. The cop was very persistent because he was wonder why I was driving around this small neighborhoo when I explained to him that I had missed the turn and had to go back around that's when he started to ask me if I had any drugs in the car. At first I told him no because I honestly forgot about the stuff in my side door. So when he asked me to search I said no there is no reason for him to search my car he then stated that the fact that he smells weed is enough for a search so he asked again and I said no. He then said if I didn't cooperate he would get the dogs and then get a warrant. At this point I told him fine he could search my car. The guy in the back seat had less then a gram on him, the girl in the front seat had none, and I got reminded of the less then a gram in my side door. He then preceded to write me a ticket for my inspection being out of date and then wrote me a summary disorderly conduct which stated that the marijuana served no legitimate purpose of the actor. I did not get arrested and the kid in the back got the same thing. I was curious if we fought it if we would have a good chance of getting the charges dropped or just getting a fine. I won't go to jail right and should I get a lawyer?. Please help.

 

[army judge]

If you believe the charges are inaccurate, plead not guilty, admit to nothing, and hire a lawyer (or, if you are eligible or wish to determine eligibility; request the judge to appoint a public defender), then defend yourself at trial.

You didn't have to allow the officer to search your car.
No, means no.
Had you stuck to your grounds, the charges would have been no worse.
But, if you had stuck with NO, the cop usually lets it go; or simply brings a dog (assuming one is available).

However, be smart, don't carry any kind of illegal drug on your person, in your car, in your possessions, or stuffed in any of your body's orifices!

Drug charges can often RUIN your life, and convictions of a drug or drug related charge will definitely impact your life and future in ways you can't comprehend.

Truth is, obeying the laws are easy.
Breaking the laws are much harder, yielding serious, brutal consequences.
Be smart, stop using illegal drugs, or keep them safely locked away in your home.

Know this, most drug abusers are also SNITCHES.
They'll do dope with you tonight, and gladly RAT YOU OUT tomorrow morning!

 

[mightymoose]

The officer did not need your permission to search the car. If he smelled marijuana he could have made a limited search and would have found the same things.
You may not have smoked in the car, but that stuff is pungent and was likely on each of your clothes and ready to detect through the open window.
You will likely lose any argument you try to make against this citation.

 

[disagreeable]

Why do people who smoked weed think you cannot smell it on them just like tobacco? I guess it is the effects of the weed.

 

[CdwJava]

Okay so I got pulled over and the cop told me he smelt burnt marijuana, which wasn't possible because we hadn't smoked in my car.

But, you HAD smoked it, right?

As was mentioned, the stuff smells to high heaven. It is pungent and the aroma will cling to clothing, hair, backpacks, etc. And, it can remain for days depending on the surface.

At first I told him no because I honestly forgot about the stuff in my side door.

So, he may have smelled THAT weed, too.

You can consult an attorney to see if you have any defense, but I doubt it. It seems that he had probable cause to conduct a search even without consent. If they rely to heavily on consent, depending on the status of the law in PA you MIGHT (maybe) have a situation of coercion here.