Highway Bust - Advice Welcome

thizzizwhatitiz

Active Member
Here's the story.

My buddy and I were driving in his car and smoked a blunt about 10:45AM today, and had about 3 grams left in the sack. We put the sack in a compartment, and it was totally out of view. About 1 1/2 hours later, we were pulled over by a highway patrolman for speeding.

After handing over license and insurance, the officer asked my buddy to step out of the car, and he did. He took him back to the police car and told him to get in and talked with him. I was still in the passenger seat, and the bud was in the compartment. I did not try to hide it, and the officer was still looking towards me as I looked in the rear view mirror.

A few minutes later, he left my buddy in his car, and the office came to talk to me, and told me that my friend told him there was marijuana in the car, and if I told the same story he would just write us a ticket. I denied having any marijuana, and denied any of being in the vehicle. He said he can search it because he smelled pot and told me to get out of the vehicle and remove my shoes & socks. I did, and he patted/searched me.

He talked to my buddy again, and then had me walk 10 yards from the car, and my buddy halfway between that, and he searched the car. He found the sack, and a roach that was left from a long time ago, that he didn't even realize was there. The police officer asked if the sack was mine, and I said yes. He let my friend go with a speeding ticket, despite finding a roach under his seat, and wrote me a ticket for possession of 35 grams or below.

I have money to hire a defense attorney, but is it even worth it?
My parents do not know I smoke, and I am certainly still not wanting them to find out.

All advice / comments welcome, but none regarding how dumb I am, as I realize this already.
 

parazit

Active Member
This depends on what state are you in. If you are going to get a criminal record, you might want to look into a motion to suppress. Here is the thing though. The cop had probable cause, if he smelled pot.

He does not need a warrant to search an open glove box because you can reach in there.

If you state does only a civil fine pay it and move on.

Otherwise, you can look into a lawyer, but i am telling you that your motion to suppress will fail if the cop smelled marijuana. Also, in some states you do not have standing to challenge the search, because the car wasnt yours.

even if you do. Under the current supreme court precedent, the cop is going to win.

ciao
 
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