Guide: Don't Get Busted!

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Introduction:


I know there are plenty of smokers, growers, etc…who know how to react in situations where you could get in trouble. However, I am posting this in the ‘Apprentice Tokers’ forum because those of you who are new to the scene most likely need this kind of information. Maybe even some ‘Seasoned Tokers’ may find this useful to some degree (doubtful)…who knows! The idea of this guide is to give you a set of guidelines that if followed will keep you from any problems. Anyway, here it goes.


Section 1: Know Your Rights


There are two amendments that you should definitely know and be very familiar with. The first one being the Fourth Amendment. The Fourth Amendment states the following:

This is the amendment that gives you the right to DENY being searched under any circumstances when you are asked. Of course, you need to pay attention to the “upon probable cause” part. If you are driving like a maniac and the car reeks like marijuana then be prepared to step out of the car and be searched. If you play it smart though, this amendment will protect you against the well-known and intrusive law enforcement practices. This will be discussed in more detail later in this guide.
The second amendment to know is the Fifth Amendment. The main part you need to know is the following:

What this basically means in our case is DO NOT ADMIT ANYTHING. If you are ever in doubt of what you should say then just stay silent or say you WILL NOT answer any questions without your lawyer present. If your rights are violated in any way during an arrest then you are in for a free ride. All evidence obtained in a manner that is unlawful will be tossed out of any court and cannot be used against you. This is the second best scenario aside from walking away without any trouble.

Section 2: “Stay Clean”


This section can help you whether you live with your parents or even in your own place. The title doesn’t mean for you to not smoke of course…it means to clean up after yourself thoroughly. Leaving illicit material out in the open is a stupid move on your part. Having an apartment means landlords and/or maintenance crews could walk into your place with or without you being home AND without your verbal permission. They do not have to ask you to come in and if you leave anything out you are risking your safety. This includes roaches, pipes, bongs, bags, scales with shake on them, seeds, etc. Put this stuff away in a safe spot when you are not using it. Getting lazy with this could result in you losing your freedom. This all applies to you living with your parents as well. If you don’t want anyone to find out what you are doing…don’t put anything in their face that will raise suspicion or incriminate yourself. Most people that are busted for smoking could have avoided it just by following this simple rule.




Section 3: Watch where and how you smoke


There are a few things you can do to make getting caught harder. These tips are optional of course, but it is worth thinking about. If you are smoking in a car it is actually better to drive around rather than park. Take some back roads and cruise around. A car sitting in a parking lot with super cloudy windows isn’t very hard to spot. Speaking of clouds…crack the window and don’t let one build up. I know it can be fun to do this, but it’s not the safest or smartest move when smoking in public. Bring cigarettes along with you as well even if you don’t smoke. Worst case scenario you can light one up (each of your friends can too!) and mask the smell as much as possible in the event you are pulled over.

Also, you should smoke joints or blunts because all evidence can be swallowed. Have you ever known anyone to swallow a pipe? I didn’t think so. It’s not illegal to smell like marijuana…it’s illegal to possess it. Getting rid of all evidence on you could be the difference between riding home with a story to tell and telling that story from behind bars. Obey all traffic laws and check your taillights before heading out around town! Tons of people get busted because of a mere broken taillight. Don’t let that happen to you.

In your house…try not to smoke near your front door. Smoke in the privacy of your backyard as long as it’s not noticeable by neighbors or smoke in a room away from front door. If cops ever come to your house you don’t want them to smell marijuana all over your house. In fact, if a cop ever does come to your house you should immediately step outside and close your door behind you. Talk with them politely, but refuse any entry to your home and/or searches of you without a warrant. Using the “stay clean” rule discussed earlier will increase your chances as well. You don’t a bong or anything sitting on the coffee table in plain view. If they see this then you just bought a one-way ticket to jail.

In your parents home…show them respect. Don’t be an idiot and just toke it up in your room and then post a thread like “Parents caught me…now what?!” . Of course they will freak out and be disappointed if they find out little Johnny has been smoking fatties in the house. If you know your parents aren’t cool with you smoking then don’t let them know you are doing it. Take precautions while smoking at home and avoid pointless mistakes. There are ways to get away with smoking inside such as the homemade device made of dryer sheets, tubes, etc. Just do some research and you will find easy to make ways of hiding the smell. Just always use your judgment and be smart about it. Otherwise, I will see you in a ‘I’ve been caught thread” soon.




