I'm just disappointed I was put in the cruiser when I had nothing, can the opp officer charge both of us if passenger is the one holding?? Or did he just want to search our truck? He did not read our rights nor ask if he can search the truck. Was my rights being violated?
But since you weren't charged, I think it's safe to hear layman's opinions.
Your rights were violated but it is a permissible violation. If an officer has reasonable and probable grounds (like an occupant handing over 2 roaches or the strong smell of drugs confirmed by a K9) that they believe they may find drugs in the car they can search without a warrant. You were both arrested for your own safety and the officers. No officer is about to let you stand on the side of the road while he searches your car with his back to you. Upon the officer finding that there were no other serious criminal matters he decided not to pursue charges against you due to the relatively minor nature of the charges and you were released without charge.
He doesn't have to ask you to search if he has a reasonable suspicion to do so. The smell of weed is enough for him to search, not to mention your passenger gave up his drugs.scmedicine wrote:He did not read our rights nor ask if he can search the truck. Was my rights being violated?
As for whether or not you can play innocent and blame your passenger just because he's holding it and you're not, well not always.
There are different types of possession (Personal, Constructive, Joint). If you car smells like a hotbox, it's a bit harder to argue you had no knowledge or control of the situation. You could be considered to be holding drugs in your vehicle for your own benefit, passenger, or both. Luckily, it wasn't enough for the officer to even bother.