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Arrested, Possible Grounds to Challenge?

Discussion in 'Apprentice Marijuana Consumption' started by Free a Tree, Nov 28, 2011.

  1. Last night, my friend and I were driving last night and we were pulled over by the five-o. The officer asked us if we were drinking, claiming my friend had be crossing the line (which my friend claims he was not). The officer asked for our IDs and his registration. Again he asked if we were drinking and then said he could kinda smell marijuana in the car. We told him no, and he started looking in the car with his flashlight. He came over to my side of the car (where under my seat i had a bag of bud, gatorade bottle and the sharpie socket combo was in my pocket).
    The gatorade bottle had rolled out and was by my feet, which the officer noticed. He reached in and grabbed it, saw that it had had water in it, weed pieces, ash and their were the burnt holes on it.
    He asked us to put our hands on the dash and then had my step outta the car were he searched my pockets, found the sharpie and then later the weed under the seat. When he was searching me he asked why i was shaking and i said ive never been frisked before where he said i was being searched.
    So im justing wondering if the gatorade bottle was enough to search the car and us, or did by going along with it was it consent. I already set up a meeting with my lawyer but was wondering what ya'll thinking. The other officers who arrived at the scene even said he had a couple busts that night, one other weed one and a couple drunk drivers, but i dont think that makes any difference but says hes a douche.
    Thanks and ill keep yall updated.
  2. Sounds pretty much like a solid case, sorry bud. You'll probably plea out to a year probation at most, depending on where you live.
  3. Plain view doctrine. If it is in their plain view it is probable cause to search. just wondering what was so special about this gatorade bottle that would lead a person to believe that criminal activity was afoot.

    The only thing that may get you out of this mess is if your friend (the driver) was also the owner of hte vehicle. If he didn't consent to the search and you did than the evidence can be thrown out assuming he OWNS the vehicle. If the owner is present and doesn't consent to the search than a warrant from a judge is needed for the officer to preceed.
  4. I live in virginia and am over 18 so i think its just minumin 30 days (which i doubt theyll do it) and $500 fine.

    the gatorade bottle was used for a bong, the sharpie was the stem and the socket was in the top with a socket, and it had the burn holes for the carb and female part and had res and green shit, i guess weed that had pulled through cause its not that good a piece
  5. You'll probably get a conditional discharge.

    The case is open and shut, though, unfortunately.

    And always remember the "Plain sight" law. And try not to travel with shit - especially smoking pieces.
  6. Smelling the weed gave him enough reasonable suspicion to do whatever he wanted
  7. Yo bro im from mass but I was on a roadtrip to Florida with my boy last year and we smoked close to 20 faceblunts right before we got pulled over by Virginia state police, they found a total of 28 pieces of paraphabellia. They told me I had to fly back down and go to court which I never did and they charged me in my absence. In total I got $200 in fines and that's it, and I claimed that almost all the shit was mine so you'll be fine man best of luck to you, if you have even a decent lawyer you'll be all set.
  8. Why are people afraid of putting bud in mason jars :confused:

    Isn't it easier to avoid the problem, than solve or deal with it? :smoking:
  9. Sucks for you. Me and my boy got stopped, and he swallowed a gram. The car got searched, and they found nothing. I think it was worth it..
  10. Quick question to throw out there... sorry if I'm hijacking.
    If you are parked somewhere, and an office approaches and asks to search, and you refuse consent of the vehicle, can a dog hit on the vehicle give the reason to search?
  11. Plea bargain...You have no ground to stand on here.:cool:
  12. Yes.:cool:
  13. So is anyone here from VA and knows what ill most likely get in court?
    From the internet, i gather its up to 30 days in jail and $500 fine, but im sure it will get knocked down, I'm not sure if probation or whatever though

    Orginally from NJ, down here from college, and up there youd get 6 months and prob heavy fines, but they also arrest you and take you down to the station for it, where as here i just got a ticket
  14. He could search ur car even if he just smells weed
  15. Where is your ID from? That will be the main ticker, outside of that you're looking for at least one year probation (monitored) and another year unmonitored.

    Essentially, one year piss test, two years don't get in trouble.:cool:

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