Police Search And Arrest

Summary

In Alabama, your Fourth Amendment rights protect against unreasonable searches. Refusing a vehicle search is within your rights. An open-air search with a K-9 is legal, but leash manipulation could challenge its validity. CBD is legal if it contains less than 0.3% THC, but it can be mistaken for marijuana. To address this, consult a lawyer to challenge the search and arrest, gather evidence like your CBD receipt, and document all details.

Full Conversation

Was this legal; what steps should I take next? Parked outside of gas station in a parking space, and was not blocking gas pumps. I am in my personal vehicle, and it is not running. I’m at said store to play the quarter machine, but upon arriving I see it is occupied. I decide to wait in my vehicle until the machine is available. I fall asleep. I’m woken by a police officer “What’s going on man?”. I reply “I was waiting to play the quarter machine, and dozed off. I’m okay.”. The cop then asks for my DL, to which I comply. He asks me to step out of vehicle, to which I comply. He asks if he can search my person, to which I consent. Then, he asks to search my vehicle to which I do not consent. He then says state law permits an open-air search with K-* of vehicle exterior. Search begins and cop makes unusual gesture with leash, dog alerts. Search continues, leash is manipulated again, and dog alerts again. Cops begin to search vehicle interior by hand. They find a cbd pre-roll, I legally purchased from gas station. They tell I’m under arrest for POM 2nd and Poss of drug paraphernalia. I tell them it is from the store, they reply “I’m not a rookie. I know marijuana when I see it. Do you have your receipt?” Jailed. Vehicle impounded.
Your situation raises significant legal issues, including the legality of the police search and the arrest. Here are some points to consider:
- Fourth Amendment Rights: Protects against unreasonable searches and seizures. Your refusal to consent to a vehicle search is your right.
- Open-Air Search with K-*: While legal in many states, the manipulation of the leash could be grounds to challenge the search's validity.
- CBD Legality: CBD is legal in many places, but it can be mistaken for marijuana.
To move forward, consider:
*. Consult a Lawyer: Given the complexity, a lawyer can help challenge the search and the arrest.
*. Gather Evidence: Collect your receipt for the CBD pre-roll and any other relevant documents.
*. Document Everything: Write down all details while fresh in your memory.
What's your location? This will help provide more specific legal guidelines.
Alabama
****, given your situation in Alabama, here are some specific points to consider:
- Alabama Law on CBD: CBD derived from hemp is legal, provided it contains less than *.*% THC.
- Fourth Amendment: Your rights may have been violated if the police manipulated the K-* improperly.
To proceed:
*. Consult a Lawyer: This is crucial given the potential rights violations.
*. Gather Evidence: Keep your receipt for the CBD pre-roll.
*. Document Details: Note down everything that happened.
Would you like contact information for a local attorney or legal aid service?