Jeremy Grande was cruising through Skagit County in Aug. 2006 with friend Lacee Hurley, when a cop pulled them over, caught a whiff of ganja, pulled them both out of the car, searched it, found the pot, and arrested them both for possession. Grande got an extra paraphernalia charge added to the mix for when the cop found a bowl on him as well. The charges against Grande were tossed out by the Skagit County District Court, which found that the cop had probable cause to pull over and consequently search the driver. But he didn’t have a separate reason to suspect Grande was involved in criminal behavior and he wasn’t the one who was pulled over. The Superior Court reversed and his case was kicked up to the state Supremes. In today’s rare unanimous ruling, all nine justices agreed that: [T]he question is whether the police officer had an objective rationale that it was Grande committing a crime and consequently, probable cause for his arrest. In other settings, we have concluded that where officers do not have anything to independently connect an individual to illegal activity, no probable cause exists and an arrest or search of that person is invalid.The lesson here: if you’re going to get lit in a car, make sure you’re not the one driving.
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