I was out this past weekend at a house party when I had to drive my friend to the store to buy some cigarettes. I was still sober so I said yes and when we got outside I saw a cop car parked in the street. I started driving and the cop followed me and a couple of blocks later he pulled me over and told me I stopped past the line at a stop sign. The cop then asked if he could search my car. I didn't want him to, but I let him–even though I had a quad of bud–because I figured if I cooperated, the cop would just let me go. This didn't happen. After searching my car, he found the weed and gave me ticket for it. He also left my car a shitty mess, dumping my backpack, glove box, and anything else he could find all over my car. Is there anything I can do to stop a cop from searching my car? Also if I get a medical marijuana recommendation before my court date will it help with the weed ticket?
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You, my friend, are a living testament to the fact that no good deed
goes unpunished! First and foremost, why did you let the police officer
search your car?
Literally, nothing good can ever come from consenting
to a police search, so why just give it to them? Make them work for
it!
A police officer cannot search your car unless he or she has a
search warrant or probable cause to believe there is contraband in your
vehicle. If you are pulled over and an officer asks to search your
vehicle, simply decline. You have nothing to lose, and if the officer
does have a warrant or probable cause to search, I'm sure he or she
won't be shy about letting you know. Bear in mind, your refusal may be
futile if the officer isn't the most ethical guy on the force, but why
not exercise your rights if you have 'em?
As to your second question,
the answer, my friend, is no. Unless you had a physician's
recommendation to use medical marijuana at the time of the offense, it
will not help you in court. However, if you do plan on utilizing
marijuana in the future, for your medical needs, I would highly
recommend visiting your local doctor, to see if you are eligible for a
physician's recommendation to use medical marijuana. If you do so, you can
save yourself a lot of future hassle and aggravation dealing with the
police and the criminal justice system.
asks to search your car, just say no!
Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).
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