This 18 year old country music singer from Montana was pulled over for speeding by a state trooper who is looking for reasons to accuse him of driving intoxicated. Even though he blew a 0.0 showing he had no alcohol in his system, and even though he did all the stupid human tricks he was asked to do, and even though he was 100% polite and cooperative with the officer, he was still wrongfully arrested and charged. A blood test taken after the arrest showed what any rational police officers should have known: that the kid was completely sober. Yet this happened to him. He wrote a song about it.
Jaden’s test results, both the official blood test and the urinalysis:
This video was submitted by Jordan, who was pulled over in Charleston, West Virginia while delivering food via an online app. He was pulled over for a broken tag-light. Officers then asked him to exit the vehicle. He was frisked and then made to watch, while officers searched his vehicle because they claimed to smell marijuana. Can cops order you out of your vehicle at a traffic stop for any reason? Can they frisk you and search your pockets for any reason once they order you out of the vehicle? Can they search your vehicle just because they claim to smell marijuana?
“[A] police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle.” Maryland v. Wilson, 519 U.S. 408, 410, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997) (citing Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (per curiam)). That rule, the justification for which is officer safety, extends to passengers, as well. Wilson, 519 U.S. at 414–15, 117 S.Ct. 882. (United States v. Vaughan, 700 F.3d 705 (4th Cir. 2012)).
The Fourth Amendment prohibits police officers from prolonging a traffic stop beyond the time necessary to investigate (and write a ticket for) a traffic violation unless the officers have reasonable suspicion that the stopped vehicle’s occupants are engaging in other crimes. Rodriguez v. United States, 575 U.S. 348, 354-56 (2015).
The odor of marijuana alone, as of the current state of the law, provides probable cause for officers to search a vehicle for evidence of marijuana possession – despite state laws legalizing the possession of marijuana under some circumstances. As the Fourth Circuit noted in United States v. Mitchell (4th Cir. 2018), “[t]his is especially the case so long as marijuana possession is prohibited by federal law, without exception. 21 U.S.C. 841(a)(1).”
