search with out premision

[oldman39040]

What is the name of your state? Mississippi
My son just purchase a car out of state (Florida) they placed a temp. tag in the rear window . he was coming home from the movies and was pulled over for improper use of a tag the officer came to his car ask for driving licences ran them and his tag when the officer gave licenes back ask who was in car when the officer saw a black boy in the car with him she ask my son to get out and said I think I smell herb (pot) then ask if she could search the car he said no so she said then your under arrest "I can search it now"
She called two other cops, searched the car for 2 hourys and found a small amount of pot (a nickle bag) He had 2,000 dollars on him siezed the money said it was drug money .
WHAT WAS HE ARRESTED FOR IN THE FIRST PLACE BECAUSE HE SAID NO?
CAN THEY KEEP HIS MONEY
HE RECIVED THE MONEY FROM A INSURRANCE SETTLEMENT FROM A MAN RUNNING INTO HIS CAR

 

[yikesimfreaked]

i had the same thing happen to me when i was arrested in indiana. i told the officer no that i didnt want him to search my vehichle. he then proceeded to grab his sidearm and said that if his life felt threatened that he could search my car. the police officer needs probably cause though. i.e. identifying a bag of marijuana in plain sight.
im not a lawyer or anything but ive been burnt the same way... about the money.... i had 300$ in my wallet and they collected it as evidence, but when i posted bail they allowed me to have my money. but i think it all goes by the situation and how generous they feel..

 

[I AM ALWAYS LIABLE]

i told the officer no that i didnt want him to search my vehichle. he then proceeded to grab his sidearm and said that if his life felt threatened that he could search my car.

My response:

Ah Ah, I know what you're thinking, punk. You're thinkin', 'Did he fire six shots or only five?' Now, to tell you the truth, I've forgot myself in all this excitement. But being as this is the .44 Magnum, the most powerful handgun in the world, and will blow your head clean off, you've got to ask yourself a question: 'Do I feel lucky?' Well, do ya, punk?

IAAL

 

[CdwJava]

WHAT WAS HE ARRESTED FOR IN THE FIRST PLACE BECAUSE HE SAID NO?
CAN THEY KEEP HIS MONEY
HE RECIVED THE MONEY FROM A INSURRANCE SETTLEMENT FROM A MAN RUNNING INTO HIS CAR

You cannot legally be arrested for refusing a consent search. You CAN be arrested based on probable cause. Now, I am not sure of the status of the law in MS, but it might be that the officer believed that the person was under the influence of marijuana or the smells is sufficient to justify an arrest. At the least, it might be sufficient to justify a search.

His attorney can say for sure.

However, it's gonna be hard to argue that the officer did not smell marijuana because marijuana was found!

And as for the money, chances are he will have to show that the money was obtained through legal means. I am wholly unfamiliar with seizure rules in MS, so I really don't know.

- Carl

 

[Mrs. D.]

Dirty Harry response - HUH?

State: WA

Some responses are just plain rude and others are unhelpful - mine will probably be in the unhelpful category as I don't the laws surrouding this action in your state, however.......I'd say some law enforcement agent was over-zealous and on a power trip. Too bad they found even a nickel's worth as my guess is there was probably no smell and a bored, power hungry cop.

 

[CdwJava]

I'd say some law enforcement agent was over-zealous and on a power trip. Too bad they found even a nickel's worth as my guess is there was probably no smell and a bored, power hungry cop.

And you base this assumption on ... what?

- Carl

 

[Mrs. D.]

cops

State: WA

Her son says, "no" to the search and cop says, "then you're under arrest - NOW we can search the car" (powerplay) and does so for two hours.

In the second post, guy says "no" to search so cop grabs his/her sidearm (what was their message there?)

 

[CdwJava]

State: WA

Her son says, "no" to the search and cop says, "then you're under arrest - NOW we can search the car" (powerplay) and does so for two hours.

In the second post, guy says "no" to search so cop grabs his/her sidearm (what was their message there?)

And there is nothing legally wrong asking for consent and then searching subsequent to arrest. My only problem with the original post is the arrest for the smell of marijuana ... that wouldn't fly out here. But MS may have adifferent standard. However, the smell would be sufficient to give cause to believe there was marijuana in the car, so a search could be pursued ... or the car seized and a warrant obtained. And a 2 hour search may very well be a slight exaggeration ... if they were so bored as to waste THAT much time, I would think that an attorney could move for an unlawful detention.

And the second post (regarding the gun) was by an unrelated party - not the first poster, thus not relevant. If you based your suppositon that the officer was on some sort of power trip using that statement, then you are merging two unrelated events into one.

- Carl