Police just got owned.

darkdestruction420

darkdestruction420

Well-Known Member
You are right when you say its really not black and white at all. Seems both sides have some strong arguments. and some cops are real pricks, read what this one said "I think it would be hard to convince a judge/jury that your RS for a traffic stop was a marijuana sticker. "Your honor, the mere presence of this sticker indicated that the driver was in possession or under the influence of a controlled substance."

Don't think it will fly OG. Don't get me wrong, I would love to pull over every nimrod that had that sticker. Funny enough, the ones that have the sticker usually have an old beater car that has something wrong with it that I can stop them for anyway. :D

BTW, there is a vast difference between PC and RS. Not trying to be smart, but know when to say reasonable suspicion or probable cause in court or the attorney's will have a field day. "
another interesting thread....
http://www.realpolice.net/forums/ask-cop-112/96670-so-just-what-does-smell-like.html
 
Serapis

Serapis

Well-Known Member
The supreme court currently has a warrantless search case on the docket.

http://flexyourrights.org/emergency_search_case

This one should be good.... Those cops had no constitutional right to kick in that door. They did not see their suspect enter that apartment. If SCOTUS sides with Kentucky law on that one, we are all in trouble.
 
RawBudzski

RawBudzski

Well-Known Member
uh.. if your NOT HIGH, and a MMJ patient they can kick rocks. I have been pulled over with 6oz next to me, With a seatbelt on it.
 
C

czydiamond

Member
Lots of this is besides the point. The point is not to get arrested for a noncrime. If they really want to search your car they will. There is always some kind of reason they can give. Your eyes were red, car reeked of mj. Call in the dogs and the dogs will alert on any mj in the car and that is probable cause. I never smoke in my car for this very reason, also smoking in a car is dangerous. Pay more attention to trying to get that bowl lit than driving and WHAM. Lots of wrecks are caused by folks lighting cigarettes. Toking takes far more concentration. Totaled car, possible injuries, possession charge, dui charge. I've heard many cops say that they don't really care about smoking in your home.
Anymore, if I did happen to have a bit in the car, It would be well hidden. Probably smarter to just let them and hopefully they won't look too hard if the cop is just fishing. Now, if I don't have anything in the car I would refuse and if they found some excuse or got the drug dogs and found nada I would send a letter explaining exactly what happened to every public defenders office and lawyer in the area who handles drug cases and offer my services to testify if necessary that my particular search was NOT voluntary.
RJ
 
RawBudzski

RawBudzski

Well-Known Member
1st off its illegal to DRIVE WHILE HIGH. thats a DUI.. HEY A RHYME ! so you got lucky.
ExDex1x1 said:
So I was driving around with a couple of buddies, smokin up on a mini zong that my friend just purchased at a local headshop. We're driving around for a few hours, all high as hell, driving the speed limit doing everything right using turn signals yadda yadda covering my ass as usual.

All of a sudden, I see lights behind me, my buddy stashes the bong, stashes the weed all in an airtight stash box, tucks it under the passenger seat. Everyone in the car freaking out, with the exception of myself, because I'm thinking I've done nothing wrong.

Officer walks up to the window, I roll it down, turn off the car as he instructs, lookin red eyed and hazy as shit. He asks me the dumb question, "Do you know how fast you were going back there?" I reply no sir, I believe I was going very close to the speed limit, I was distracted for a moment by a driver who cut infront of me. He tells me he pulled me over for going 48 in a 45. Seriously struggled not to laugh at this.

Of course, we just had a bunch of weed out and we were smoking so it kinda reeked, but some what covered by cigarette smell since my buddies in back were having a square before we got pulled over. So he asks the next dumb question "What have you guys been smoking in this car son?" I look him in the eyes, high as 1000 fucks, and calmly reply "Sir, my friends were just having a cigarette in the back seat, they're both over 18 if you'd like they can pass you identification for you to verify." so he mentions he smells marijuana, and this was the moment I've been waiting for for SOOOOOOO long. You see, my uncle is a lawyer. This cop was fucked from square one. Calmly, again, I reply "Sir, if you don't mind, it's awfully late and I have work in the morning, if you don't mind I would like to just take my speeding ticket and be on my way." He asks if he can search the car, and I remind him kindly that I was pulled over for speeding, not for any other reason, and that if he had any other questions that were beyond the scope of his investigation into my speeding, that my lawyer would gladly facilitate him.

