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Is this even fucking legal?

Discussion in 'Apprentice Marijuana Consumption' started by BerryZ, Sep 18, 2011.

  1. #1 BerryZ, Sep 18, 2011
    Last edited by a moderator: Sep 18, 2011
    Last night at around 1 AM I left a party I was at to go meet up with my friend who was gonna smoke me out. I was slightly tipsy / high from the party, but completely in control. As I get outside my friends apartment building I call him and tell him to come on out.

    As soon as I hang up I am blinded by a car that pulls up in front of me and then stops. After a second I realized it was a cop, but I didn't really mind b/c I had nothing on me except a cigarette on my ear. The cop comes out with his flashlight and baton and blinds me while questioning me. He said there was a report of teenagers walking around smoking marijuana in the neighborhood and he asks me where I was going, who I was with, how old was I, etc etc.

    I answered all of these very respectably and convincingly. He claims that he smells marijuana and that I look high. I tell him that I had no idea what he was talking about and I was just out to smoke a cigarette. He calls bullshit and orders me to spread my hands on his cruiser and then this guy fucking searches me, against my will. I attempt to resist slightly and he threatens to arrest me for disobeying a police order. Well he searches me and finds NOTHING, even emptied my cigarette to see if I had any bud stashed in it.

    I am thoroughly pissed at this point and he is obviously pissed he looks like an idiot now. He quickly gets in his car and peels away telling me I could leave. How the fuck did he have the right to search me? Or did he do so illegally?

    edit: Also this whole encounter happened on foot - I walked to his house.
     
  2. he violated your rights! you should have asked his name or got his car number and reported his piece of shit ass.
     
  3. [quote name='"gvillekrypt"']he violated your rights! you should have asked his name or got his car number and reported his piece of shit ass.[/quote]

    Wrong. In his eyes and the laws eyes, he had 'probable cause' to search you. The scent of marijuana is enough to search you or your car.
     
  4. Me personally, would have ran.
     
  5. He may have had reasonable suspicion. Since you were high, he might have smelled you up. I think that counts for reasonable suspicion, not sure.
     
  6. Honestly, who gives a fuck, you're doing something illegal by smoking weed (whether or not it should be illegal is irrelevant), if you smell like it you shouldn't be surprised when you get searched by a cop. You have no idea about dirty cops if that's the worst that's happened to you in terms of having your rights violated (which I'm pretty sure they weren't even).
     
  7. Doesn't matter if it is or isn't. He can do what he wants and you have to sit there and take it.
     

  8. Stop and Frisk: In the landmark case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court of the United States ruled that, in certain circumstances, the police are permitted to conduct a warrantless “pat down” search of an individual with less than probable cause in order to ascertain whether or not an individual is carrying a weapon. The police must have reasonable suspicion to believe that “criminal activity is afoot” and the police must be able to articulate specific facts that led them to believe the person searched was armed and dangerous. A mere hunch or an officer's “gut feeling” that someone is armed is simply not enough to justify a “Terry Stop.” A Terry Stop must be limited in scope and last no longer than is necessary to confirm or dispel the officer's reasonable suspicion.

    that has nothing to do with weed but gives you an idea of what they need to do a pat down or whatever. even though i think the "smell of marijuana" is a bullshit reason. i dont believe you can just go around telling people they smell like marijuana and search them. i would have said no sire you may not. he had no reason to believe you were dangerous, he is just another dick cop if you ask me.
     
  9. Uhh, I am pretty sure that the scent of marijuana on someone is "reasonable" for suspicion.
     

  10. ^yep^, it's bullshit but it's true.
     
  11. Yes that is legal
     
  12. You obviously have never had a run in with a cop like this. Just because you know shit like that doesn't mean you are gonna get away with out being searched. If a cop wants to search you he will search you whether you believe it is legal or not. Your car is a different story, but walking down the street, if a cop thinks you have weed on you and wants to search you, he will.
     

  13. i haven't, i didnt know all that i just learned it as i posted it lol damn i thought i had more defense against cops then i really do. kinda fucked up
     
  14. Worst idea.... this never worked for me.... if you run they have a real reason to chase and arrest you....:(
     
  15. You just got raped man, there's no such thing as disobeying a police officer, go to your local police station find out which cop it was DEMAND an image of every police officer there is find which fucker it is get his name and sue the little shit.

    Disobeying a police officer, i hope the power tripping cunt gets hit by a bus before you find him :mad:
     
  16. ^^^^ if u r a track star, u should run. :)
     
  17. I'm guessing probable cause. You may of thought you were acting pretty sober, but that's never really the case :p
     
  18. Don't ever talk to the cops, you don't have to. Just say you're exercising your 5th amendment right.
     
  19. It may have been perfectly legal, but wether he should legally have that ability or not is a completely different issue.
     

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