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The police at a checkpoint found my city sticker was out of date. He ordered me out of the car and searched it. He found some drugs I had forgotten about in the trunk. Even though I objected to the search, I was charged with possession. The cop said he smelled marijuana and saw seeds on the floor while he was questioning me. Can he search the trunk of my car without my permission?
Under these facts, he probably can under several theories. If he smelled the marijuana he is allowed to search the car under a reasonable suspicion rationale that there might be marijuana in the car. Additionally, if he recognized the seeds on the floor as being pot, he would have reason to search the vehicle. It is unlikely however, that anyone would have reasonable suspicion to search the car because he saw seeds on the floor. It would be hard for him to be convincing that he could recognize that tiny dot on the carpet as marijuana without some form of analysis. Who could tell a tiny crumb, from a bird seed, from a pot seed in a car’s carpeting? An attorney skilled in cross examination could show how false that was. However, he also claims to have smelled the marijuana in the car as well, and that is where he will make his case.
(Updated August 30, 2007) |
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