alright so today i go to pick up my friend from school cause he only has school twice a week until eleven. my girlfriend who goes to that school comes out to see me also when were about to leave the cop comes out of the school and comes running over to my car and opens my passenger seat and starts accusing us of smoking cigarettes which i did earlier but not at the school. so i come out with it and say yes i did smoke a cigarette cause i've learned lying to cops is a bad idea... than the k9 dude comes out and searches my car and finds an old bag of weed that i totally forgot about.. my charges was possession of mary jane, a minor tobacco, and paraphernalia... now my question is can the school cop come up to us and open my car and start yelling at us for something he had no Proff of... i understand that i was on school property but can they really just open my car with out permission don't they at least have to knock and ask to get into my car...
Answers & Comments
Verified answer
As long as he or she sees a reason to do so
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And your case was magnified by the nose of a dog who did all the real finding
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If the officer would of then there might of been a problem on their part
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But the dog did all the finding
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Please do not listen to most of the other people answering as they're not lawyers or police officers.
Unless smoking is against the law, not school rules, the LAW, on the school campus, the police officer doesn't have probable cause to search your car by just smelling tobacco smoke. Marijuana smoke, yes! Tobacco smoke, no!
The leap to bringing a K9 in is, at best, a stretch of probable cause. Probable cause, despite what the paranoid answers state, means that an officer must see, feel, smell, taste, or hear evidence of a criminal act. Unless I'm missing something, the officer didn't have probable cause to search your vehicle nor did he have the right to search unless you gave permission. If you gave permission, you're caught! Get a lawyer.
In any event, get a lawyer. Make sure you document the event NOW by writing everything down that you can remember. Concentrate your efforts on defeating the officer's probable cause for a criminal act.
Good luck. Get a good lawyer.
Cops can do whatever they want...period. Thumbs me down but they always have some silly loop hole to do anything. Probable cause? That can mean anything they want it to. My friend got pulled over for driving "too well" which is "suspicious looking late at night"
School property?
As soon as you entered you gave up all normal search rights.
you are on school property. Better known as government property. so guess what ? the police has the right to investigate and question. You need get over it and move on. There is nothing you can do about it.
Only with probable cause. consult a lawyer, now. And stop talking to cops. Just shut your trap and say I need to talk to an attorney now!!
Quite sad at all the thumbs down from all the morons who don't know their basic rights.
No wonder this country is on the verge of becoming a police state.
Your papers please.
Here is a quote from a man you probably don't even know but it applies to you very well.
"Life is tough....it's tougher when your stupid"
John Wayne
Matter of fact, no he don't got the right too.
Yu need to read over them.
Cause they can't just do that.
You have a right to say No.
If yu persue them as God,
thas how they goin act.
yeah he would have to have a good firm reason AND he should ask permission.