My girlfriend was driving home through a small rural town when she was stopped by a Pennsylvania State Trooper, the troopers approached the vehicle and said that she had been swerving over the line. At which point he started to examine the car, then asked if we had anything they should know about on me, I said no sir and he went back to his car and ran the license/reg. When he returned he asked my girlfriend to step out and the other trooper asked me to step out also, he told me he saw my bowl in the car and wanted to search. I told the trooper there was pot in the back so I might get in less trouble. I had been arrested last summer for possession of more than 8 oz of marijuana in New York state, i'm just trying to figure out roughly what I'm facing here. Thanks for any help or advice all.
You don't get in less trouble for confessing you get in MORE trouble. If I have said this once I have said this a thousand times: ALWAYS KEEP YOUR MOUTH SHUT. You weren't even the driver of the car. You had no obligation to do or say anything. You had no obligation to show your ID. Your answer to the cop's question should have been "officer, I don't answer questions." If he asked for ID, you should have said "officer, under Brown v. Texas I am under no obligation to show identification and I will not." Since it was not your vehicle you had no standing to object to the search, however, your driver should have made it clear that she was not consenting to a search. However, once the search started, why did you flap your gums? What was the purpose on becoming a witness against yourself? If he had just found it it was not your car and you were not driving. Sure, you would have gotten arrested but it would have been up to the state that you jointly possessed the pot with your friend. Now, since you told the cop where it was they can in fact prove it. Dumb, dumb, dumb. So, the lesson for today: NEVER consent to any searches by saying when asked "officer, I know you are just doing your job but I don't consent to searches." NEVER answer questions by saying "officer, I know you are just doing your job but I don't answer questions." Never give up your ID unless you are driving, and then only give the driver's license and nothing more - don't give your ss# or anything else.
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