QUESTION
If a cop pulls me over and sees a bag of oregano assuming its weed uses it as probable cause, can I request the search to stop?
Asked on Oct 22nd, 2012 on Personal Injury - Michigan
More details to this question:
If the cops then see that, it is Oregano, can I request them to stop or is the car no open to a full search?
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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How can a cop tell what is grass and what is oregano? (without a lab report?)
Answered on Jun 26th, 2013 at 9:54 PM
Ronald A. Steinberg
Don't know, but probably it is open to search.
Answered on Oct 24th, 2012 at 4:25 PM
Criminal Defense Attorney serving Anderson, SC
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You can always request that they stop. Whether they can go further depends on all of the facts and circumstances. If it is obvious to the cop that it is oregano, and there is no other probable cause to search, the cops must stop.
Answered on Oct 24th, 2012 at 8:24 AM
Michael Paul Vollandt
Unless he is looking for spaghetti sauce he has not reason to further search.
Answered on Oct 24th, 2012 at 7:12 AM
Yes, you can request it, but the cop will proceed with the search anyway. You simply say it so you protect the record, so that the search can be challenged later on in court. The last thing you want the cop to say is that everything was consensual.
Answered on Oct 24th, 2012 at 5:58 AM
Michael J. Breczinski
You can request it, but whether he pays attention to you is another matter entirely.? He should not be able to say that he smelled weed UNLESS.....
Answered on Oct 24th, 2012 at 5:39 AM
Who really has a bag of oregano in their car that is not in a grocery bag? Yes if the police thought you had weed in the car and saw what appeared to be weed they can search the car.
Answered on Oct 24th, 2012 at 12:49 AM
Leonard A. Kaanta
They had probable cause to search your vehicle.
Answered on Oct 24th, 2012 at 12:16 AM