Searched by the cops, unjust?

[bdk3clash]

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As for the dog, if the dog smells the weed on your friend, you're busted. But, if you had left it in the car, even if the dog smelled something they would not be able to search it.

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Is this true? I thought in most jurisdictions a canine search resulting in the dog "indicating" is enough "probable cause" to allow for a search. I could definitely be wrong, though.

[WilyTilt]

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As for the dog, if the dog smells the weed on your friend, you're busted. But, if you had left it in the car, even if the dog smelled something they would not be able to search it.

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Is this true? I thought in most jurisdictions a canine search resulting in the dog "indicating" is enough "probable cause" to allow for a search. I could definitely be wrong, though.

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NO, you're right. I'm exhausted, and I wrote this part wrongly. What I meant to say was, if he had left the weed in the car, even if the POLICE suspected it they would not be able to search the car. The dog sniffing the outside of the car, thanks to a S. Ct. case last year, is not considered a search. And yes, a positive dog sniff would be probable cause. So basically, yes, they are screwed if a dog comes and can smell the doobie in the car.

I still suggest that they shouldn't have volunteered it. Police always say that if you'll cooperate and hand over the drugs, we'll treat you nicer, not charge you, etc. That's one of their basic lessons in academy 101. Almost always, they will charge you with the same whether you volunteer or they find it.

Furthermore, I don't think they had any right to detain the guys after the initial "move your car" and license check. The smart play would have been to tell them they're late for a movie, and then if they detain you illegally, the drug search shouldn't matter.

[good2cu]

Umm if you hand the cops a gram of weed they are allowed to search you.

[barryc83]

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Your friend shouldn't have given him the pot and then you should have refused the search.

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Never ever ever ever openly give drugs to a cop like this man. He can't search you bc you're sitting in a car otuside your friend's house. I [censored] hate cops who sucker kids like this.

[r0eKY]

spread the weed around the floor and now you have nothing on you

[Los Feliz Slim]

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everytime I hear one of these stories, the person is guilty, the cop knows their guilty, but they didn't obtain a court-ordered warrant, so the guilty person telling the story seems like they were unjustly treated. I think suspicion is enough to search, and they knew what you were doing.

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While I see what you're saying and I don't want to turn this into a politics thread, I don't want to live in a place where a cop can search me because I'm sitting in a car on a street. I understand that in most other parts of the world they could throw me away for less, but I don't want to live there, either.

[neuroman]

1. Don't hang out with idiots (your friend)
2. Don't be an idiot yourself (rolling a blunt on the street)

[jba]

did you actually see the dog? those cops lie so much.

But like others have said everything the cops did was lawful and if they really had a dog you were probably busted anyways.

[belgianbeerlover]

This may help in the future. Or, as wildzer0 pointed out, it could also backfire. I don't really party much anymore, but it bugs me when cops pick on someone smoking a j.

http://www.erowid.org/freedom/police...consent1.shtml

[Wynton]

I wrote out a long-winded, lawyerly response, but here is the bottom line:

The police don't need much reason to approach and ask you questions. Your mere presence at 11 pm in an area subject to recent robberies is probably enough. But before they can conduct a search or place you into custody, probable cause is required.

What is unclear from your narrative, though, is whether you or your friends reasonably believed you were in custody at the time that the weed was handed over. Nor is it clear whether your friend's decision to do so was truly "voluntary." Just because you feel a degree of intimidation or are nervous about questions does not necessarily render consent involuntary.