alright, so of course everything happens at shift change! We get called to our search gate for a possible DUI, the gate guard who called it, is a gung ho guard, who enjoys finding seeds and stems. I go over, pull him out give him his FST's (which he fails) then read him his rights, and detain him. The gate guard observed a container in his back seat, that smells of alcohol, we confiscate it. After making him blow (to which he passes) we bring him back to our station, to find out that after we left the gate guard did a "safety inspection" or something similar, and finds a joint and lets everyone know. I ask the subject then to be honest with me and tell me if he has anything in his vehicle, in to which he admits. Now, I get up to the desk and everyone is angry that the gate guard made the search (including investigations) and is illegal cause they had no PC for it (therefore his statement is null and void also right?). Anyways, I was just gonna have him destroy the blunt in front of me before releasing him, but now after notifying the higher command, wants to run with him possessing the blunt, since legal told us "since he admitted to it, just get consent find it and cite him." This of course me or the flight sergeant disagreed to do. We then notify the commander who tells us "cite for the open container originally, and then get consent and get the MJ." essentially the same thing legal told us.
My question I'm still learning the inns and outs of search and seizures, but was what the gate guard did legal? (the blunt was in the ashtray and was pulled out fyi)
Should we of just went with what JAG told us and just get a search consent after the fact that they already searched the vehicle and just say we had it?
I think for now on anyways, i'm just gonna go with the search consent upon initial contact. makes things much easier!
sorry if this doesnt make sense it was a 16 hour day :/ I'm merely just trying to learn and better myself for the next time this comes down.
wish I could put this in the general LE board probably would get more answers there!
My question I'm still learning the inns and outs of search and seizures, but was what the gate guard did legal? (the blunt was in the ashtray and was pulled out fyi)
Should we of just went with what JAG told us and just get a search consent after the fact that they already searched the vehicle and just say we had it?
I think for now on anyways, i'm just gonna go with the search consent upon initial contact. makes things much easier!
sorry if this doesnt make sense it was a 16 hour day :/ I'm merely just trying to learn and better myself for the next time this comes down.
wish I could put this in the general LE board probably would get more answers there!
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