The officer stares me in the eyes, gives me the look that he knows I'm fucking high as hell, I stare him down, and he says, "Don't let me catch you speeding again, and please get out of my jurisdiction safely."

He walks back to his car, like a chump. No speeding ticket because he knew it would get thrown out in court, or at MAX a $40 fine.

Drive away, turn the corner, get to the next township, bust out the bong and resume the festivities.

Know your rights. When you're pulled over don't throw your shit out the window, don't panic. The officer can ONLY investigate anything involving the original purpose for pulling you over. The ONLY way you can get caught for marijuana possession or being under the influence is if you get pulled over for driving like you're drunk. When you're driving high obey every law to the best of your ability and stay straight. No swerving and no questionable u-turns or any dumb shit.

Stay safe and happy toking.
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ExDex1x1

ExDex1x1

Active Member
You can call bullshit on this all you want, I've had a friend who allowed a search of his car, got caught with a gram, went to court. We talked to a lawyer and he said it's total bullshit and that when you're being pulled over for a speeding ticket, without your express permission the officer has absolutely no grounds to investigate anything beyond the scope of his initial cause for pulling you over. If you were pulled over for suspicion of being under the influence because you're swerving or some dumb shit, you're screwed. However, if you're pulled over for speeding the officer has absolutely no right to investigate anything beyond your speeding ticket. If you have shit out in open view such as rolling papers or a scale or some bud or something stupid like that, yes you're an idiot, and yes, you're going to get screwed. If you have anything within your car not in plain view, and the officer smells pot, he hs no right to check your vehicle unless you give permission.
 
RawBudzski

RawBudzski

Well-Known Member
cops can ask you anything they want "hey have anything illegal" "hey have you been smoking" "hey can I search you car"
 
ExDex1x1

ExDex1x1

Active Member
RawBudzski said:
cops can ask you anything they want "hey have anything illegal" "hey have you been smoking" "hey can I search you car"
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yes if you're dumb enough to tell the truth when they bust out those questions, enjoy your time in court. The cop can ask you if you prefer dick in the butt or if you'd rather have it in your mouth, that doesn't mean you have to respond.
 
bunnyface

bunnyface

Well-Known Member
rollajoint said:
Does that work for the u.k too lol :D?
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HA,,, we would be so lucky....also our laws state that If a traffic offense is commited and you have been pulled over, you have just been(in the laws eyes) detained pending investagtion. So based on that any and all indication that officer has can allow him/her to search the car. Yeah,,how shit is that!!!!!
 
darkdestruction420

darkdestruction420

Well-Known Member
ExDex1x1 said:
You can call bullshit on this all you want, I've had a friend who allowed a search of his car, got caught with a gram, went to court. We talked to a lawyer and he said it's total bullshit and that when you're being pulled over for a speeding ticket, without your express permission the officer has absolutely no grounds to investigate anything beyond the scope of his initial cause for pulling you over. If you were pulled over for suspicion of being under the influence because you're swerving or some dumb shit, you're screwed. However, if you're pulled over for speeding the officer has absolutely no right to investigate anything beyond your speeding ticket. If you have shit out in open view such as rolling papers or a scale or some bud or something stupid like that, yes you're an idiot, and yes, you're going to get screwed. If you have anything within your car not in plain view, and the officer smells pot, he hs no right to check your vehicle unless you give permission.
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what do you base that on? cuz we've been discussing it and its a big legal gray area. its not all cut and dry black and white from what ive seen.
 
