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Anonymous #1
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Illegally Searched?
#10377003 - 05/21/09 03:26 PM (15 years, 1 day ago) |
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My friend picks me up on her way to work five minutes from my house so i can borrow her car while she is working. As she pulls into the parking lot of the gasstation she works at an officer pulls up and immediately askes where the marijuana is and asks both of us for id.
Neither of us have id but she provides insurance and registration . He asks if there is anything in the car she says no , he asks when he smoked the marijuana and she said before i left home and its gone, he orders us out of the vehicle and after patting us both down asks if anything is an the vehicle and if they can look.
She says she doesnt consent to a search but the officer unlocks the door and begins searching anyway and finds a bowl with ash in the bowl head.After testing the bowl, searching the entire car and questioning us both they tell her to smash her bowl or they will arrest her. After smashing the bowl they give her a ticket for uninspected vehicle even though there was a visible valid inspection sticker and a speeding ticket.
This all happened in new york where possesion of the bowl is like a 125 dollar fine. Isnt this an illegal search? If so what action can be taken against the police and how? also i have been told its illegal for a male officer to searcha female is this true?
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Quote:
he asks when he smoked the marijuana and she said before i left home and its gone,
She is lucky she didn't a dui for that answer.
Quote:
and finds a bowl with ash in the bowl head.After testing the bowl, searching the entire car and questioning us both they tell her to smash her bowl or they will arrest her.
I guess he was giving her a break or didn't feel like doing a whole arrest just for a pipe.
Quote:
Isnt this an illegal search?
I don't think so. It sounds like she was speeding and then when he talked to her he could smell it. That gives him the right to search without needing consent.
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Prof. Astro
acirebma

Registered: 04/15/08
Posts: 4,084
Last seen: 6 months, 24 days
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Yep, your friend got off easy on that too. When asked about smoking marijuana she should have simply replied with "I did not smoke marijuana." But then if he would have searched on the grounds of smelling it and found the pipe he might have arrested, so it turned out well for all involved.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Legal search it seems.
Pro Tip: If you don't want to be searched, don't admit to crimes 
Keep your mouth shut next time.
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