Ozzy87 busted for speeding

[jman220]

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never admit to doing anything wrong either. when a cop asks "do you know why i pulled you over?" always say, "no officer, why did you pull me over?"

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Bah, thats bad advice. If all you really are guilty of is speeding (and aren't in fact driving drunk or something else like that), sometimes just being straight with the cop is the best way to convince him not to ticket you. If you [censored] with the cop and try to play it off like you didn't know you were speeding, he's definitely going to ticket you.

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This is blatantly false.

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Hi,
I work with Cops on a daily basis.

Regards,
--jman220

[SixT4]

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jman220, I'm not certain about this, as it's been 9 years since I studied Con Law and Crim Law, but I think a cop saying "I smelled marijuana" is probable cause to search a vehicle.

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I don't know anything about law (and don't even live in America), but what if they found something illegal but not relating to marijuana in the car, since then it's unlikely that they actually did smell anything. Would the search be illegal?

[NickyC]

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jman220, I'm not certain about this, as it's been 9 years since I studied Con Law and Crim Law, but I think a cop saying "I smelled marijuana" is probable cause to search a vehicle.

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Uh, yeah.

[uclabruinz]

Let me make my point more clearly, because some are confused.

1. Yes, never agree to a search.

2. However, this is not a "get out of jail free card." The point of this thread shouldn't be, ZOMG Ozzy should have just refused a search. The point of this thread should be, ZOMG Ozzy shouldn't have been transporting drug paraphanelia in his car doing 80 MPH down side streets.

3. Yes, you should do whatever you can to protect your legal rights, like refusing searches, but realize, people, that cops (ZOMG) LIE under oath routinely. Not all of them, but some do. They make stuff up in their police reports, and they have no problem making stuff up on the stand because THEY ARE GETTING THE BAD GUYS.

If you don't believe this is true, keep driving around in your sick BMWs at 80 MPH down sidestreets carrying $50k in cash, forged documents, and marijuana grinders.

Ozzy's 19, I'm not ragging on him, he did it and he's going to learn a hard lesson. I'm trying to prevent others from making the same mistake.

[uclabruinz]

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OMG, 80 (EIGHTY) miles an hour. I love how they throw that in there like omg omg omg omg, what an INSANE rate of speed.

180, ok, fine. I do 80+ routinely on the HW in the morning on the way to work and get passed frequently. Gay.

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I think the point was that he was doing 80+ on a street, not a highway.

[jman220]

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jman220, I'm not certain about this, as it's been 9 years since I studied Con Law and Crim Law, but I think a cop saying "I smelled marijuana" is probable cause to search a vehicle.

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Bah, I've been working in New York for too long (where we don't have a general probable cause vehicle exception). You're right, I just looked it up.

[mj2]

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but they can't just search your car.

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Do people really believe this? Do you really think that cops can't search your car if they really want to? This happens all the time. I was pulled over in L.A. I wasn't speeding or doing anything illegal. The cop flat out told me I was being pulled over for being white, driving in a predominantly black neighborhood. He made me get out of the car, frisked me, shined the light in my eyes and in my mouth, while yelling at me to tell him where I "hid the drugs". Then he put me into the back of his car while he searched my entire car. He NEVER "asked" for permission. He just did it. He then came back and told me he found a small piece of crack in my car. I said that was absolutely impossible. I'm guessing he was just trying to see my reaction or just f... with me because he didn't say anything else about it.
Then he told me to get back in my car and get on the freeway and drive back to my own neighborhood also mentioning that I should re-evaluate the type of girls I date if they live in this neighborhood. For the record, the girl I was dating makes almost $100 an hour as a personal trainer at one of L.A.'s most expensive gyms and she is insanely hot. So needless to say, I didn't take his advice.

[Mike Gallo]

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Also, wtf is a marijuana grinder??

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Its used to grind bud and seperate the stalks stems and seeds.

[iceman5]

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It is very likely in this particular instance there was probable cause and a legal warrantless search was going to occur anyway.

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Umm, there's no such thing as this. The exceptions to the warrant requirement for vehicles are very clearly spelled out in Supreme Court cases, and there is no general "probable cause" exception to search an automobile (other than a sweep for weapons, and that can't get too involed, and definitely cna't include the trunk). The only way they could have legally searched the car would be to have arrested him for the speeding, and then conducted a search incident to arrest, which is unlikely for them to do, as cops have better things than to take speeders into custody (usually).

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There is so much horrible advice given in this thread that I felt I should respond. Im an 18 year police officer in a major city. Take this for what its worth. I'll be happy to answer any "non smart ass" questions.

I quoted this statement because the poster obviously has some knowledge regarding the law although he is still somewhat wrong.

There are several exceptions to warrantless searches, not just "search incident to arrest"

How about "plain view", "exigent cirumstances", "mobile exception", and "inventory search"?

Not all of these apply here. Im just stating that the search incident to arrest isnt the only way to search this car which is what the poster said.

Hes correct that cops dont normally arrest people for speeding although it is done sometimes to people out of state, but he couldve easily been arrested for reckless driving depending on how reckless it was, for som eform of "failure to ID" if he presented ther fake ID as his won (not saying he did that)...or a few other things.

There are also new Patriot act situations that would allow them to detain him under suspiciosu circumstances which unfortunatley in this day and age, this seems to be.

Having said all of that, I wasnt there and have no idea if the cop acted appropriately or not.

75% of the other legal advice in this thread is worth what you paid for it. When you get yourself in over your head and say "I heard I should do that on a poker forum", youre gonna feel pretty stupid.

[uclabruinz]

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There are also new Patriot act situations that would allow them to detain him under suspiciosu circumstances which unfortunatley in this day and age, this seems to be.

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Prior to the search of the car, what precisely was suspicious about this circumstance?