Food and Drug Administration (FDA) Disclosure:

The statements in this forum have not been evaluated by the Food and Drug Administration and are generated by non-professional writers. Any products described are not intended to diagnose, treat, cure, or prevent any disease.

Website Disclosure:

This forum contains general information about diet, health and nutrition. The information is not advice and is not a substitute for advice from a healthcare professional.

cops mj test

Discussion in 'Seasoned Marijuana Users' started by PizzaBagels, Sep 4, 2008.

  1. hey guys, I just saw on cops a po say that if you are high on any kind of marijuana substance you can not cross your eyes. Well I surely can. Can you cross your eyes when you are high? Im thinking that is a bullshit test. I smoke everyday, I guess that could effect it too. Any thoughts on this?
     
  2. I could be wrong, but I think when they ask you that they are looking to see if you do cross your eyes because if you do then you are kinda admitting that you are high. If that makes any sense. :smoke:
     
  3. maybe they do it in order to see more of the whites of your eye so that they can take a closer look and see if they are red. just a thought.
     
  4. They do it because when you are high, and you focus on his finger, you will not cross your eyes when he draws it towards your face. If you are not high, you will cross your eyes.
     
  5. I'm high and I can cross my eyes, I think you must have misunderstood it somehow....
     
  6. yes i know why they do it, hootskers420 is right. I can cross my eyes when I am high though. Would I be capable of beating that test?

    pinball wizard- I have also heard this many years ago from a OC sherrif, cops reminded me of it. I did not misunderstand the test.
     
  7. I saw that earlier, actually.

    The guy was on meth, not cannabis.
     
  8. i would just say i never learned how to do that if i really could not do that high. what the fuck would the piggy do if you said that?
     
  9. if anything its just another trick to get see your eyes. if they are red then they can use suspicion of being under the influence and pretty much force u into a test or talk you into getting yourself in trouble. my dad whos a lawyer has cases where people have red eyes then the cops think they are high so under that suspicion he would search their car and find drugs or something. he said its pretty much bullshit but it happens. nice having a dad as a lawyer. he tells me all the ways cops try to bullshit you. what a bunch of assholes.
     
  10. #10 CheebCheeb, Sep 4, 2008
    Last edited by a moderator: Sep 4, 2008
    Its a test they do, like hootskers said, when they have you follow their finger, or pen, while doing a sobriety test, when they put it in between your eyes, your eyes will not cross when you are high, meaning you will be focused on his finger but your eyes will not move as close together as they would if you were not high, not something you have control over, there not saying, "cross your eyes, if you cant, you're high", they say focus on this object and if your eyes dont cross theres a chance you are high... Get what Im saying?

    Not saying the sobreity tests dont have flaws and will differ person to person, but it would be your fault for consenting to a sobriety test, it is 100% your right to reject a sobriety test without and penalty, if you do consent to one and pass it with flying colors remember a cop can do anything he wants, and still arrest you and say you did something wrong which will just be more evidence for him when it comes to convicting you, and if he is experienced he will have his camera off so its your word against his.

    I got arrested for a DUI, was wasted, I was confident enough that I could pass the test, tried, and actually did pretty well, for having a .159 bac I did perfect 9 steps and turn each way, held my foot up and counted perfect from 1001 to 1028 and touched my nose with the right hands but yet still got the coughs, im sure I did horrible on the pen test but the science in that has flaws and a lawyer can throw that out easily, lucky for me my cop decided not to turn on his camera so I had nothing to say i did alright on my test. My advice is NEVER consent to a sobriety test and NEVER blow, they have NOTHING on you, besides a ticket for what they pulled you over for.
     
  11. it has to do with your eyes clicking and moving not crossing. when you look into the corners of your eyes they flutter.
     
  12. #12 PizzaBagels, Sep 4, 2008
    Last edited by a moderator: Sep 4, 2008
    nuglord420- haha i know he was on meth, but he said he got stoned earlier and the cop deteremined he wasnt on any cannabis substance with the test im asking about

    guys, I dont give a shit if cops can see my eyes, all they need to do is look as they are on my face. They are white as santas beard even when i smoke, im high all day. That is not what the po was checking for anyway as he already could clearly see the dudes red eyes. This was also after checking his eyes on a pupil chart and then checking the dialation with a light so he got a good look.

    CheebCheeb that first paragraph helps alot. The cop said that dude was not under the influence of mj due to that test though(there was no might) even after the guy admitted to smoking herb 4 hours previously and having red eyes...I know he wasnt saying "cross your eyes, if you cant your high" but he was basically saying if you can cross your eyes you are not high on mj...

    Heres a hypothetical, say i was high and driving perfect. I get pulled over(no front plate or some bs), and my car smelled like dank. I have medical paperwork and I am in CA so he gets over the nuggetry. The cop thinks i might be high but but there is no proof. I pass all sobriety tests but he still wants me for DWI and performs that test. Could being able to cross my eyes when high lessen his suspicion?
     
  13. the po said, "When you are under the influence of anything mj related youre eyes will not converge"...like it was a fact from god
     
  14. How is it that you can guarantee this. This argument has so many variables.
     
  15. all I know is that cops think they know all kinds of things about pot....

