Laws regarding personal searches?

Question

So I was at a Minneapolis bus stop tonight waiting on a bus, when suddenly the bus stop suddenly stank of reefer, just as two cops came down the street. Anyway, to make a long story short they ended up searching my pockets, my bookbag and checked me for warrants based solely on the fact that the bus stop stank of weed and I was the only person standing there.

First question, is this SOP and were they perfectly within their rights to search me, regardless of my actions? Would they have been perfectly within their right to search me if they didn't smell weed but just didn't like the look of me?

And what if there were a group of people at that bus stop? Would they have searched everyone until they found the pot smoker?

Answer 1

You're at a bus stop, by yourself, you have the strong odor of suspected marijuana about your person...That's enough. How did they get to the point of searching you? They ask you if you had weapons? and then ask if you mind if they check? Because honestly there are several ways Law enforcement can contact you.

1. Consensual encounter: "Hey how you doing? We heard there were some guys smoking weed here you see them?"

2. Detention: Hey stay right there for me, you have anything on you?

3. Arrest: You are in handcuffs, "You're under arrest for ******* violation of *********."

If they performed a consensual encounter you may have given them permission to search you, and your belongings without even knowing it.

In the future try to avoid busstops that smell like weed.

Answer 2

If you were the only person at the bus stop...and that it was open air...and if the smell was strong enough, I could articulate that I had reasonable suspicion to believe you had been toking, hence the contact.

If they're were more people or if I just didn't like the look of you...I would not legally be able to compel the contact...that doesn't mean I couldn't still contact you, it means I couldn't compel you. Thus if you told me "good bye" and walked away I would have to leave you.

The problem for the citizen is that you really don't know what I'm investigating and why. Thus if I have a legal reason to contact you, and you try to walk away...we have a problem...but I'm not really obliged to tell you everything that's going on so you won't know until you're in cuffs...confusing enough...

Answer 3

Did you really call it 'reefer'?