ExDex1x1

ExDex1x1

Active Member
darkdestruction420 said:
what do you base that on? cuz we've been discussing it and its a big legal gray area. its not all cut and dry black and white from what ive seen.
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It kinda is black and white. The law is the law and the only argument made in this thread against this fact is the "probable cause" argument, which doesn't apply what so ever here. The only reason a police officer can check your car on the spot with no warrant if the original purpose of your being pulled over for speeding, busted tail light, ect, is if you have an outstanding warrant for arrest. Other than that, if you're pulled over for speeding, refuse a search, the only thing an officer can do is try and talk you into allowing a search or threaten to tow your vehicle. Even if your vehicle is towed any half way decent attorney would get anything found in your car thrown out immediately because it was found in an unjust search of your vehicle, and the officer was prying beyond the scope of his investigation. Hell, if your record is clean and your attorney is really good you could probably even win a counter-suit for harassment.

The only gray area on this law is when you have priors because the police will argue you were acting suspicious and have a high probability of being a repeat offender, and most judges are going to look at a rap sheet and be very very biased in deciding the case.
 
B

by the dashboard light

Member
About 3-4 years ago I was pulled over one night in my van, broken tail light lenz. I do construction. During the stop the cop asked if I had any guns or bombs in the truck and I said no.

He then asked if he could search the van and I said no, absolutly not, BUT if he wanted I would empty the truck and he could watch but he could not search it. He staired at me for a while like a deer in the headlights and didn't know what to say. He let me go and I didn't get any ticket. Had he said yes I would have taken 1-2 hours to s l o w l y empty it, I had lots of stuff in the back.

In this instance because I interupted his known thought pattern of what would be said and presented him with a 3rd option that he had never been exposed to or taught it kind of shorted out what he knew to do and say.
 
P

Parker

Well-Known Member
ExDex1x1 said:
It kinda is black and white. The law is the law and the only argument made in this thread against this fact is the "probable cause" argument, which doesn't apply what so ever here. The only reason a police officer can check your car on the spot with no warrant if the original purpose of your being pulled over for speeding, busted tail light, ect, is if you have an outstanding warrant for arrest. Other than that, if you're pulled over for speeding, refuse a search, the only thing an officer can do is try and talk you into allowing a search or threaten to tow your vehicle. Even if your vehicle is towed any half way decent attorney would get anything found in your car thrown out immediately because it was found in an unjust search of your vehicle, and the officer was prying beyond the scope of his investigation. Hell, if your record is clean and your attorney is really good you could probably even win a counter-suit for harassment.

The only gray area on this law is when you have priors because the police will argue you were acting suspicious and have a high probability of being a repeat offender, and most judges are going to look at a rap sheet and be very very biased in deciding the case.
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SCOTUS Gant Vs Arizona - unless the officer knows there is evidence in the car that will be destroyed or knows there is a weapon that will be used against him, the police cannot search. Gants car was parked, he was not in it.

I believe the marijuana smell arrest varies by state
http://www.seattlepi.com/local/371288_potsmell18.html
"Supporters of marijuana decriminalization celebrated Thursday's decision by the state Supreme Court restricting police from arresting passengers simply for being in a car smelling of pot.
Justices were unanimous in the decision to overturn a 29-year-old precedent allowing officers to search or arrest passengers after smelling marijuana near a car. They found that simply being in a car smelling of marijuana isn't enough to outweigh the state constitution's robust privacy protections."
 
ExDex1x1

ExDex1x1

Active Member
Parker said:
SCOTUS Gant Vs Arizona - unless the officer knows there is evidence in the car that will be destroyed or knows there is a weapon that will be used against him, the police cannot search. Gants car was parked, he was not in it.

I believe the marijuana smell arrest varies by state
http://www.seattlepi.com/local/371288_potsmell18.html
"Supporters of marijuana decriminalization celebrated Thursday's decision by the state Supreme Court restricting police from arresting passengers simply for being in a car smelling of pot.
Justices were unanimous in the decision to overturn a 29-year-old precedent allowing officers to search or arrest passengers after smelling marijuana near a car. They found that simply being in a car smelling of marijuana isn't enough to outweigh the state constitution's robust privacy protections."
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Yup and anyone who smokes cigarettes will tell you that for god knows what reason every once in a while you get one that smells like ganja when its burning. Idk how many times that saved my ass with my parents when I used to live at home.
 
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