Was this search warranted?

Ok, I was searched the other day which didnt really result in any repercussions but still I believe it was done illegaly. Me and a friend were down at the park smoking a lil bit when we see a cop drive by. We weren't smoking at the time so we thought we were fine but got up and left anyway. We didnt run we just slowly packed up what we had and walked off. The police car hadn't stopped so we were not worried. After walking of down the road we turn off to a street to the right and after walking about 20m down the road we see a police car drive past on the road parallel which we had just turned off of. At this point we were a little bit worried so we talked about what we would say if they stopped us about rejecting a search. So as we walk further down the street the police car turns onto the road we're on and stops next to us. We also decided to clear our txt history while walking because we had been discussing picking up an O. The police car stopped next to us and took down our info. The officer then told us that there had been a complaint about some people smoking dope down at the park. The officer asked us why we had left as apprently she saw us but we just said our friends had given us a call so we decieded to leave. She questioned us if we had any marijuana on us or had been smoking but we denided it. She then asked us to empty our pockets and the bagpack I was wearing as 2 more police cars drew up. Me and my friend told her we did not consent to a search and wouldn't empty our pockets or bag. She then went on to say as the before the other officers got out of their cars that it was a criminal investigation now and that she could do whatever she wanted. I emptied my pockets but had no weed on me and only a small pocket scale that I was lucky they didnt see but my friend had 2 joints and about 2 grams. They first officer to arrive took the weed and drove my friend home while the other 2 followed me to my house. Was that an illegal search?

I dont think it was illegal if someone actually called....but she could have just said that because she might have profiled you! Either way dont think you can do much about it cause it will be your word against a cop and your friend got busted with some herb and you were with him. Sucks to hear man!

Either way, 3 cars for 2 stoners in a fucked ratio

you should not have got up and left right when the cop showed up. that is the most suspicious thing you could possibly do. and no you didnt have to empty your pockets. they can ask for your id but if they didnt see you smoking or smell it or anything they cannot just randomly check your pockets. never listen to a cop who tries to deny you your rights. they will lie to you and say bullshit like " i can randomly search you cause its a criminal investigation" just to get you to do what you did and empty your pockets. if you assert your rights and they still search you take that shit to trial..... but in this case you will look fishy because there was a report of people smoking, you were smoking and still had stuff on you, and you got up and tryed to leave right when the cops show up. not smart. whoever called the cops on you is a piece of shit. they should mind their own business.
dont act suspicious around cops. dont be afraid of cops especially if all you have is a joint or 2.. leave the scale at home they willl fuck you for it..... and that proves my point that they didnt have the right to search you because technically they didnt search you, you willingly emptied your pockets. they would have found that scale had they searched you. it was good that you rolled joint instead of having a pipe.. where i live the punishment is more severe for having a pipe (paraphenelia) then it is to have up to 100 grams of weed.

Yeah gotta keep your cool with cops! I got pulled over a while back when I was making a delivery of an O for a friend and got pulled over for a cracked windshield. I had the O in my pocket next to the window. Just kept my cool and talked to him like I was on my way to a job and said I just hadn't had the time to fix it yet. He shot the shit with me for a min and gave me a fix it ticket! I was lucky cause that would have been a felony. Just remember to keep your cool talk to him like he was Joe Schmoe and that has saved me more times than I can count.

Well I don't know about your laws where you live. But my buddy is in police foundations and I was checking out his books it said you must be read your rights before a personal search. Meaning your getting arrested. If they suspect anything however they are allowed to search you I'm not sure if this falls under a personal search as well.

In the end you sounds like a kid 18 or under so your not allowed to be here And if she drove your friend home cause he had 2 grams I'd say your under 16.

Marijuana is illegal, don't be a dooch and you'll be fine

About the scale, I put it on the ground with my cell phone and ipod. It one of those iphone scales so thats why Im at home and not sitting in a cell with a pole up my ass

I'm 19 and just moved back with my parents for the summer. They just followed me back, they did not assist me in any way. As for my friend he is also living at home and they offered him a ride. The way we see it they're the only taxi serivce that you can pay for in weed

I've used the following lines in a very similar situation.

yeah we could smell it that's why we left. Are you kidding me? I don't want to be around that shit I hate how it smells.

Back then though cops were not automatically allowed to search you for a weapon during ANY encounter like they seem to be able to do now. Trying to sell that BS in your situation would have probably gotten you more jammed up than you ended up. What happened after you gave up your rights and emptied your pockets? The cop felt the outsides of your pockets really well right? Had you missed pulling something out and the cop felt it she would then have cause to go into your pockets independent of any "I was checking for weapons" claims.

The problem with the question "Was this search legal?" is even if any of us bongside lawyers gives you the right answer is none of us is the SINGLE judge who would actually make that legal decision. One guy in a robe with some waked complex that makes him bang on his desk with a wooden hammer gets to make that call. Unless you have some damn good evidence you can physically hit him in the face with chances are he believes whatever the cop tells him.

I feel VERY strongly that we all need to stand our ground when it comes to our rights but you have to pick your battles. I have had a state trooper KNOW what he was feeling in my front jeans pocket was a 1/4 oz and a pipe and with him BARKING at me "WHATS IN YOUR POCKET? WHAT IS THIS?" I did two things. Refused to answer his questions as to what was in my pocket, "I have no idea officer I have a lot of stuff in there, keys, change...I don't know what you're feeling" and two I refused to allow him permission to search my person. I DID however consent to his searching my car.

I always advocated keeping anything you don't want found ON YOUR PERSON. I'm not so sure that's still the best way to go but hear me out.

Yes keeping anything you don't want found on your person ties it directly to you that's 100% correct but if LEO finds anything stashed in other property belonging to you it's yours. Argue all you want, claim you don't know how it got there...whatever none of it works. Unless someone else tells them it's theirs and the cops believe them it's your contraband. Your property does not always have the same protection from rights as you do meaning there are times when LEO can search your property even though they may not have probable cause to search you. He smells pot coming from the car and searches it. Anything he finds he's going to put on you OR he's going to pressure you all till someone cracks and cops to it so it's pointless worrying about "if he finds it ON me he knows its mine". If he finds it you're probably screwed anyway and this way you can make it quite clear you do NOT consent to a search of your person so that if the cop IS in the wrong maybe you have a case to get it tossed. It also prevents something like the cop finding it near where someone else was sitting and that person being threatened with being charged unless they talk.

The is ONE person you can trust in life and that's YOU. Dipshits might still get you pinched but the less put them into situations where they can be squeezed the better.

Also remember that anything in plain sight, sitting out in the open where anyone could see it is fair game. So anything you toss to get rid of or you homer simpsoned and forgot about...if it was in your pocket, he would have needed a real reason to go in there and find it. If you toss something and they find it they don't care they will charge you all with possession if nobody owns up...even if they didn't see you toss it. God forbid you're ever standing around when a cop just happens to find contraband.

Keeping it on you and then defending your right not to be searched is the best defense you have. Don't try to stop a cop from searching you and NEVER TOUCH a cop. Even an inadvertent gesture that makes contact with an officer can be construed as an assault. Other than looking the officer directly in the eye and making it crystal clear verbally that you do not consent to his search of your person or property KEEP YOUR MOUTH SHUT! Don't even answer yes or no questions, any word out of your mouth will be used as an admission of guilt or if proven that you lied to the officer further charges could be brought and they WILL try to use this against YOU to get you give up what you know about others.

Thanks for the indepth response. I think probaly keeping my mouth shut could have helped me a little. Still smoking in a park is sketch and wasn't the best choice. Im just happy it didnt turn out worse.

Me too man, me too