My question involves criminal law for the state of: ny
yesterday i was pulled over for window tint, the state trooper then asked me to step out of the car i did he then said he smelled marijuana. my response to that knowing there was nothing in the car was. no you can not search my car get a dog. he then went on to say that he didnt need to get a dog and that he had probable cause to search based on that. again my argument is i have over $1200 worth of stereo equipment in the trunk that i did not want to get damaged after explaining this to him he calls another officer in to "verify" the smell of marijuana in the car. at this point they now have me and my girl friend out of the car trying to get me to let them search the hole time im saying no your going to have to get a dog there is nothing in there and i dont want my stuff to be damaged i then went on to tell them the car is has audio and video and they were all be recorded " the car does not have that" but i knew in telling them they would be a little more cautious then one of the officers asked me to place my hands behind my back and he said that i was under arrest for obstruction of justice. i complied and did everything they asked me to the whole time with the exception of not letting them search my car." handing over the keys" so they then place me in the trooper truck handcuffed as well as my girlfriend in another car a total of 4 state trooper cars are at this stop now. the same trooper that arrested me then asked me if there was anything in my car that would hurt a dog i said no. they then brought a dog to sniff around the car when it didnt hit on anything they opened my door and let the dog in the car. after the dog bounced around and then waited at the door to be let out they started to hand search "4 state troopers" searching my car and non of them came up with anything at all. and the reason for me not wanting to have them search happened after they search my car and arrest me i asked them to give my car keys to my girlfriend she then drives away an would later come to pick me up at the station come to find out. 2 very large power cables are unplugged from one of my amps just sitting there. due to them trying to search my car and just moving things carlessly . this situation although easy to fix could have very easily caused a car fire with her in the car i also noticed that one of my tweaters in the back was pushed in so again more damage that i didnt want hence my reason for denying the search the whole time.
moral of the story here is one officer said he smelled pot i said nope theres none in there get a dog they arrest me then get a dog then search with a dog and 4 officers and find nothing and i still was arrested and had property damaged and the very real risk of a fire.
am i guilty of obstruction of justice in ny for denying a search on my car that resulted in property damage and nothing illegal to be found?
yesterday i was pulled over for window tint, the state trooper then asked me to step out of the car i did he then said he smelled marijuana. my response to that knowing there was nothing in the car was. no you can not search my car get a dog. he then went on to say that he didnt need to get a dog and that he had probable cause to search based on that. again my argument is i have over $1200 worth of stereo equipment in the trunk that i did not want to get damaged after explaining this to him he calls another officer in to "verify" the smell of marijuana in the car. at this point they now have me and my girl friend out of the car trying to get me to let them search the hole time im saying no your going to have to get a dog there is nothing in there and i dont want my stuff to be damaged i then went on to tell them the car is has audio and video and they were all be recorded " the car does not have that" but i knew in telling them they would be a little more cautious then one of the officers asked me to place my hands behind my back and he said that i was under arrest for obstruction of justice. i complied and did everything they asked me to the whole time with the exception of not letting them search my car." handing over the keys" so they then place me in the trooper truck handcuffed as well as my girlfriend in another car a total of 4 state trooper cars are at this stop now. the same trooper that arrested me then asked me if there was anything in my car that would hurt a dog i said no. they then brought a dog to sniff around the car when it didnt hit on anything they opened my door and let the dog in the car. after the dog bounced around and then waited at the door to be let out they started to hand search "4 state troopers" searching my car and non of them came up with anything at all. and the reason for me not wanting to have them search happened after they search my car and arrest me i asked them to give my car keys to my girlfriend she then drives away an would later come to pick me up at the station come to find out. 2 very large power cables are unplugged from one of my amps just sitting there. due to them trying to search my car and just moving things carlessly . this situation although easy to fix could have very easily caused a car fire with her in the car i also noticed that one of my tweaters in the back was pushed in so again more damage that i didnt want hence my reason for denying the search the whole time.
moral of the story here is one officer said he smelled pot i said nope theres none in there get a dog they arrest me then get a dog then search with a dog and 4 officers and find nothing and i still was arrested and had property damaged and the very real risk of a fire.
am i guilty of obstruction of justice in ny for denying a search on my car that resulted in property damage and nothing illegal to be found?
Obstruction of Justice: charged with obstruction after denying car search in ny
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