Illegal police search?

Sunday I was parked at Walmart and I was sitting in the car with 2 of my friends, one in which was smoke a ciggarette. A cop rolled up and decided to come up to my car, he saw the person in back smoking a ciggarette and he then decided to take us all...

out of the car and search us. He then decides to make us all sit outside of the car and search my car while I gave him no permission to do so. When he was searching the car he discovers a bowl, grinder, and weed (less than a gram).Now what I need to know is if there is anything illegal about this search that can help me out of a misdemeanor.

Assuming you're in the US:

The U.S. Supreme Court has held that automobile searches may be conducted without warrant when there is probable cause to believe the car contains contraband or criminal evidence...

In this case, 3 young people sitting in a parking lot smoking is enough for an officer to have a reasonable doubt.

Ask a lawyer.

No, I'm pretty sure if they suspect illegal activity, that they're allowed to look in your car.
My brother was pulled over for no seatbelt, and the cop smelled weed in the car, so they searched his car.
I think they can do that, but check to make sure.

moe213 I was parked at walmart and there was nothing illegal in sight.

Ok, I looked it up on the internet, here's a video..

Apparently they are NOT allowed to search the vehicle without permission.

Good Luck!

http://www.videosift.com/video/How-to-Deal-with-Cops-Attempting-to-Search-Your-Vehicle

thanks a ton moe. hopefully all goes well

Here's another good one, too.

http://flexyourrights.org/

well it really depends on your age
and why you were in the parking lot
if the person smoking was underage or had no I.d to proove he was 18 or over then they would be allowed to
but they wouldnt have been able to do anything more thna a search because its not really illegal for an underage kid to smoke, only for them to buy smokes or sell them
also he may have thought you were just hanging around in the parking lot smoking,
as apposed to just waiting for someone if you were
but the smoking is the main reason why he had a search
and if he thought you were here to cause trouble, to drudg deal, or that you might have had other drugs in the car
that would also be enough to have a search were you are

The long and short of what happened to you, is not probably cause...but reasonable suspicion...You and your cohorts may have been just sitting in a car and waiting...however the fact that smoking cigs is illegal under the age of 18 (ID required)...gave the cop reason to come to your car. If your eyes were red, then there is reasonable suspicion that there is pot in the car...Voila...the cop was right...there was a crime of possession going on. If the cop asked you if you had pot, and you said NO...you're setting yourself up much worse than saying yes, or saying nothing at all.

http://www.flexyourrights.org/definition_of_probable_cause

Reasonable suspicion Facts or circumstances which would lead a reasonable person to suspect that a crime has been, is being, or will be committed.

At this stage, police may detain the suspect for a brief period and perform a frisk. In some cases, drug-sniffing dogs may be called to the scene, although officers must cite a reason for suspecting the presence of drug evidence in particular. Refusing a search does not create reasonable suspicion, although acting nervous and answering questions inconsistently can. For this reason, it is best not to answer questions if you have to lie in order to do so. Police authority increases if they catch you in a lie, but not if you refuse to answer questions. As a general rule, reasonable suspicion applies to situation in which police have reason to believe you’re up to something, but they don’t know what it is.

they can look in your car if the smell weed or something like that...

Sorry man but you are screwed on this one. The officer was able to produce evidence that you did something wrong. You have two choices.
A: You try to turn this around and get out on every technicallity you can ultimatly wasting the judges time. Then the judge could give you the maximum punishment.
or
B: Appeal to the best interest of the law by admiting that you did something wrong make it go by as fast as possible. Trust me the longer you anger the judge the longer the judge will spend on your sentance.

Since contraband was found, you're screwed. The fact you had some will mean that the cop did indeed have probable cause to a jury.

Did you object to the policeman searching your car?

In any case, when the policeman asked you and your friends to leave your car you should have taken the keys and locked the car behind you. If the policeman asked for your keys or for you to unlock the car make it clear that you do not give consent to a search. If you did not object to the search than you don't have much of a leg to stand on. If you make it clear that you do not give the policeman permission for a search than you may have preserved your rights should it be determined that the policeman did not have probably cause. If you stood silent than you gave tacit permission for him to search your car.

When dealing with law enforcement always be polite and respectful but do not give up your constitutional rights. You do have to provide your drivers license, registration, and proof of insurance as operator of a vehicle but otherwise you should remain silent since anything you do say can be used against you. Don't argue with the policeman doing his job even if you are completely innocent or think the police officer is wrong.

You don't need a search warrant to be able to search a car!
We just learnd about this in Government :]

In the U.S. police can search a car without a warrent with probable cause, unless something was said or happened to give him probable cause then he had no right to search the car.