From morning paper (was long story, made short)

Titled Car trunk search debate opens in Supreme Court

TALLAHASSEE (AP)
Almost five years ago, a Clearwater police officer pulled over Kellen Betz over because his Pontiac Fiero had a headlight out.

On Wednesday, lawyers were in Florida Supreme Court arguing whether the veteran officer should have searched Betz's trunk after smelling a marijuana cigarette through the cars open window.

The officer found a bag of marijuana on Betz and then discovered more in a metal box in a briefcase in the trunk.....

....Assistant public defender representing Betz said, We argue that there was never probable cause to search the trunk in the first place.

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Well, I guess we better fix those headlights !!!

Well, I don't think they'll have too much trouble showing probable cause if the cop could smell the marajuanna smoke.

I guess the lesson is... only break ONE law at a time, and you might get away with it.

Bet he wishes he had the T-tops off !

Ahh, but officer, that's just the Fiero 'new car' smell !! - no, really !

[This message has been edited by CoolBlue87GT (edited 12-06-2001).]

How do we know he smelled mj? He might just have smelled the classic Fiero aroma!

My opinion from a Minnesota law standpoint is it was an illegal search.

Our search criteria says an area in immediate control of the driver, which in a Fiero is the entire passenger compartment.

The trunk is not an area under the drivers immediate control so unless the driver gave a consent to search it will probably get tossed out.

I am suprised it made it that far but Tallahassee may have a different standard.

My .02

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'84 SE 2.5l
'85 Coupe 2.5l now getting a 3800
'86 SE 2.5l

two lessons:
- make sure your headlights work.
- smoke your marijuana at home

Great, Now more bad press for the Fiero. Now instead of hearing about "Don't them things catch fire???" People will say "I thought only druggies drove them things!!!"

Remember SAY NO TO DRUGS!

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Josh

My pics Join New England Fiero Association

If that happened in Ohio, the officer has every right to search any part of the car regardless of what he pulled the guy over for...all they can say is.."you were weaving or safety check or whatever.." maybe Florida has different laws

So, this means that if your Fiero is smoking it may be something other than oil???

Heard a story like this in CO. The judge told them to give him everything they took out of the trunk. They handed the guy the MaryJane, and he accepted it! They arrested him on the spot! HAHA Fools and their pot are soon parted!

The cop was just jealous 'cause his wife wouldn't let him buy a Fiero!

Probably was hoping the judge would confiscate the car and he could get it on the cheap!!!

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Steve
1988 Formula 2.8L V6 5 speed
(Red and shiny all over!)

quote Originally posted by 88CoupeV6: Remember SAY NO TO DRUGS!

I tried... They wouldn't listen

I used to have a weblink about a Maryland case. It more or less said that the search could not be conducted in the same stop as a non-drug related stop. The officer would have to do the traffic ticket write-up, say " you can go" or "You're free to go",
then, ask for permission to search the car.
In other words, you can't stop someone for a tailight being out, then proceed to search the car just because you suspect some drugs.

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Don't be so open minded your brains fall out!

woohoo! Go fieros!

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http://surf.to/fiero

Crappy luck for the guy who got busted, but in my very limited knowledge of the law wouldnt smelling pot in the car give a cop due cause for a search.

Up in my neck of the woods most cops will just look the other way when it comes to pot... unless you give them reason not to.