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Arrest Advice

Discussion in 'Seasoned Marijuana Users' started by GeminiWolf, Aug 11, 2008.

  1. Hello GCers! I don't post very often however a recent turn of events has forced me to seek out some advice. I live in Connecticut and was arrested a few weeks ago on charges of possession and paraphenalia. What happened unfolded something like this:

    I was pulled over on the side of the road talking on my cell phone (the legal thing to do...) around 11 PM on a Thursday. I see a cop drive past me and think nothing of it, when suddenly I see the cop whip around and fly up besides me and then behind me (for the cameras I assume). I roll down my window (phone still on my ear) and the conversation goes like this:

    Cop: What are you doing on the side of the road?
    Me: Talking on my cell phone (person on other line is silent while I talk to the cop)
    Cop: I smell alcohol, have you been drinking?
    Me: I had 2 beers about 5 hours ago after work. None since then.
    Cop: Two beers?? That's rediculous, you REEK of alcohol!!
    Me: Well THAT is impossible....
    Cop: Please step out of the car
    Me: (to friend on phone: let me get back to you *hangup*) to cop: why?
    Cop: Because I belive you are intoxicated, your eyes are funny. Maybe it's Marijuana... Step out of the car.
    Me: *I freeze at the word marijuana and get out of car... first big mistake*

    Cop pats me down, finds nothing on me.
    Me: If I am so drunk I deserve a breathalizer.
    Cop: yeah yeah we'll get to that.
    Me: Well how about some field sobriety tests?
    Cop: We'll get to that! I know you're on something. I'm going to search your car.

    This is where it gets fuzzy... I NEVER said YES you can search my car... however I never said NO either... he proceeded to search my car, went into my purse and found nearly a quarter of some danks that I had just picked up. Puts me in cuffs, read my rights. etc. Meanwhile TWO more cop cars pull up and the first officer nearly has a fit.. which is weird.. he runs back to the other officers (rookies) exchanges words with them out of earshot and then they ll march up to me. One of the rookies siad "Breathe in my face" so i did, where he replies "Oh yeah, you STINK like alcohol." So I demand a breathalizer again. At this the guy who puled me over brings me to his car and puts me in the front (there was a BABY seat in the back...) and brings me to the station. Proceeds to fill out all the paperwork for DWI, Pot and Paraphenalia. Again I demand a breathalizer. He finally gives me my field sobrity tests IN the station which I don't even know if I passed or not, he was very vauge.. then he gives me a breathalizer finally. I blew a fucking 0.0 ZERO. ZIP NADA. No alcohol. Officer again seems to get very angry. Says: "that's weird because you DO stink like alcohol." I reply "Yeah, that IS wierd." In a very sarcastic tone of voice. Angry officer pme in the cell and goes upstairs to talk to his rookies. Comes back.
    "We're going to have to give you a urine test."
    Me: No you're not. I concented to your damn breathilizer and passed with a 0.0. We both know that I had pot on me an you couldn't properly test if I had been smoking anyway since you and I both know that pot stays in your system for 30 days! So whether I smoked tonight or 29 days ago it's going to come up!!

    Again angry Officer puts me in the cell.. goes up to talk to schmuck rookies, comes back down, rips up all paperwork and says
    "Well, we arent going to give you a DWI charge" at which I reply "Damn straight."

    He didn't like that too much but I was getting really irritated about the whole thing after having time to sit and think it all over in my head. He rewrote all the paperwork without the DWI charge, fingerprinted me, and sent me on my way. Oh yeah, and did I mention that I had to call for a ride because they impounded my car!!?

    Now, I know I had the power at the time when he was first at my car him to search it. However this tiny bumf*** town has no field breathilizers. Even if I hadn't concented to search he would have had to take me to the station to get the damn breathilizer at which point the rookies who invaded later would have gone through it anyway. Legal or not. It's happened to people I know.

    This whole thing just doesn't seem right at all... I really dont feel that the officer had any right to pull me out of the car in the first place. I wasn't even drunk at all, which was his first 'suspicion..." then they search my car without concent (but without me saying no, either...) and then after compleatly acing my breathilizer trying to force a urine test on me!! Anyone have an advice to give me on this whole thing??
  2. cops need reasonable doubt to gain access to your vehicle. You being stoned/acting funny + "the smell of alcohol" is all he needs to justify a search of your vehicle. When you agree to your drivers license, there is a clause that stipulates you are entitled to vehicle search with reasonable doubt

    after going back and reading the second half of your post (which ididnt originally when replying) it is clear that they were shitting bricks because you were NOT drunk and their original suspicion (reason of arrest) of alcholol was completely unfounded and they knew the pot charges would not stick

    long story short, the officer acted within his legal boundaries, but once he found out you werent drunk at all, they knew the DWI charges would not stick because they are unconstitutional
  3. Did you leave your door open when you stepped out or anything? Cops will take any opening they can get, and if you don't not consent, you're basically consenting.

