Warrantless search - Rogers County

[tweetr]

Is anyone familiar with the Rogers County Sheriff's department?

My 20-year-old son was pulled over this morning for a "tail light" by three SUVs from the Rogers County Sheriff's Office, was told they "smelled weed", handcuffed him, his car was torn apart and searched by the K9 that was already there. They told him the dog alerted on his car. Couldn't find anything, but his trunk smells strongly of weed, and if he would just "tell them where it is" they would drop all charges.

This is all utter nonsense. He has never touched the stuff, never had any in his car, doesn't smoke, drink, chew, or anything. He really is a nice guy. They obviously had a vehicle description that matched his Corolla, because they were already loaded for bear. I guarantee any mention of an alert by a dog or by a person "smelling weed" is a complete fabrication.

The problem is the warrantless search without any advisement of rights and without any remote probable cause. Not to mention placing my son's very life in danger without cause! Fortunately he is a very nice guy, did not get belligerent in any way, did not resist in any way. But you can see the problem if he had lost his temper.

Is anyone familiar with Rogers County? (We live in Washington County and are not familiar with Rogers.) I need to know who to talk to, where to file a complaint, and so on.

Thanks.

 

[SPDguns]

Without disputing the facts:

If an LEO smells marijuana in a vehicle and an occupant can't produce a medical marijuana card, there is probable cause to search the vehicle without a warrant. Miranda is also not required in these circumstances. Also see Carrol V. U.S. 267 U.S. 162 Warrantless search of a vehicle.

To file a complaint, you will need to contact the Roger's County Sheriff's Office.

 

[tweetr]

Thanks for the reference. Looking it up.

 

[WoodsCraft]

Exigent circumstances is routinely abused by law enforcement for a whole host of reasons. I thought I smelled weed is as good an excuse as any a cop can come up with off the top of his head .

 

[Roadking Larry]

Sheriff Walton is a jack booted thug, no surprise his deputies are as well.
I lost all respect for the man after this incident.

Rogers County Pays Dearly For Sheriff's Brutality

Chip Paul was awarded an undisclosed sum of money as part of a federal lawsuit settlement, last week.

www.soonerpolitics.org

As a Rogers County resident and taxpayer I do not appreciate having our taxpayer funds wasted to support Walton's actions, the judgement should have come out of his pocket. Qualified immunity is bullsquat and needs to be eliminated.

 

[tweetr]

I guarantee that was not the reason for the search and is in fact a lie. The actual reason almost certainly is a vehicle description.

"3. Search without a warrant of an automobile, and seizure therein of liquor subject to seizure and destruction under the Prohibition Act, do not violate the Amendment, if made upon probable cause, i.e., upon a belief, reasonably arising out of circumstances known to the officer, that the vehicle contains such contraband liquor. P. 267 U. S. 149."

This search would not comply with my reading of Carrol as there was no probable cause to form a belief reasonably arising out of circumstances known to the officer that THAT car contained "contraband." And, I further add, there was no seizure of [marijuana] from the vehicle because there was no [marijuana] in the vehicle to be seized!

Is marijuana even "contraband" in Rogers County, had they found any?

 

[okcBob]

If you feel wronged, call a lawyer. They can explain the law & may have some insight into the local police habits

 

[OneMoreEvan]

"Can I search your car? What do you mean no? I smell weed, I'm gonna do it anyway. STOP RESISTING!" POW POW POW POW POW POW -Average cop these days

 

[sh00ter]

If you feel wronged, call a lawyer. They can explain the law & may have some insight into the local police habits

Cops use those types of excuses all the time, youtube full of videos where they first say they smell alcohol, then when the driver is found to be sober, then then say they smell weed. I don't know how those guys that do that type of thing sleep at night, corrupting the uniform. And of course if someone sues later, they get paid back their own tax money. Sad...I think they get a lot of special funding for "drug intervention task forces" so they have to stay busy to justify their funding. Non-corrupt police working a dangerous job will always have my respect of course.

 

[Rez Exelon]

LOL....do you think the law cares about us? They'll investigate themselves, find nothing wrong, and then likely start smelling weed more often around his car or yours. LEO's have no inherent duty to serve and protect and can lie all they want per SCOTUS.