a few friends and myself were hanging out today. we all threw down our money, and two of them headed out to pick up the reefer. they didn't come back for too long... too long. about an hour and a half later they come back, with swollen wrists and sad looks in their eyes. i see one of my friends holding a panflit/flier thing with the broward sherrif office logo on it. they got pulled over on the way home for driving too fast. they were 52 in a 45. my friend was nervous, and the cop saw it. searched him, found a lighter, and searched the car. they have a court apperiance now, a ticket for i think 200$ish for speeding, and probably going to get a huge fine for this. thank goodness it was only a half ounce. but then again, that's 150$ on us =(. i feel horrible for my friend driving. what is his punishment going to be from the court? realistically?
What? He had no reason to search, no warrant. Just because someone has a lighter on them doesn't mean they can search their car; hell, they can't even pull shit out of your pockets. They needed to ask permission before searching your friends car. The charges may be dropped if you research your local laws and provide a well formed argument.
You don't need a warrant to search a car, just probable cause. The only time would it require your authorization is if the car was stationary which you would sign a placard. Otherwise the lighter is enough probable cause if the person in possession was underaged. I don't drive even 1 mile over the speed limit when I have shit on me. I don't care if everyone is going 10 miles over, stay your speed, and you won't get pulled over.
OK your friend had to have volentarilly given him the right to search him. Looking nervous isnt probable cause. Smelling reefer is. The cop probablly posed it like this "I need you to step out of the car please" in this situation you must remain calm. "Well officer we were speeding cause we are in a bit of a hurry. Is it really nessasary?" "Yes son I believe it is" "Am I being asked or ordered?" If your being asked you can say "Well I really wanna be on my way" They may try to sweat you out by saying something like "I'll be back in just a second." He may go five feet away on a radio and say things like "Yeah I suspect there hiding something" or go into his cruiser and let you sweat things out. Just be cool and if he "asks" again just be firm but insist that you dont feel the need. If he orders you then you can ask him the grounds but your likely screwed. He does not have the right to search your car without probable cause.
