Is This An Illegal Search? Thanks.

[PushForKush]

Hey guys.

Before I tell you the story, I'll let you know this happened in Ontario, Canada.

The other day my buddy got pulled over for speeding. In his vehicle with him were 2 friends, that he was giving a ride. They had a bong. They were dumb and left the bong out... when the officer shined a flashlight in the vehicle to see everything, he noticed the bong. The friend told the officer the bong belonged to him. The officer still searched the vehicle, regardless. They found some coke on my buddy, and charged him for it etc...

I've heard it was an illegal search, because the other friend admitted the bong was theirs.. was this a legal search? thanks.

 

[april]

Probable cause was gained when they saw the bong, this gave them the right to search the vehicle. It was a legal search.

 

[Jack Harer]

Nope. At least here in the states. A bong in plain sight is probable cause to assume that drugs are present. If there was NOTHING in plain view, and he searched the vehicle without the owners permission, then it would be an illegal search.

 

[ComeupKid]

thats probable cause for a search and suspicion of driving while under the influence.....i think....but im no cop

 

[PushForKush]

okay, also, neither my buddy or the 2 friends got fined or charged for cannabis at all, even though the officer found some weed and a pipe in the friends' bag. They got off the hook.

 

[april]

okay, also, neither my buddy or the 2 friends got fined or charged for cannabis at all, even though the officer found some weed and a pipe in the friends' bag. They got off the hook.

LMFAO see this is why i like being a canuck even the cops don't view weed as a drug lmfao, they found some blow and made an arrest, lesson learned, be happy nothing else happened

 

[ComeupKid]

yeah real talk..... i love living somewhere where the cops dont care about weed. one time i got stopped for an open container and when they search my back pack, i was holding 2 oz's and they made me pour out my 40 and didnt care about the weed haha

but then once i was driving with my friends van to pheonix and at a check point in Yuma a dog smelled weed and they searched our whole van(full of amps and all you need for a 5 person band, drum kit ect..) and we only had a gram of weed on us(it was the last day of tour befor ewe went home) and they were going to charge us but they ended up letting us go. it was the most hassle iv ever had to go through with weed lol
about 20 minutes down the road i went to change my shirt and found a bag of weed brownies at the bottom of my duffle bag and we ate them right away HAHA

 

[Stride]

Actually contrary to what everyone is saying I think its possible to get this case thrown out. Yes the officer spotted a bong, but for all he knows you guys are using it for tobacco. Unless the officer was able to see resin in the bong, and was able to identify it as marijuana resin just by looking at it with the light of a flashlight then he would have 100% right to search you guys. But considering its pretty much impossible to tell if its marijuana resin or buildup of smoked tobacco, your friend MIGHT be able to get it thrown out with a VERY good lawyer. This isnt professional advice but have your friend talk to a lawyer cuz I think its very possible to throw this case out.

 

[Jack Harer]

Maybe in the Great White North, but not a shot in hell here. A "Bong" is widely recognized as an instrument for smoking marijuana. Resin or no, odor or no, it establishes probable cause for the officer to "believe" that a crime has been committed, allowing him/her to further investigate.
My little nephew almost got caught with a bong in his truck not long ago. I have NEVER understood the lunacy of travelling with something like that.

 

[racerboy71]

Maybe in the Great White North, but not a shot in hell here. A "Bong" is widely recognized as an instrument for smoking marijuana. Resin or no, odor or no, it establishes probable cause for the officer to "believe" that a crime has been committed, allowing him/her to further investigate.

i tend to agree with this line of thinking.. i'd think even seeing a pack of rolling papers would be enough for further investigation in some areas as well, but a bong, you can pretty much forget about it, lol.. i don't know one person who uses a bong to smoke tobbaco out of, and neither does that cop..

 

[dirtsurfr]

If you piss off the cops your gonna get a fucked up car, did your friend consent to a search? If so he's fucked. If not was he under arrest??

 

[Jack Harer]

Rolling papers can be, especially if there is a pack of Marlboros on the dash. I was detained and searched in Amarillo, Texas over a water-logged and dirty empty pack of papers, from the floor of a company van. That was pushing the envelope there, but still the cop was within his rights.

 

[CR500ROOST]

If the cop sees anything illegal he has the rite to search who ever is in the car.since he seen the bong all you guys lost your rite to not get searched.this is the law in California though maybe its the same were you at.

 

[Stride]

Maybe in the Great White North, but not a shot in hell here. A "Bong" is widely recognized as an instrument for smoking marijuana.

I understand what you are saying but I still stand behind what I said earlier. Whether or not a bong is widely recognized as an instrument for smoking marijuana its not illegal to own. Regardless of if a cop knows a bong is mostly used to smoke marijuana out of, there is still a very low chance that someone does use it for tobacco. Thats why I still believe if he has a VERY good lawyer it can get thrown out. Think about it this way, if they did use it to smoke tobacco out of and nothing else, the cop who searched them would be at fault because there is no probable cause to search. With that said probable cause means that the cop is 95% or more sure that something illegal is happening. I dont think a simple flash of light on a bong justifies that. With a good lawyer it can get thrown out.

 

[Jack Harer]

I hope it never happens to ya, but if it does, let me know how that works out for you. I have been in the court system now for the past 2.5 years, scrutinizing not only MY case, but every facet of every case of every MJ bust that goes to court in the SE United States and in the Federal District Courts. By the time this is all over, I'll be at the very least a qualified para-legal, if not able to take the bar.

 

[......]

i tend to agree with this line of thinking.. i'd think even seeing a pack of rolling papers would be enough for further investigation in some areas as well, but a bong, you can pretty much forget about it, lol.. i don't know one person who uses a bong to smoke tobbaco out of, and neither does that cop..

I wanted to see what it was like so I broke up a port and put it in my friends bong.I could't tell how much I was getting so I pulled the shotty and puked all over lol.It felt like I had smoke coming out of my eyes and ears lol I dont recommend anyone try it.

 

[Calidadd]

Uhh Tommy Chong, need I say more.

 

[mflb1993]

I'm not an expert in Canadian law, but you could make the case that you were using the bong for tobacco purposes, which you would think wouldn't be probable cause... that police officer was just making an assumption that you were smoking weed with it (regardless if he was right or not)