Ticket- Question about 4th Amendment

[Gidig]

Hey everyone-

So my friend just got a ticket for possession of paraphernalia and possession of marijuana. Whatever, that's a risk you take when you smoke. I'm not trying to get into a debate over if what she did was right.

She was smoking in her car on the side of the road and two cops came up. They said if she said no to a search, they'd have to search her car and they'd bring drug dogs in and all this. To me, it sounded like they were threatening her to get her to give them everything they had. Well it worked, she finally just handed over everything she had because she was scared. They said if she didn't they'd give her a DWAI and intent to sell marijuana. Luckily they didn't give her tickets for that.

They don't have the right to do this do they? She didn't voluntarily allow them to search, and got bullied in to incriminating herself.

I don't know the specifics of these laws, or if I'm just exaggerating. But is this something she could fight in court if she had the means? I'm curious for my own personal knowledge as well.

[Jocelyn.]

I'm pretty sure they have to have reason to suspect that she was smoking, but even if he said he just smelled marijuana that would have given him probable cause.

As for the drug dogs, they would sniff the outside of her car first... if the picked up a scent that would have given the cops probable cause to search the inside.

Sorry :/

[Sythan]

If they smell it, they have Probable Cause to search the Vehicle and her if they feel like it.

The 4th Amendment does not apply here, they had clear Probable Cause and with that, they did not need a Warrant to search.

[Thirteen]

I think everybody else is right. If they saw her smoking it, or smelled it, they have probable cause to search, considering in the USA, Marijuana is completely illegal. Well, unless she had a medicinal excuse, but something tells me this is not the case.

I'm sorry, but your friend is going to have to pay her ticket, and the cops were doing what they're supposed to do. Maybe your friend needs to avoid smoking it on the side of the road, and find a more safe place if she wants to partake.