When searching a vehicle

[JJ Bones]

Now I know this may seem like more of a general question rather then specific to California MMJ...

That being said, I have a quick legal question. Lets say you get pulled over, and the cops get to the point to search your car (granted I know my rights etc I'm just getting to the point). In my truck I have a small black lock box. I keep it hidden in a compartment under a back seat. Say police got to it, legally do I have to open this for them if it came to it?

Would the situation be different if you were a legal patient or not?

 

[Hightide805]

i think in california you would have to open it, they don't treat a car like a house, i think you have to do what they say or you would loose your licence, i'm not 100% sure though.

and yes, it's ok to travel with it if you are a legal patient, as long as your not smoking and driving.

 

[Litfox]

Get the DVD Busted. You can find it at BUSTED: The Citizen's Guide to Surviving Police Encounters It tells you exactly what to do and what your rights are. If you are a legal medical user with a Dr.'s Recommendation, you are completely legal. They do not have the right to search your car without a search warrant. Know your rights. Get the DVD. You'll be glad you did.

 

[BWC BayArea]

Play it safe

In my truck I have a small black lock box. I keep it hidden in a compartment under a back seat. Say police got to it, legally do I have to open this for them if it came to it?
Would the situation be different if you were a legal patient or not?

I look at it like this, if ur asking this question ur probably already doing too much. Play it safe, use ur head. If meds are in the box, hell yea it make a difference (in CA) if u have a current prescription. If u have contraband with ur meds, U gonna probably need a lawyer. In CA when ur pulled over and u give them permission to search ur vehicle or if they have "probable cause" or a "reasonable suspicion" I don't think its different than a locked glove compartment. It in the cab, they'll search, find it, ask u to open more than likely. If ur uncooperative U WILL be detained (probably while a search warrant is pending to open it). This would be the right way, but were talking about civil servants (these dudes aren't Harvard grads) all u need is a diploma and no felonies to apply. It could play out a # of ways. Now a car with a trunk, different story. My opinion, I'm not a lawyer or a cop.There's a DVD u can google I think its called BUSTED, that runs down encounters with law enforcement and how to handle them. check it out. Boring (u gotta be medicated) to watch IMO, good info tho. I just saw that some1 else posted the info bout the video. Hey it must be good for something,LOL.

 

[Hightide805]

do you need a seach warrant for your car? (in california) i was told they don't need a warrent, just reasonalbe suspision to search... (which we all know cops can say anything from smell thats not there to slightly glazed eyes would do it)

 

[BWC BayArea]

About a car search and a search warrant.

do you need a seach warrant for your car? (in california) i was told they don't need a warrant, just reasonalbe suspision to search... (which we all know cops can say anything from smell thats not there to slightly glazed eyes would do it)

If u don't open a locked compartment or trunk and they feel the need, yea a warrant is in order. That's the right way. Differently cops get down differently. If ur in a high crime area minding ur biz and there was just a violent crime that has police canvassing the area. U just driving and get pulled over because U or Ur vehicle "fits the description" all of the "right way" shit is out the window. For real, that's been my experience. If u get off with simple harassment and confiscation and u have other legal concerns or issues I wouldn't pursue it. It costs money and takes time to get u confiscated meds back I was told. I talked to a guy at the courthouse once and he told me it took him 8 months to beat the case (searched his trunk w/out consent). The trunk contained a weapon(which changes the legal view of medication to street drugs) and a pound. Yea $6500 later, slap on the wrist, no time, fines, community service, weapon gone, cannabis gone. Just play it safe, I'm sure U have good sense.

To answer ur question, if they "see" something in plain view or "smell" something they have the right to search that area (often time the cab or passenger/driver's area) in a CAR in CA.

 

[JJ Bones]

I have seen BUSTED a couple of times. I was just curious if having it in the lockbox was smart or not. Thanks for everyones quick replies.

 

[818patient]

You dont have to consent to a search. If they have probable cause they can and will search you. If they ask a patient If they have any illegal drugs, we say no.
When found we explain Its our medicine. Keeping your medicine In a locked place Ie trunk, box etc. Is what you need to do when transporting. If you cant reach It or smoke it you come out looking better. Hope that helps. Take care

 

[818patient]

I highly recommend all patients get the The Margolin guide.
Its free to cali residents and I believe he has a web site. A must have for all patients.
Los Angeles Criminal Defense Lawyer | Bruce Margolin | California Attorney Marijuana Charges 1-800-420-laws.
He Is an attorney and he covers the laws for all 50 states.

 

[DVSmofo]

been through this. its a good thing you carry that box. they CANNOT IN NO WAY open anything including a locked glovebox or center console without a warrant. tell them to kick rocks if it happens.

actually we are suposed to carry our medicine in a locked box at all times unless it is in the trunk.

 

[DVSmofo]

Re: About a car search and a search warrant.

If u don't open a locked compartment or trunk and they feel the need, yea a warrant is in order. That's the right way. Differently cops get down differently. If ur in a high crime area minding ur biz and there was just a violent crime that has police canvassing the area. U just driving and get pulled over because U or Ur vehicle "fits the description" all of the "right way" shit is out the window. For real, that's been my experience. If u get off with simple harassment and confiscation and u have other legal concerns or issues I wouldn't pursue it. It costs money and takes time to get u confiscated meds back I was told. I talked to a guy at the courthouse once and he told me it took him 8 months to beat the case (searched his trunk w/out consent). The trunk contained a weapon(which changes the legal view of medication to street drugs) and a pound. Yea $6500 later, slap on the wrist, no time, fines, community service, weapon gone, cannabis gone. Just play it safe, I'm sure U have good sense.

To answer ur question, if they "see" something in plain view or "smell" something they have the right to search that area (often time the cab or passenger/driver's area) in a CAR in CA.

bwc, just to let you know, probably cause does not give them the right to search a locked compartment. they need a warrant plain and simple. probably cause only gets them into the opened car