I was in the park with my girlfriend and some cops came by on bikes and really caught us off guard. I was able to throw my stash in a bush nearby. Everything was fine until the cops asked to smell my breath and then I consented to a pat down. The cop felt down my sweater, my pockets to my ankles, he got me to sit down and kick my shoes off then patted down my socked feet. It seemed like he was determined he was gonna find something but I then told him to stop cause I didn't feel comfortable with it and he proceeded to ask why I was worried if I didn't have anything or say he would get the dogs. All in all in was just annoying, has this happened to anyone else?
Check with your local laws but you should be able to refuse a search. Never had anything like that happen to me.
You can refuse a search at any given time. If you were at a park, just minding your own business, a cop has no legal right to search you. But... You said you gave consent and that's all they need. They won't bring the K-9 unit to search 2 people at a park. Not worth the time. Next time just tell them to fuck off. If you were driving though it would be a different story.
It comes down to probable cause. You can refuse a search but if they "smell marijuana" or you look really high they can detain you and try to get a warrant to search you youre vehicle or your house depending on the situation
you can say no to any search by the police, you also dont have to give em your name or id (unless your driving), only time a cop can supersede this is have they have a warrant from a judge or if they have "probable cause".
If you're blown, and reek. That's probable cause. If you're call smells. Just any tell tale sign where they can try to determine probable cause. But they can and will detain you for as long as they need to determine probable cause. We have cute laws on police that aren't very rigid, just be polite, refuse all searches that you need to. Just need to see where they cross the cute laws and get off with that. Ya see, in my case. I have a stash spot and kit where I don't picked up on dogs, further more would they detain me and take my car for inspection it would take a little less than taking it apart, in other words, he isn't going to find it with his initial search. And it won't come to that unless I was suspected to be carrying a large amount for sale. Dogs are silly little creatures that usually can be manipulated by handler or smell more than they should. Lol. Dude I'm high atm so I'm rambling. Bottom line, keeping your stash out of the question in a search is vital. You can't always have a bush nearby brother. Refuse all searches. Unless you know you don't have anything, or they're 100% not going to find it. If you give consent to search they're aren't going to be dogs, unless there are already there. Even if you don't give consent and they search at least anything found can be put into question. And be polite. Polite as possible. You are just a law-abiding citizen just trying to get it in, officer. Fun fact, pot brownies, unless of course they reek of marijuana, can be found in a dog situation and you can just tell the handler the dog was attracted towards your food. Better luck to your future.
Be mindful that in the eyes of the law, a pat-down is different than a search. To administer a pat-down, they must simply say they are investigating a potential crime. It doesn't give them probable cause to actually go in your pockets, but it's enough for a pat-down. Then if they feel anything 'suspicious', that can then give them probable cause to further the search. That's why those illegal pat-downs in New York were, and still are, a big deal: they had no authority to administer them because there was no reason to believe a crime was being committed. But, New York will be New York. They seem to love trampling peoples rights. All in all it's a bum rap...but theres really not much you can do about it...
Always refuse, never resist. If it goes to court and he didn't have the right to search you while still abiding by the law the case will be thrown out. Make sure you say it loud enough for anyone near by can hear. Sent from my iPhone using Grasscity Forum mobile app
If you're in public high as hell and smell like weed, that still doesn't give probably cause if I recall correctly. The smell can be coming from anywhere. If you're in a car, that's a different story b I smoke on 1/5. I was always taught to reduce fractions.
This right here is where my sarcastic personality would have gotten me in trouble. As soon as the cop asked to search I would have immediately told him to keep on riding, cause I'm not about to consent to shit. I've never seen nor heard of a story where police actually called in a dog to search a random person they found in a random place. Sounds more illegal than stop/search/checkpoints. You weren't doing anything wrong (he didn't see you throw it), so all in all he was just trying to grasp at straws. I would have laughed in his face and walked away. Luckily we have the chillest cops where I'm at, keep it off public view (not on a sidewalk/street) and smoke nearby some trees and they drive by and wave. Also, unlike a poster said above, Police CANNOT detain you for anything more than a " general wait period". Something like 20-30 minutes is average before a case gets thrown out in court, the officer cannot legally detain you longer than this time, so you can essentially walk off cause it is illegal detainment, or demand sargeant.
It is definitely probable cause. Sorry. Gotta remember state laws are different everywhere. But there are many shared traits. Also gotta remember the fact that cops don't really give a fuck, if they know you're up to something, they'll find cause. Just politely refuse search, detainment and a dog is gonna come. If you only have a couple G's or a user amount on you, they probably won't bring you in. Guys they can be just looking for a USABLE AMOUNT. Meaning they will fucking vacuum your carpets to get that bowl worth. I've dealt with some asshole cops.
My advice. Get out the iPhone or whichever smart phone you use. Recording things puts a whole new way of thinking on the po-po's head.
Ah very true. Forgot how state laws can vary so dramatically. I smoke on 1/5. I was always taught to reduce fractions.
i thought they could detain you as long as they like. thats when you pop the question "am i under arrest" and they either arrest you or let you go Sent from my iPod touch using Grasscity Forum
I love when people say how they will be sarcastic and confrontational to police, and I'm over here saying yes sir no sir and get out of everything. I've gotten pulled over twice recently, one for not coming to a complete stop at a stop sign and one for driving without my headlights on at night, and got warnings for both of them most likely because I kept my hands in plain sight and was polite. Getting snippy with police will get you nowhere except in more trouble or debt, only assert yourself if they attempt to violate your rights.
Now i heard that smell is not probable.. as if i were driving my buddy from a dispensary to his place when he leaves.. the car will reak. Its all about the cops opinion and state laws really.
I've refused a search before. I was jogging real early in the morning so I didn't have anything on me but I was let go. He asked if I minded to being searched so I looked him in the eyes and said "Yes I do mind". He asked "Why, are you carrying any drugs or weapons?" so I replied, "No, I didn't wake up this early in the morning to be patted down by some random dude". Side note I was stopped like 7 times in that one year.
Search flex your rights on YouTube and watch all the videos or go to their website. Don't be a dumb stoner because cops will take advantage of you if they know that you don't understand your rights.
You can, if the pig is cool he'll let you go...If he is a normal prick he'll search you anyway, and charge you with whatever he finds. Be aware and record all conversations with law enforcement for future legal proceedings.