    I worked at a pizza place where the night cook was a reserve deputy and all of his cop friends came in all the time...they would ask me questions like 'so what part of the plant do you smoke, anyway?' They don't even know THAT half the time...lol
     
  16. #16 CheebCheeb, Sep 5, 2008
    Last edited by a moderator: Sep 5, 2008
    If you say to him hey look I can cross my eyes and do it, he will probably laugh at you, just because its jut not a part of the test. Ever seen some episodes of wildest police chases where the drunk ass mother f'er tries to do a back flip to prove hes not drunk, given he busted ass and landed on his head, but if he had done it I don't think the cop would have let him go, he just would have thought he was a drunk mother f'er who can do a back flip. When you say hypothetically you pass ALL the tests that would have meant that you passed that test. The finger or pen test IS included in the sobriety tests, but keep in mind if a cop wants you for a dwi he will get you, if he really thinks you are under the influence like I said before it doesn't matter what tests he has you do, he knows he is taking you to jail anyways and he is just using the tests to find any little bit of evidence he can get against you when it comes to court. And also realize this, cops don't care if you get convicted or not, a DUI to the dmv is completely different to a DUI or DWI to the court.
    There was a story in the newspaper about a guy who got pulled over and the cop performed the sobriety tests on him, had him count back words from 1031 in incriments of 7, the guy told him he couldn't do it, the cop took him to jail, and the guy blew straight .0000. Given the case got dropped but this guy still had to go through the dmv, take the dui class which is 250 bucks in my state, pay thousands of dollars for a lawyer to get the case dropped, and pay the rest of the little fines that go along with a dui. And even if a dui gets dropped in court it is going to stay on your record for 75 years as a DUI or DWI ARREST, not conviction but an arrest, so the next time you get one it will be your second, like I said even if the first one gets thrown out.

    Try asking the cop that question, it is part of one of their tests, that is why you NEED a lawyer if you get arrested for dui or dwi. This is what the cop wrote on my affidavit for my sobriety test on that part.

    Word for Word:

    "First Exercise: Horizontal Gaze Nystagmus (HGN)

    Prior to starting the exercise, I insured my front overhead emergency lights on my patrol vehicle were turned off leaving only the rear flashing lights. I explained the exercise and gave the exercise instructions to the driver. Holding the stimulus (a silver pen with black tip) vertically in my left hand, I placed my pen approximately 12 to 15 inches away from the drivers nose, holding the pen just above eye level. I asked the driver if he could see the pen, to which the driver responded, "Yes." I asked him if there is anything in the surrounding environment that would cause him not to see the pen which the driver replied, "no."

    After fully explaining the instructions of the exercise to the driver, I asked the driver, "Do you understand the instructions?" which he replied, "Yes." and "Do you have any questions?" which he replied, "No."

    The driver exhibited six of six clues while completing the exercise.
    I observed a lack of smooth pursuit: in both eyes.
    I observed a distinct and sustained Nytagmus at maximum deviation: in both eyes.
    I observed the onset of Nystagmus prior to 45 digress: in both eyes.

    Lay observations and statements while completing HGN:
    The driver was not wearing contacts or glasses.
    The driver has brown eye color.
    The driver was wearing black tennis shoes for footwear.
    I observed the driver have a slight orbital sway (counter-clockwise) while completing the exercise.
    The driver stated he has smoked marijuana earlier in the evening, but did not have on his person."

    Try arguing that in a court in front of a judge by yourself.
     
  17. regarding the dude who said you can refuse sobriety tests,

    thats kind of shitty advice dude. in connecticut if you refuse to take a sobriety test its an automatic 6 month license suspension no questions asked.
     
  18. #18 CheebCheeb, Sep 5, 2008
    Last edited by a moderator: Sep 5, 2008
    You may want to check that out, maybe its different state by state, but at least here you are allowed to refuse a sobriety test, with no penatly, if you refuse to blow it is automatic 1 year suspension, but refusing both will give you a 80% better chance of beating the court as they have NO evidence against you other than the reason they pulled you over for (and any other dumb comments you decide to make). Now if you are not planning on getting a lawyer I would blow because that will be 6 months without a liscense instead of 1 year.

    "Unlike the chemical test, where refusal to submit may have serious consequences, in most states you are not legally required to take any FSTs.

    The reality is that officers have usually made up their minds to arrest when they give the FSTs; and the tests simply provide additional evidence. The suspect inevitably "fails" the FST. However, officers are likely to testify that the FSTs were administered to help determine whether you were under the influence. This is because they don't want to have to testify that during questioning, you were not free to leave (ie, “under arrest”). If you were under arrest, they would have been required to advise you of your Miranda rights even to ask you if you were drinking, and they don't want to do that and remind people to shut up. So if the officer testifies that he asked you to do the FSTs because he was not sure you were under the influence, and you refuse the FSTs, that can build “reasonable doubt” into your case. The blood-alcohol test is another issue, of course.

    Obviously if you appear drunk in a videotaped FST it will not impress the judge or jury. Thus, in most cases a polite refusal "until I speak with an attorney" may be the most appropriate choice. Since the “pass” or “fail” on the FSTs is purely subjective, with no published standards for “passing”, you have little chance of helping your situation by taking the FSTs."

    source:
    http://criminal-law.freeadvice.com/drunk_driving/refuse_tests.htm

    read that pretty carefully, remember that a cop DOES NOT have to read you your rights for a dui arrest, but the second you are placed under arrest he is not allowed to ask you one question, so notice how they say they use the fst to make it look like thats what determined whether or not they thought you were under the influence or not so they can ask you more questions and get more evidence. Most cops know right away whether or not they are going to place you under arrest.

    I would look it up state to state though because it looks like in the states that you are not allowed to refuse the test there are serious penalties, and also I found out if you are under 21 or on parole you cannot refuse the sobriety test.
     
  19. thank you again cheebcheeb that was what I was looking for, thanks for the insight.
     
  20. In actuality, the chances are that they were just seeing if you knew. If so, you obviously smoke and therefor are a person of interest. When it comes to the police, it is usually best to play dumb, or even better say nothing.
     

Share This Page