EDDINGTON, Maine — A Florida man was arrested on drug and weapon charges last weekend after what began as a routine traffic stop.
Dustin Cox, 29, of Gainesville, Fla., was a passenger in a car being driven by his girlfriend when he was arrested around 1:30 p.m. Aug. 18, Deputy Darren Mason of the Penobscot County Sheriff’s Department said Friday.
Mason said that he pulled the car over after he saw it turn from Jarvis Gore Drive onto Route 9 and travel a distance of about 40 feet in the wrong lane. In addition, the car’s brake light was out, he said.
Mason said that Cox’s girlfriend, whose family is from Pembroke, was driving and that her child — whom Mason said appeared to be about 3 or 4 years old — was sitting in the back seat when the incidents leading to Cox’s arrest took place. He said the girlfriend was not charged in connection with the incident.
The trouble for Cox began when Mason detected a strong marijuana odor as he approached the car and asked if he could search it.
Cox not only refused to allow a search, he also engaged the deputy in a brief tug-of-war over the door as the officer tried to open it. Mason said he eventually got the door open and Cox exited the car.
“At that point, I figured it was going to go downhill,” Mason said.
Mason said he then asked the driver if there was any contraband in the car and that she handed over a bag containing roughly a palmful of marijuana, three pipes and a cigarette case containing a partially smoked joint and other paraphernalia.
Although his girlfriend tried to accept responsibility for the items, Cox acknowledged that they belonged to him, Mason said.
Cox also admitted that he had been smoking marijuana in the vehicle shortly before the traffic stop. When Mason pointed out that there was a child in the vehicle, Cox allegedly said it was “OK because he had the window rolled down.”
A search of the car turned up a loaded .385-caliber semiautomatic handgun, Mason said. He said the gun was positioned in such a way that had it accidentally gone off, the driver’s child would have been shot in the back.
Mason said he informed Cox that Maine law requires that those who carry concealed weapons on their persons or in the vehicles possess a permit. He then asked if Florida had a similar law and Cox said that it did. Cox, however, did not have the required permit in either state.
Mason said Cox was arrested on charges of having a cocked and loaded firearm in the vehicle as well as with possession of marijuana and possession of drug paraphernalia and then to Penobscot County Jail. He since has been released on bail.
Ask for consent…he says no…and then you smell Cannabis which apparently lets you search a vehicle without a warrant? Something doesn’t smell right here (no sarcasm intended). And dont even get me on cops being allowed to search a car when the “say” they smell marijuana. In Maine it is a civil offense to possess a small amount of Cannabis. So, in Maine the police violate the constitution of the United States for a civil violation???
He was a passenger in the car. Does he have the authority to consent (or in this case, say no) to a search?
The officer had probable cause to search the vehicle because he observed the car traveling 40 feet in the wrong lane. Add in the smell of marijuana and it’s a strong possibility that a driver may be operating under the influence. Regardless, smoking pot in front of a child in an enclosed environment is irresponsible and reprehensible. Someone needs to scrutinize the mother and her lack of parental skills. Oh, and lets not forget about the loaded weapon.
Wrong. a vehicle traveling 40 feet (so the cop says) does not give probable cause. MAYBE reasonable suspicion at most to investigate a little further. So that only leaves the alleged smell of marijuana that the cop said he smelled. Even if he did, should the 4th amendment be thrown out the window on a civil violation of pot. AND, it is not illegal nor should we be forced to give up our 2nd amendment right. it was in the trunk which would not have been found had the 4th not been stripped from him.
Just curious do u need a permit to carry an unloaded hand gun in a vehicle if it is in plain site? And not concealed in maine?
if its in plain site and not loaded you do not need a permit. so i would like to respond to boogie bangor. i think the smoking in cars with kids law is crazy. i sit and write this smoking in my house with no windows open. when i smoke in the car my windows are open and the wind takes it. and just so every one knows its a criminal violation for pot. not civil
That’s incorrect. Possession of the amount of marijuana described in this story is a civil offense. Possession of drug paraphernalia (for the pipes) is also a civil offense.
Possession of marijuana doesn’t become a criminal charge until the quantity is at least 2.5 ounces.
The Officer has a right to ask if there are any weapons, drugs, etc…if you say no and he asks for permission to search the vehicle, and he has no probable cause under the warrantless search guidelines, and you do not give consent he has to walk away. If on the other hand, he see’s a weapon, drugs etc or smells the odor of a drug by law, yes he can search the vehicle without consent. Only the registered owner or operator can give consent. Something is missing in the story above concerning who owns the vehicle.
The bottom line is that you have a kid in the car, and you’re smoking pot (illegal drug which impairs your mind). I can guess that the ‘enabling’ girlfriend was smoking right along with him. Either way, it’s being done in front of a child. She should lose custody of her kid and be sitting in jail also. This is a sickening story.
Officer Mason, shame on you for not charging her with a crime. She’s the driver, the mother, allowed drugs near her child, and allowed a semi-automatic handgun to be in the car. How in the world can you justify giving her a break?
TO YOU POT LOVERS….. THERE IS NO DEBATE OVER POT WHEN IT COMES TO CHILDREN.
u got that right
What does the gentleman do for a living?
Florida Ditchdigger found to have smokeable amount of pot and a gun. ta!!da!!!!!
Maybe he’s a Firefighter from Florida….
Maybe he rents out stolen cars from Rhode Island.
Unless a police officer has a dash cam they can claim anything to stop someone.. As to searching the car I am to scared as can be of a man with a gun, tazer, mace, belly club etc. etc to say no search. I was stopped once and I do not drink or do drugs, I did not want him to search my car but allowed him to because he was a bully. . My plate light was out and he bullied me the whole time. I went and tapped the light and it came back on… If you make a police officer mad because you said no to the search, it hurts their feelings and they CAN make you pay one way or another for it.
You don’t need a permit in Florida to carry a legal weapon in your car.
What about a loaded legal weapon?
Your vehicle is treated in the same respect as your home. The term they use for in the vehicle is the weapon must be encased / Holstered in glove box/ secured in a gun rack/ zippered case , don’t shove it under the seat or lay it on the seat and don’t put it on your person. And Yes loaded. Use common sense rules for gun safety and the cops won’t bother you. As a courtesy I would tell the officer I have a weapon in the car and let them decide if they are comfortable with you having a weapon, because you may not know why they stopped you.
Got to watch out for those Florida guys.
Are you even kidding me? Thanks freakin Florida! Don’t send us any of your specail crap. We’ve got enough of our own. Thank you very much. Loser.