You're right. An officer's discretion is the only salvation we have. If they had no choice in who is and isn't arrested and just enforced the laws black and white, we would be in trouble. Unfortunately, letting them have that discretion is also a common way that a cop is "dirty". There's a horrible paradox for LEO in that they see that the MJ war is ridiculous and a waste of resources, but that same war also subsidizes their paycheck.
I would suggest stating firmly, not screaming, I want a lawyer, I want a lawyer. That being said you can be held for 72 hours(in Cali anyway) without representation or even so much as a phone call. They have that long to finish the investigation and determine whether or not to file charges. 72hrs in interrogation is much better that 6 months in jail, but it can be a LONG 3 days.
I said I would let my supervisor make that call. I said I would not make an arrest. A good lawyer could VERY likely get him out of that. If the LL SMELLED pot and then called the cops, he's screwed. If the LL made an illegal entry, he has a shot at freedom. In the scenario you describe, a cop could get any individual to open a locked space and then make an arrest based on the findings(Well your Honor, he entered and I just happened to be there to see the incriminating evidence.) An illegal search, IMHO, is an illegal search regardless of who conducts it. Either scenario is likely to end up in court, but you have a better chance if there is an unlawful or even "Grey" search conducted.
How so? Please refer me to the law that a lawyer would use to get him out.
Your opinion doesn't matter, the law matters.
no fdd your the oven mitts !no problem, kettle.
Yes, there were times when I got a consent and pulled out my Gerber multi-plyer and started removing door panels. Imagine their surprise! (It was based off an informant tip and they were stopped for not making a complete stop)
Again, take any advice with a grain of salt. Have you ever been represented by a good attorney? I have. They suck until you need them. Advice for ANYONE who has the means, a retainer is inexpensive when you look at the possibilities. Mine costs $6000 to retain and that retainer isn't spent until I need him. Again, it would've been UP TO MY SUPERVISOR, who was much more seasoned, not me. And that would be the case for MOST patrol officers.
I completely understand your concern, as I think everyone else does too. I am simply offering my mind up for picking. NEVER take ANY internet forum post as law. EVER. Here goes the next disclaimer I guess. If you ask me a question and I answer(which I try to do for all), regardless of my confidence in my answer, check with a legal expert and/or your state and local laws. I would suggest Johnny Cochran myself, but that's going to be one hell of a long distance call.
