Better Call Glew: What Is This Cop Doing In My Car?

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Jay Brockman
I was out this past weekend at a house party when I had to drive my friend to the store to buy some cigarettes. I was still sober so I said yes and when we got outside I saw a cop car parked in the street. I started driving and the cop followed me and a couple of blocks later he pulled me over and told me I stopped past the line at a stop sign. The cop then asked if he could search my car. I didn't want him to, but I let him--even though I had a quad of bud--because I figured if I cooperated, the cop would just let me go. This didn't happen. After searching my car, he found the weed and gave me ticket for it. He also left my car a shitty mess, dumping my backpack, glove box, and anything else he could find all over my car. Is there anything I can do to stop a cop from searching my car?  Also if I get a medical marijuana recommendation before my court date will it help with the weed ticket?

You, my friend, are a living testament to the fact that no good deed goes unpunished! First and foremost, why did you let the police officer search your car?

Literally, nothing good can ever come from consenting to a police search, so why just give it to them? Make them work for it!

A police officer cannot search your car unless he or she has a search warrant or probable cause to believe there is contraband in your vehicle. If you are pulled over and an officer asks to search your vehicle, simply decline. You have nothing to lose, and if the officer does have a warrant or probable cause to search, I'm sure he or she won't be shy about letting you know.  Bear in mind, your refusal may be futile if the officer isn't the most ethical guy on the force, but why not exercise your rights if you have 'em?

As to your second question, the answer, my friend, is no. Unless you had a physician's recommendation to use medical marijuana at the time of the offense, it will not help you in court. However, if you do plan on utilizing marijuana in the future, for your medical needs, I would highly recommend visiting your local doctor, to see if you are eligible for a physician's recommendation to use medical marijuana. If you do so, you can save yourself a lot of future hassle and aggravation dealing with the police and the criminal justice system.

Remember, next time a cop asks to search your car, just say no!

Send all your questions (marijuana-related or not) to Glew at glewkimlaw@yahoo.com. 
Remember: Better Call Glew!

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11 comments
FishWithoutBicycle
FishWithoutBicycle

If the police are allowed to take such ridiculous liberties with "probable cause" these days why even have the 4th Amendment anymore?

20ftJesus
20ftJesus

Off topic but I wish the OCW would do a follow up report on that psycho Hagerman.  He must be beating up old men and women given this track record. 

Cozism03
Cozism03

i know that if you are on parole or probation. they will usually pull you out and search your car. if you got nothing to hide let him search your car. if you say no, then they'll think something is up. save yourself the hassle of going through all the bullshit. it always works for me. 

909Jeff
909Jeff

"probable cause to believe there is contraband in your vehicle."I promise you... if you say no they will still search and then claim that the "Smelled" something or something on the floor slightly under the seat looked suspicious.  Probable cause is ambiguous.  

It happened to me with the Irvine Cops in 97.  I tried to complain andwas told it was my word against the cops.  I was pulled over for speeding and they decided to conduct a sobriety check, I had not been drinking but it was after midnight.  The cops partner started searching my car. I objected stating that i did not consent. He said he didnt need it because they had "probable cause".  They let me go but fallowed me all the way back to the front gate at El Toro.  

Bill T.
Bill T.

It's an old, old story.  sigh.

OC Injustice
OC Injustice

If you're on probation, with search terms, you have no rights and zero say in if a cop is going to search your shit.

909Jeff--Irvine PD followed you all the way to front gate of the El Toro Marine Base? That would figure. I'm sure IPD doesn't hire veterans, just a bunch of dipshits with Ph.D's.

Oh yeah, Fuck Hagerman.

20ftJesus
20ftJesus

My buddy granted consent to that asshole douchebag Hagerman and his car was torn to pieces.  Hagerman found nothing, then made a smartass statement and left. 

20ftJesus
20ftJesus

I saw a report that he's mostly doing funerals, menial tasks. 

Let's not forget that other psycho that shot a man delivering lunch to his mother at church because he made an illegal turn.  Last I heard, he was working gang detail.  

909Jeff
909Jeff

Yes... We were coming back to base from a concert at Irvine meadows and rolled the stop  turning right on to Sand Canyon... He didnt cite me for the rolled stop either.  they just thought the were gonna nab a couple drunk Marines... 

(It was Rage Against the Machine so I was pretty pumped up!)

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