Legal Question in Civil Rights Law in Idaho

Police Search without consent or a warrent
Our car was pulled over by an officer for having one headlight out. When the officer approached the vehicle he stated that he smelled marijuana. Immediately after this statement he began ordering us to exit the vehicle starting with the driver. Once out of the vehicle the officer asked us a few questions, plainly stated that he saw a joint in the vehicle, and asked for information pertaining to the location of the joint, and then without our consent started to search us. Paraphernelia was found on two of us along with a small amount of marijuana. But the joint which the officer said we were passing around was never found even after mulitiple officers searched the vehicle, nor was there any evidence backing up his statement that there was a joint. Was it legal for this officer to take us out of the vehicle, and search us without consent or a search warrent, merely on the basis that he believed to have smelled marijuana?

Asked on 1/16/02, 2:52 pm

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: Police Search without consent or a warrent

Yes. Even if he was mistaken, his belief that he saw a joint established probable cause when mixed with his smelling the marijuana.

Answered on 1/22/02, 9:07 pm

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