Section 4: The right way to not cooperate


Never under any circumstances should you not choose to exercise your Fourth Amendment rights. Use these rights whether you have anything illegal on you or not because you can. People quickly get themselves in trouble by consenting to searches and waiving their constitutional rights. Cops will often intimidate you into thinking you have to waive your rights. This is NOT true. This is their job and they are trained to be aggressive in gaining your permission. They are asking for permission to search you because they need you to cooperate. It is very likely that they do not have enough evidence to obtain a search warrant and/or they don’t want to take the time to try and get one. Take advantage of this even if in the end they do get one. It’s worth chancing it. They will not go easier on you for cooperating. This is a common tactic they use and will make it seem like if you help them they will help you. You are simply making their job easier and that is it. Don’t fall for this or any other crap they try. If you allow them to search you, your car, or your home, and they find something…they will arrest you and you will face the same charges a person who did not consent would face.

Now there is a right way and many wrong ways to say no to a search. If a cop asks you for your consent…do not act rude. There is no reason for you to be hostile, rude, or physically resist! This could get you into more trouble and at the very least it will motivate the officer to pursue a warrant. Simply say:

As soon as you say no one of two things will happen. They cop will either release you (yay!) or they will be forced to detain you and attempt to get a warrant. Refusing a search is not grounds for obtaining a warrant and cannot be used against you in any way. The only way they can get a warrant is from a judge or magistrate and they absolutely must have probable cause. This is where being tidy comes in handy; however, in some areas the smell of marijuana is enough for probable cause so be careful of this. Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search. Keep in mind that there are exceptions to warrant requirements, but never EVER consent to a search or even talk with an officer. If they start asking you and your friend’s questions you should immediately say:

Don’t just use this as a way to not talk to them though. You should be prepared to call a lawyer when push comes to shove! To learn more about obtaining lawyers please reference the next section of this guide.




Section 5: Getting A “Marijuana Friendly” Lawyer In Your Area


So you end up getting taken downtown and they are getting ready to grill you about the events of your night. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised until your attorney arrives. DO NOT answer any questions without your attorney present. That means the first words out of your mouth should be:

The main thing to remember here is anything you say to law enforcement officers, reporters, cell mates, or even your friends can be and most likely will be used as evidence against you. Don’t provide them with evidence!
To get a lawyer in your area click the link below and then click on the state you live in. Print out a contact card for one in your area. Put this in your purse or wallet immediately after printing! I recommend laminating it if you can to be sure that it stays in good shape.


http://norml.org/index.cfm?Group_ID=3445




Section 6: Educate Your Friends & Yourself


Don’t let your friends remain unaware of their rights. This can hurt them and you. Make sure they know how to deal with situations like this as well. If you and a group of friends end up being questioned you should ALL remain silent and contact a lawyer. Don’t let them fool you by saying someone else will talk or one of your friends has already confessed. When in doubt stay silent, contact a lawyer, and make sure your friends do too!!! Also, continue to educate yourself. There are plenty of great websites out there that can keep you informed as well as help you take precautions in the future. Here are a few great ones:


http://www.forums.grasscity.com – Tons of respectable members here that can help!
www.norml.org
http://www.mpp.org/

Have anything to add? Please do!

 

You would be surprised at the amount of people who do not have this knowledge. This is from personal experience though...maybe forum users are smarter. I had a friend get busted a few years ago and had no idea pot friendly lawyers even existed. Could have saved him some time and trouble. Literally.

 

I've signed many leases and have never seen that in my time. I believe you, but I suppose it's not common where I have lived. I've always dealt with random visits for air filter changes, etc.

 

Yeah that's the reason I left my old apartment. They were really bad about it. I never got caught doing anything illegal but I can't tell you how many times I frantically put clothes on and jumped out of bed.

 

Yeah educating them is a good thing to do. The smarter you are as a group...the better off you will be!

 

There's a lot more to it than that...lol. As for not opening your door....you could do that definitely. However, I would prefer to talk to them and get it over with rather than just let them sit outside my house. I never smoke in the front part of my house so the odds of it smelling like pot are slim. I would just go outside holding a glass of wine and chat like nothing was going on. Why are my eyes red? I've been drinking of course!