Legal Advice

Discussion in 'General' started by bluberryTXsmoke, Sep 26, 2010.

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  1. yeah +rep
     
  2. thanks man. glad to see a fellow austin toker:wave:
     
  3. I couldn't remember the wording, but it says points will NOT be assessed. My parents also put the ticket somewhere so I can't find it and let you know all about it. I'll probably just call the number and find out. Thanks a bunch, man!
     
  4. Here is one for you, does you signature have any real weight in a court of law?

    All of your other legal advice seems pretty legit, but that sig has always cracked me up, many people use it and it seems like it wouldn't hold up.

    It's like the guy soliciting sex from an underage girl on line and saying that he thought it was role play and she was really of age, or saying it was all fiction.

    btw, can you review and comment on my sign that I have at the entry to my grow?

    [​IMG]
     
  5. OK got a couple q,s

    If you get caught with a small weight with multiple bags each with weed in them, but no scale, can they charge you with automatic p.w.i.d?

    If the officer asks you to step out of the vehicle, and you have locked it (keys in your pocket), and the cop calls K-9 unit after you refuse the search, under reasonable suspicion, and the dog smells it, are you required to give up your keys and let them open the vehicle to search the car?
     
  6. Good question. I've said it before and I will surely say it again: a disclaimer is NOT a get out of jail free card, will it hold up in court? Probably not, to be honest. This being said, I think it's crucial to set yourself up with as many tools as possible on your side, going into court. It may be able to help, so I believe a few words (even if its a small chance it will help you) is a good idea. Am I saying that everyone should have one? No. Am I saying that it disproves everything I say? No. But if it helps me even the slightest bit if my postings should ever be attempted to be used against me in the future, in a court of law OR a personal dispute--then I have one more thing going for me.

    And about your sign... I think that's very smart for you to put that up. I'm glad to see that you are proving what you are doing is in accordance with the law, and enforcing that only those who are 18+, as well as a medical card holder can enter. This sign WILL help you if you are ever investigated about your grow. I commend you for doing this, and I suggest all legal medical growers do the same thing!

    I hope I answered your questions!

    Peace and Pot
     
  7. 1. Yes, unfortunately they can and most likely will. In every state that I have researched, multiple bags constitutes intent to distribute. So initially if you are caught with an ounce, with grams or eights individually bagged you will be charged with intent to distribute. But, this is another benefit of our legal system: any reasonable jury will recognize that if you have a small amount individually bagged, with NO scale, you probably aren't a drug distributor--or you are and you're so small time that it does not matter. Probably the first. Of course there are exceptions, but if you have a good lawyer, you didn't have much weight on you, and you are a generally socially acceptable person they probably won't charge you as being a drug dealer.

    2. In that situation you have to let him open up the car if the dog detects there are drugs in the car. But the easiest way to avoid all of this, is after you refuse the search, and before he calls the k9 unit in ask the officer politely if you're free to go. Many times they will say yes.

    "If a judge determines that officer had no justification to detain you until the dog arrived, any evidence discovered by the dog can be thrown out in court." --Flexyourrights.org.

    Also, officers will often use "false alerts" to get the dog to act like there are drugs in the car, just so the officer can get in and do the search. If this happens you need to get access to the dash camera, so in court you will be able to go back and point out that the drugs were not in the car, and even if they were it was a false alert so you cannot be charged for anything illegal in the car.

    I hope this helped!

    Stay High and Stay Safe.
     
  8. #48 bluberryTXsmoke, Oct 7, 2010
    Last edited by a moderator: Oct 14, 2010
    Any guide requests for anything involving legal advice? I'm more than happy to help the city out.

    Peace and Pot.
     
  9. Can you make the K9 officer prove that the dog wasn't made to false alert?
     
  10. #50 bluberryTXsmoke, Oct 18, 2010
    Last edited by a moderator: Oct 26, 2010
    Not at the scene when you're actually pulled over. The officer will probably just do it and if you're like "No officer prove to me that THAT is how the dog alerts." He will probably just think you're being argumentative and even raise his suspicion that you have something illegal in the car with you. But like I said earlier... in most cases you should be able to get access to the dash board camera recording of the pullover, which you can use with a testimony of the dogs trainer (who can testify how the dog actually alerts when there is a legitimate scent of drugs or contraband) against the officer in court. Also, if the dog false alerts, and it turns up there is nothing illegal in the car--the jury will favor your side 99% of the time, when they realize that it was a false alert.

    False alerts are just one example of the corrupt methods some police officers use to try to lock-up supposed offenders. If you find yourself in a position where there is an obvious false alert I suggest that you do everything in your power to get legal justice.

