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Busted for under an oz and paraphernalia... questions inside

Discussion in 'Seasoned Marijuana Users' started by xenith, Feb 17, 2013.

  1. #1 xenith, Feb 17, 2013
    Last edited by a moderator: Feb 17, 2013
    So rolling with a buddy we just got done smoking a bowl and we're getting pulled over. We put everything away in the center console but it reeks, doesn't help that it's really strong smelling bud. Officer smells it right away and I give it up. Long story short we got everything taken, both charged with possession and me for paraphernalia. Fortunately I live in a decrim state and it's my first time so I just to have to pay a fine.

    My question is did I do the right thing in this situation? I figured that the strong, obvious smell was reasonable suspicion and he would've been able to search my console whether I gave consent or not since it's not locked.

    Not looking for legal advice just wondering what y'all would've done.

    EDIT: looks like my state's decrim status has not changed it's search and seizure laws regarding mj. So I think I was correct in giving it up.
     
  2. #2 ManBearKitten, Feb 17, 2013
    I got busted in a similar situation, also in a decriminalised state (in Australia, though), and I just fessed up straight away. They knew what was going on, and if I was a dick to them, they could be serious dicks to me.
    My car was old and probably defectable, and I was stoned and in my car with the keys in the ignition (DUI)...they ignored those things because I was honest, and even said they'd call my parents in the morning as opposed to ringing them at 1am (the time when I got busted), because they'd be less angry that way.
     
  3. #3 Allred17, Feb 17, 2013
    wen i used gto get busted few years back being a wreckless youth.. the cops here in canada always jus took my flower, or hash n kept it for them selves.. lol ya it was good u gave it up rather than tthem ripping apart your car or w,e jus to find the same thing right
     
  4. #4 Dr. Sheldon Cooper, Feb 17, 2013
    Smell is probable cause true, but you giving your weed up you just self incriminated yourself. I would have made him search the car, but that's just me, still would have ended the same way. But in a non decriminalized state if they search your car and you don't consent you have a better chance of getting the evidence thrown out.

    But, you didn't do anything that wrong, just pay the fine, and don't drive and smoke anymore. Too dangerous. Even in states like Colorado driving and smoking, well any smokin in public, is still illegal.
     
  5. #5 xenith, Feb 17, 2013

    Thanks for your comment and all the others.

    By the way they did still end up doing a full search of the car (but not the glove box or trunk...) and a rather invasive patdown of both of us. Interestingly they confiscated my barely-legal knife but gave it right back to me, I thought that was gone for sure. I am out about $150 worth of paraphernalia though.
     

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