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Had a cop encounter last night, was it legal?

Discussion in 'Apprentice Marijuana Consumption' started by LunarWilderness, Nov 12, 2011.

  1. #1 LunarWilderness, Nov 12, 2011
    Hi everyone, im looking for some opinions on if a cop encounter i had yesterday was actually legal. So i was with 3 of my friends last night and we drive over to our usual smoking spot, which is a small parking lot on the side of the read near a pond. We go there because it is pretty secluded and there is not much around it. So we had just smoked a couple of bowls and were just sitting in the car talking when we see a car come by. The car does not continue on but instead pulls right off the road and stops in front of us. We realize that its a cop.

    He gets out of his car and walks over to our car. He asked my friend who was driving what we were doing out here, and he just tells him were just sitting there. He then tells us that he smells marijuana smoke.

    He asks whoever owns the weed to hand it over. none of us speak. the weed belonged to the driver, and the cop would not back down. Eventually my friend gave it up, it was the only option. the cop takes it and then starts shining his flashlight in the car looking for other things. he looks in the back seat and sees the backpack between my friends legs. he walks over to his side and tells him to get out with the bag.

    In the bag are 2 bongs a pipe, grinder, jar and lighters. the cop takes the stuff. Then one by one he asks us to get out and empty our pockets. Thankfully none of us had anything else on us.

    Then the cop gets to the spiel. He tells us we have two options, he can either give us all tickets and have to go to court, or he can take the contents of the bag and let us go. My friend who owned the bongs, who is 18, said he was not sure if he was allowed to take concealed paraphernalia from an adult. The cop said he could. Then my friend asked if he could alone get the ticket, because he was the only one with stuff, but the cop said no he couldnt do that.

    If you have read all of this thank you, my question is did the cop have the right to search the car based on smell, and did he have the right to take all of my friends stuff.
     
  2. #2 Philosiraptor, Nov 12, 2011
    Yeah smell gives him the right. Fyi for smoking in public: busy parking lots are better for smoking as long as you watch for people. You want to park surrounded by other cars so most people won't be able to see you anyways. ;)
     
  3. #3 SanDiegoStonerz, Nov 12, 2011
  4. #4 wondersquirrel, Nov 12, 2011
    The cop was right. Smell gives probable cause for search and seizure. At least he was cool about it though, if it had been where I live everybody would've gone to jail and the car would've been impounded.
     
  5. #5 CraZKronik, Nov 12, 2011
    He has the right to stop you guys for smell and take your stuff...i think he is nice because they dont have to let you off even if they take all of your stuff your still fucked, giving him your stuff shouldnt cancel the punishment...im no lawyer so id be interested to see what the actual rights and rules are
     
  6. #6 matsuzaka2004, Nov 12, 2011

    We're in Massachusetts, where smell is not considered probable cause anymore.
    The reason we're both asking about this is because the 18 year old in this scenario is now mad at his 3 other friends. He thinks that if he had chosen for us all to receive tickets, then he would have got his stuff back.

    So basically, if a cop finds paraphernalia (dirty), would the owner of it get it back if they receive a ticket? Or would the cop still be able to take it?
     
  7. #7 shbbymosh60, Nov 12, 2011
    That's actually a pretty lucky result. Someone would have been going to jail around here.
     
  8. #8 matsuzaka2004, Nov 12, 2011

    We all completely agree!
    However, the 18 year old who lost all his stuff (nobody else lost anything besides a tiny bit of weed), thinks it'd have been worth it to fuck everyone else over and get tickets in exchange for keeping his stuff. The 17 year old driving would have probably lost his license, and they all would have been completely fucked over with their parents.

    We're saying that he wouldn't have even kept his stuff even if we did get tickets, so it's stupid for him to be mad. Right?
     
  9. #9 JassyD, Nov 12, 2011
    First of all cops are above the law.

    Second of all don't park on the side of the road and smoke. Because yes the cops will stop.

    Third of all yea smelling weed is probable cause. He coulda pulled you all outta the car at gun point and raped you with his baton if he wanted too.

    Be happy he didn't take you all to jail.
     
  10. #10 JassyD, Nov 12, 2011

    Cops take all paraphernalia. No ifs ands or butts. You think if you robbed a bank and had the money in a gucci backpack the cop would give it back?
     
  11. #11 shbbymosh60, Nov 12, 2011
    Yeah, I think so. It's not the smartest thing to be driving around with all that stuff anyway. Everyone else getting a ticket would not have made the situation any better.
     
  12. #12 wondersquirrel, Nov 12, 2011
    [quote name='"matsuzaka2004"']

    We're saying that he wouldn't have even kept his stuff even if we did get tickets, so it's stupid for him to be mad. Right?[/quote]

    Now that you put it that way, yes, you are absolutely right. Your friend needs to get over himself and accept it for what it is. He has no right to be mad at anybody but himself for carrying so much paraphernalia.
     
  13. #13 Octus, Nov 12, 2011

    Cops give tickets because you are doing something illegal, So how much sense would it be to be like "You are doing the wrong thing, here's a ticket"
    "By the way, here's all the things you were using to do the wrong thing back."
    They can take your shit and probably even take you to jail. Consider yourself lucky.
     
  14. #14 NYC Diesel, Nov 12, 2011
    that is really lucky (and legal), I'd feel fortunate to be able to get away clean for the price of some glass
     
  15. #15 Mardhyn, Nov 12, 2011
    I don't know where you live, I don't care. But no your friend would of not gotten all his stuff back. I had a bong, bowl, grinder, hempwick, weed, ect. all confiscated with only a ticket given for possession. If he had charged me for the bong or bowl, which were resinated, I would of had either a class A misdemeanor or a Felony, I forget which, but automatic probationary period plus possible jail time.

    So again while I don't know where you live, he definitely could of not kept it all, and could be much worse off. Have him read this if you want, then definitely look up your local laws.

    And finally be glad it was only money you lost, it's replaceable. Time spent in jail, at rehab, or probation is not replaceable.
     

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