    I hope this helped.

    Here is a perfect example of a "false alert" (taken from the officers dash camera.) I actually know where this happened.

    [ame=http://www.youtube.com/watch?v=Hkw8KgZ_LhU]YouTube - False K-9 Alert--Liberty Hill Police --Williamson County, Texas[/ame]
     
  11. BluberryTXsmoke's Guide To Driving With Weed
    Driving with weed is almost unavoidable for most regular smokers, and I feel it is necessary for me to give you my personal advice about driving with bud in your car, from a legal standpoint. I realize there are many threads about "hiding weed in your car," but this is my own, and I will give you my legal perspective of the Do's and Do Not's of driving with weed in your vehicle.

    First off, If you can avoid it, then don't drive with bud in your car. It puts you at risk should you be pulled over and searched. With that being said... here are a few tips for those that have to:

    1. Only carry a small amount of weed that can be consumed before it is found.
    2. If you MUST carry a large amount, stash it in the trunk (wheel wells are good for this.)
    3. Keep your bud in 1 bag, regardless of how inconvenient it is.
    4. Do your best to conceal the smell, but don't sacrifice the ability to consume it.
    5. Do not smoke in your car.
    6. Do not keep paraphernalia in your car.
    7. Do know your rights if you are pulled over (see my guide to getting pulled over here )
    8. Do not consent to a search
    9. Watch out for k9 "false alerts."
    10. Be cooperative if you're pulled over, but know your rights and practice them.

    I hope this short and simple guide will help someone. I'll keep making these guides from time to time and I hope that you guys stay safe out there.

    Hope this helped.

    Peace and Pot.
     
  12. I'm not from the U.S. but the law is almost the same so I'll ask anyway:
    In case I have a few grams of marijuana on me does "lying" to the cop and telling him I don't have "anything" on me worth it? What can they do to me for that? Can a police officer search someone who hasn't reach the age of 21 private parts? What reason would be sufficient for him to do so?
     
  13. 1. Is lying to a cop worth it? It is an offense, obstruction of justice. So it depends on your probability of the officer finding the bud, as well as what the consequences will be for you if he does find it. I would advise you to take the 5th (check out the video on the first page of thread.) but you said you don't live in the United States, so you may not have that right. In which case as a legal consultant I would say don't lie. (ONLY if you don't have the option to not answer the question.) But if I was placed in that situation, and couldn't take the 5th-- I would probably lie. If you're in Canada for example you may just want to tell the officer about it though. It depends on your situation. I can't help you much without knowing where you live or the legal system there.

    2. Yes. You can be strip searched but it requires a warrant and it will only probably happen if you're entering a correctional facility.

    I hope that this helped. Once again, I don't know what country you're in or the laws there... this is just general advice, answered to the best of my ability using my knowledge of the American legal system.

    Peace and Pot.

    --bluberryTXsmoke
     

  14. Thanks.
     
  15. Sadly I graduated highschool last year, but I got parapanalia charges when they searched me and found my pipe. I told them I dont consent to searches but they said they had the full rights to a search because they thought I was drinking. They never said they could smell anything. I probably signed something somewhere. I live in nebraska too if that helps.
     
  16. #56 bluberryTXsmoke, Oct 19, 2010
    Last edited by a moderator: Oct 19, 2010
    I'm going to need more specific information before I can help you out man. First off, who is they? How old were you at the time? Where were you? On foot or in a car? WERE you drinking? Did you ever go to court? and what was the specific charge?

    I'm more than happy to help but I need more information to give you good advice.

    Edit: And what is the current status of your charge(s)?
     
  17. No problem. :wave:
     
  18. #58 Dude2009, Oct 19, 2010
    Last edited by a moderator: Oct 19, 2010
    I live in ****** do I have similar rights as mentioned in the video about the fifth amendment? Please don't quote me I'm planning on editing this post a short time after I'll get an answer.
     
  19. I have no knowledge on the legal system in Israel. If you want I can look into it for you but anything I find you could probably find out on your own.

    Sorry I can't help you further.
     
  20. #60 The Third Eye, Oct 19, 2010
    Last edited by a moderator: Oct 19, 2010
    a cop searched my car because he said that he smelled marijuana in it, which is impossible because i have never once smoked in my car nor was there any in the car at the time, i feel it is also important to state i was wearing a t-shirt, pictured below, and that after he searched my car, he called the dogs, the dogs came sniffed the car, and then he gave me a speeding ticket for going 3 miles over the speed limit. Is there anything i can do? i feel violated.
    edit: i live in south carolina.
    [​IMG]
    on a side note, does the officer have to tell me what the signal the drug dog gives is?
     
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