    If a cop asks you to step out of the car, I'd grab your keys and lock the door. If he asks you why you locked it, act like you didn't even notice you did it and tell him it's just reflex when you exit your vehicle.
    Of course, if he has probable cause, he can search it anyway. But at least that way they can't pull one of them sneaky ass "So you don't mind if I search your car then?" *jumps in before you can say a word* tricks.

    I'm not too up on drinking and driving laws. The officer saying he smelled alcohol may have been probable cause to search... I know it is with marijuana, really not sure on alcohol though. Either way, he's not required to tell you whether you have the right to consent or not.
    I think I'm rambling now, I'll leave this to someone else. :smoking:
  4. The smell of alcohol isn't probable cause of a search, the freezing of her face at the word pot may or may not be, I'm no legal consultant but I'm pretty sure if you don't say no to a search then it'll hold up in court because you had the right to say no, but you said nothing and let him continue. Do I think that's right? Hell no, but you let him do it.

    And with the sarcasm, it just makes it worse, won't help you one bit. You need to be respectful yet firm, and obvious you know your rights but not being a jerk about it or they'll go the extra mile to fuck you in the ass.

    The breathalyser thing is bullshit, that happened to my friend once, he had some gum and he got pulled over and the guy told him he smelt like peppermint schnapps and that he was drunk, he consented and repeatedly asked for a breathalyser and the cop just went on about how he knew he was drunk as shit. Same thing back to the station and 0.0. Fucking retards. What kind of douche bag drinks peppermint schnapps anyways?
  5. take one for the team.....murder those cops.
  6. its 100% legal to search unless u say no (long as they have reasonable suspicion) ....

    p.s if u ever have a party and cops try to come in, tell them warrent or no, and they HAVE to stay out and u can clear the party out hahaha
    (referring to canadian laws)
  7. quite unnescessary.

    what will this solve?
  8. Get that supressed, if you get a good lawyer, you can pwn those pigs in court.
  9. I would Just leave it.. Be thankful that you didn't get charged with anything.. if you took it to court it would be your word against the cops so..?
  10. you have bad luck my friend, just last week i was going to meet up with my friend to chill, i park my car at a public park and get in his because we thought it was a bit sketchy. we meet up take about 10-15 bong rips each and he drives me back to my car. right as im about to pull out a car pulls in and corners me so i cant get out. i thought i wrecked so i reached for some mouthwash which was in the back seat. he sees me do this and thinks that im trying to hide my drugs. he also told me i smelt like alc, even though i dont drink. ill put up some of the convo

    Cop:your legs is shaking (as he shines the light into my car to try and see), why?
    Me: I'm sorry is it against the law to be nervous
    Cop:Theres no need to be nervous if your doing nothing wrong
    Me: Yeah there is i haven't decided what you are yet
    Cop: what do you mean
    Me: There are Cops, and There are Pigs; both are different and your just trying to bust an 18y.o. for drugs when there are actually people who are a menase to society...

    I didnt concent to a search and he tried to get a k9 unite up there so then it would smell it in my car for probable cause, i told him that it was bs i could see my house. ended up being let go but he put it on my record that i was trespassing, seems the public park is private at night.

  11. a couple less cops in the world.
  12. i would go to norml and look that up and find a lawyer asap!

    sucks you got busted liek that
  13. yea there's probably not much you can do in this case. if the officer said you smelled like alcohol and thought your eyes were bloodshot then he will probably use that as reasonable suspicion. heck he might even say that he smelled marijuana as soon as you rolled down the window. like others have said its basically your word against his, and judges almost always go with what the cop says happened.
  14. cops arent a problem.
    if you want a problem.....
    feds are a problem
  15. That sucks, shrug it off. Its all bullshit how the legal system works anywyas.
  16. i thought girls could just pull their shirt down a little bit and the cop would let you go

  17. You ever try whippin' out your cock on a female cop? Did it getcha outta trouble? :p
  18. Haha, probably get in more trouble seeing as those female cops are always so touchy and striving to be "respected".
  19. You come off as a immature ignorant fool.

    But, I bet your not. ;)
  20. Never consent, also get a good lawyer. Theres a good book about marijuana laws, in the us its called Marijuana law by Richard Glen Boire. Talks about what is considered a legal search and what is not, and all the laws, great info for this kind of situation.

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