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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13168
Experience:  Experienced in multiple areas of the law.
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Last night I was involved in an incident......Cops approached

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Last night I was involved in an incident......Cops approached me and 2 of my friends (in their vehicles) They got out could instantly smell marijuana (we just got done smoking a blunt) they put us against the wall asked where pipes were or any other weed. We didnt have any..... When searching one of the people i was with a bag of cociane fell out. He immediatly was handcuffed and taken to jail. I was released without any charges but they asked foy a statement. I wrote...."I was smoking a blunt when the officers approached us"...............I know I am not guilty of anything however I am curious if I screwed my friend? if i gave them probable cause (i assume they already had it)? did i do the right thing? i dont want to be considered a snitch.........
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The police didn't need a statement from you as to your friend. They smelled the marijuana, so they had the right at that point to search you, pat you down, ask about more drugs. The drugs were found on him. You didn't do anything wrong, although I would say it's never a good idea to give a statement to the police without talking to a lawyer -especially not in writing. You were not under any legal obligation to give a statement, even if the officers made it appear that way.

The question is - and it's not clear from your facts - why did they approach you and your friends intially? Did they smell the marijuana as they were driving by, or see you doing something illegal? f so, then they already had reasonable suspicion. If you were just standing outside talking and the police stopped, that's a little bit more iffy. Of course the officers are going to claim they had reason to stop "Oh, we were driving by and could smell the marijuana", so it'd be hard for your friend to challenge it.
Customer: replied 3 years ago.

We were standing outside of a bar after closing time. I guess all I really wanted to know from my statement (in your opinion) would not be the deciding factor in this case???? nor did I incriminate my friend????

No, I would say your statement is not the deciding factor at all. They searched your friend, and found the drugs on him. That's evidence enough. You didn't incriminate him at all -what was found on him during the search is what lead to his being arrested.
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