Question about car searches?

[nathanm]

Hi,
I have a question about a car search. A cop saw me and my friend in my car. My friend was driving, cop knew my friend had suspended license (small town...). By the time the cop actually catches up with us, my friend and I have exited the car and we're walking across a parking lot. He stops us. Friend ends up searched, he has pot and pipe. (other cops arrive) I get searched - nothing. Cop then asked me for consent to search my car. I said no. Cop takes keys, goes back to my car, unlocks it, searches it. He finds a grinder - it had not been in plain sight.
Did he have the right to search my car?
I thought that if you were stopped IN a car, then cops have several options/rights for searching a car.
So...what if you're no longer IN the car, and it's sitting a short distance away, locked...?

[TEXASCOP]

1. The officer just observed your friend in custody of the vehicle.
2. A marijuana pipe was just found on your friends person.
3. The pipe gave the officer probable cause to check the car, because your friend was just in care custody and control of the vehicle.
4. He may have asked for consent from you just to see what your response was, although consent wasn't needed.
5. Although he didn't conduct a traffic stop in traditional fashion, it was still a traffic stop.
6. The officer observed your friend driving a vehicle with a suspended license.
7. The vehicle was the tool of which your friend was using to commit an offense (driving on a suspended license)

Good search, vehicle searches do not require a warrant, due to their mobility.

Here is an example of a bad search. If he would have seen you driving alone and lets say you failed to signal. The officer catches up, you are parked and out of the car and you just met up with your friend in the parking lot. If he finds the pipe on your friend who was never in the car then searching your car is kinda off limits.

From my experience pot heads don't realize how strong the odor of marijuana is because they are around marijuana all the time. The don't notice that all the shake they spill on their floorboard emits
(to a fresh nose) quite an odor that gives the police PC to search their car.

Conclusion: Don't let your friend with a suspended license drive your car and quit smoking weed.

[Kimble]

Texascop summed up what the extent if what is good for public posting. Beyond that goes into law enforcement tactics, which will not be discussed on our public forums.