Quick back story: Pot was decriminalized in Columbia, MO several years ago.

My sister was driving from the library on her college campus last night when she rolled through a blinking red light. She was pulled over by a police car who, upon asking for her ID and all, remarked that he might smell pot coming from her car. Having just left the library, she had not smoked and had less than a gram of pot in a sealed bag, in a sunglasses case in the back seat that was stuffed in the crack of the backseat.

He asked for permission to search the car, to which she politely replied that it was late and she still had work to do on a project and she did not have the time to let him search the car. He said okay and stepped away from the car and waited for another police officer to arrive. Upon the second officer arriving, they told her that they were going to have to search the car without her consent. They did and found the sunglasses case, with less than a gram of pot, rolling papers and a pipe.

They arrested her, put her in handcuffs and drove her in the police car to their station and took mugshots, booked, etc. There was no other offense and she has never had any police issues at all. When finished with all the paperwork, they let her go without bail and let her walk from the station to her car.

Questions:
1. Without authorized consent from the driver, did they have probable cause to search her car? (It was less than a gram stuffed in a back seat in a bag and no pot had been smoked in the car in the last 24 hours... there would likely be no smell)
2. With pot being decriminalized, they would have no grounds to arrest and put her in handcuffs right?

CLIFFNOTES:
- Sister gets pulled over leaving library, cop says he smells pot and asks to search her car (none had been smoked in the car in last 24 hours)
- She says no, cop calls another police to the scene and searches either way
- Finds less than gram of pot, pipe and rolling papers. They arrest her and take her to the station and book her, even though marijuana is decriminalized in this city.




There was nothing else to the situation... thanks for the help.

Probably need you to give me the statute, are you sure it wasn't just legalizing medical marijuana?

Consent not needed on search.

Smell of pot is probable cause. If it was in the trunk, she mighta been ok. If it is actually decriminalized, then the judge will throw it out in court.

lol effort was just because it was still there from the weekend from people packing bowls in the backseat and her not using it since then... no, no pics of my sister

 

Originally Posted by budo09

Probably need you to give me the statute, are you sure it wasn't just legalizing medical marijuana?

Consent not needed on search.

it was not just for medicinal, decriminalized for both recreational and medical use. not sure of the statute

Only popping my head in here cause you're from columbia. Don't have any good expertise on the situation. Good luck. Edit: I do know one guy who had the swat team bust down his doors in town. But he was a big time dealer bringing it in from all over. He wasn't a college girl driving home from the library with a tiny amount

pot with paraphernalia = not good.

when they are separated it is a different story.

yea i was about to ask local or state dick. since its local and the illegal s n s, hmmm. id say she should have gotten out of it and if the cop is citing state law then there would be a need to call in a state dick i would think. smells off to me

Weird indeed, and it has nothing to do with the fact that no innocent person is going to tell everyone how they were wrongfully accused of something. People are more inclined to tell others when it has real consequences on their life.

Ironically, here's my story:

Pulled over for a burned-out headlight. Officer comes up to my window, talks to me for a couple minutes, questioning me about the headlight. Out of nowhere asks, "you haven't been drinking anything tonight, have you? I smell alcohol." I hadn't had a sip of alcohol in the last 48+ hours, there was no alcohol in the car, there was no chance there was any odor of alcohol - he was just fishing for a DUI that was never going to happen.

He takes my license and registration, goes back to car, five minutes later he comes up to my window again. Gives me back my license and registration, and says, "I'm going to let you off with a warning, but first blow into this." He shoves the breathalyzer in my face, at which point I think to myself, "this is not at all the proper procedure, this guy is a douchebag that obviously thinks I don't understand my rights, BUT, I'm going to blow zeros, so fuck it."

I blow zeros. He says, "have a good night." I drive off not at all surprised at what just transpired. Standard.

Uhh unless I can't read(very possible), this is an illegal search. Without consent or a warrant a cop can't just search your vehicle.

 

Originally Posted by Thatislife

Uhh unless I can't read(very possible), this is an illegal search. Without consent or a warrant a cop can't just search your vehicle.

uhh, yeah they can, if they say they smelled pot. Probable Cause.

 

Originally Posted by t4a2n0kk

I said what if they did this every time.

Why did they single her out then??? If they don't do it every time, then there must have been a reason they said they smelled pot. Oh wait, she actually did have pot in her car. Was she just the random 10% of people that they just say "your car smells like pot", "were searching it"??

So you are saying that as long as the cop had a subjective belief the person had pot, then their Constitutional rights are null and void? OK, thanks for playing

 

Originally Posted by userid363

uhh, yeah they can, if they say they smelled pot. Probable Cause.

So you are saying that as long as the cop had a subjective belief the person had pot, then their Constitutional rights are null and void? OK, thanks for playing

Are you dumb?? I'm saying that cops don't believe that everyone has pot in their car. If they did, they would wrongly search millions and millions of cars a day. This would be a top news story, but it is not. They don't subjectively believe that people have pot. If they did we would hear about it. But when someone does have pot in their car, it was because the were "illegally searched"

 

Originally Posted by Thatislife

Even with probable cause, they have to have your consent or a warrant to search your vehicle. They can arrest you and tow your car, but not search it.

As soon as your arrested for something, they can search your car.

 

Originally Posted by userid363

She will be facing state charges, though. If she's lucky, it goes to the City's court, where the court can throw it out.

[B ]wait, why would she face state charges in a local court on a charge from a local police officer [/B]

who said every time a cop pulled over someone they did this? A: nobody. It happens alot though

wait, why would she face state charges in a local court on a charge from a local police officer?
it happens daily but not prosecuted so much in a municipality where it is decriminalized

god I hate all you jackasses who come and start arguing about weather the car smelled like weed, obv it did, and obv it's retarded that people get arrested for this shit. I wouldn't worry tho she won't get in any serious trouble. Don't even hire a lawyer unless you go on the first day and they don't offer her something like a year without getting in trouble, charge is expunged. If they don't offer this ask for a lawyer and a continuance.