- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Encounter at the Park
We were sitting in my car at my mom’s neighborhood park, just a few houses down from her place, enjoying a quick bite before heading home. Unexpectedly, the tranquility of the evening was shattered when the police showed up, responding to a report of a suspicious vehicle. Alarmed, I stepped out of the car to address them, while my girlfriend stayed inside holding onto our German Shepherd, who is wary of strangers.
The officer proceeded to ask us routine questions, and I mentioned that my girlfriend was inside with our dog. Despite this information, he insisted on searching the vehicle, citing the report of suspicious activity. When questioned about the legality of his actions, he asserted his authority, claiming he had the right to ensure everything was in order.
### Legal Rights and AI Legalese Decoder
If you find yourself in a similar situation, uncertain about your rights when faced with a search of your vehicle by law enforcement, the AI Legalese Decoder can provide valuable guidance. By analyzing the specific laws and regulations relevant to your location, this tool can help you understand your legal rights and navigate interactions with authorities more effectively. In this case, it could have clarified the legality of the officer’s actions and empowered you to assert your rights confidently.
Living in Arizona, where marijuana is legally permitted for recreational use, raises additional questions about the officer’s justification for searching the vehicle based on an alleged smell of marijuana. The AI Legalese Decoder can offer insights into the nuances of marijuana laws in your state, enabling you to advocate for yourself more effectively in such situations.
Despite the officer’s insistence on searching the vehicle and his claim of detecting the scent of marijuana, no evidence of illicit substances was found, leaving lingering doubts about the validity of the search. The encounter serves as a reminder of the importance of knowing and asserting your legal rights, especially in potentially contentious situations with law enforcement. With the support of tools like the AI Legalese Decoder, individuals can better understand and safeguard their rights in encounters with the legal system.
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****** just grabbed a
Very possible the cop lied about the suspicious vehicle call if he was lying about smelling marijuana on you as an excuse to search your vehicle OP.
Just as likely he was driving around and saw you and decided to fish for something to charge you over out of boredom.
Yes. In AZ the cops can use the smell of weed as probable cause to search a vehicle. It was briefly illegal for them to do so, but the AZ supreme court overturned that ruling.
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Ex-cop here, do not, and I mean DO NOT, allow a cop to think its okay to just let a cop use a smell as reasonable suspicion. Since they are wearing body cams or mics, cops are verbalizing why they are about to search your vehicle. Very loudly advise that they are lying and that there is not smell (only do this if youre being truthful obviously) so its recorded. But comply and let them search your vehicle. And when they don’t find anything, thats your ammo.
When the cops dont find anything, ask for their badge number and submit an IA investigation on that Officer for abuse of power. If you have any questions, lmk.
Just simply say “Sorry, I don’t answer questions” next time
NAL- Here is a tip to follow that everyone on this sub including lawyers will tell you: NEVER TAKE LEGAL ADVICE FROM POLICE, they are legally allowed to lie and will go through all loops to coerce you to comply with what they want.
Your 4th amendment was violated because you didn’t commit an articulable crime. They were “called” because of suspicion but suspicion isn’t a crime. They used intimidation to get you to surrender your rights and illegally search your vehicle because they then used the smell of marijuana to justify their search.
It is up to you to now decide whether you want to file a complaint with the PD. Hopefully they had body worn cameras that recorded the interaction and you can put in a FIOA request for the footage. Expect a lot of resistance from the PD because the last thing they want is to be featured on “Audit the Audit” or “Lackluster” and become infamous on YouTube/social media .
An anonymous tip about a suspicious vehicle isn’t enough to search it, but it’s enough to approach and ask you a question as long as they don’t detain you. He is able to walk around see whatever is in plain view, thus he can look through your windows into the car. if he smells weed then that’s likely enough to justify a search in AZ. You need probable cause a crime occurred to search a vehicle. Given the smell of weed in the car he may have been able to charge you with a DUI if he found anything. Some states vary on whether smelling weed alone is enough to search a Vehicle, but I believe AZ is one of them.
However nothing was found so you won’t be able to challenge his search. In the future don’t talk to cops as this situation could have gone real bad if your mom had contraband hidden in the car.
“I do not consent to any searches”
If they have the right to search, they will. You don’t have to give them permission.
First mistake was talking to him to begin with. Second was getting out and not locking/rolling up every window. I’d personally file a complaint, not that it’s going to go anywhere or do anything. Yes, the smell of weed is probable cause to search a car on a traffic stop – but this wasn’t a traffic, or any legitimate, stop – this was a cop walking up on a fishing expedition.
Exigency is exploited often. His claim to smell a nonexistent smell is actually a very solid legal basis historically for just about anything. Crime cartel gets a pass sadly.
He wasn’t looking for weed.. he was probably hoping to find Meth.
is someone reporting you suspicious even cause to do anything? i would think not + you can refuse searches. Looks like he pulled a power move though and made up some bs so he could search anyways. Gotta love cops
Suspicious isn’t a crime.
The fact that the officer claimed to smell the odor of marijuana coming from your vehicle yet found none would indicate that he was lying about even smelling it. 🤔
Don’t talk to cops.
If you weren’t operating your motor vehicle when you started talking to the cops, then ordering passengers out of the vehicle was probably not a lawful order. (I am not a lawyer).
If you can’t avoid talking to a cop, ask them if you are being detained or if you’re free to go. If they tell you you’re being detained, ask them why–they must have reasonable suspicion that you have committed a crime in order to detain you. And it’s at that point that you shut the fuck up and deny consent for any searches without a warrant.
They lie about smelling weed all the time to justify illegal searches. Pigs be pigs.
Don’t talk to them, don’t allow them to search. If they want it, make them work for it. Record your interactions.
Something “suspicious” does not equate a crime. In the US, Police need to have a articulatable (meaning specific) suspicion of a crime being committed in order to stop and probable cause to search a car. They can make up reasons for probable cause, however being detained requires some crime to be mentioned.
Tons of youtube videos on these matters.
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Yes, he can use the smell of marijuana as PC to search. Even in states where marijuana is legal drugs plus driving/control of a motor vehicle can still add up to DUI. This is on a state by state basis.
Officer I do jot consent to a search of my persons or vehicle
Suspicious isn’t a crime.
Get an event number and foia the call and tge body cam footage
OP is omitting some key details. You never said that you don’t smoke, you just said that the cop didn’t find anything. The smell of marijuana is probable cause, it’s still illegal to get stoned and drive a car. Similarly, you can get in trouble for having an open container of alcohol in a car even if it’s out of reach of the driver.
It sounds like you smoked a joint before the cops rolled up, which is why you went to the nearby park to eat instead of just going directly home. I know because that’s exactly what I used to do.
Also, cops can distinguish between stank coming from your car and stank coming from a nearby house. It’s extremely obvious to anyone who doesn’t smoke weed.
Didn’t the Supreme Court rule that the smell of cannabis is no longer an acceptable reason to search a vehicle?
Probable cause is all in the police report and cops know this. It literally gives them the ability to do what they did to you.
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