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.

Legal question

Discussion in 'Marijuana Consumption Q&A' started by Hholman199, May 13, 2017.

  1. #1 Hholman199, May 13, 2017
    so i was fishing earlier today minding my own business when a cop walked up to me. He asked to see an id and i went to show him and he took my wallet from my hand not even allowing me to get my license out. He then started counting my money took my license and handed me back my wallet. He then told me this is a high narcotic area and asked to pat me down and search the bag i had with me. I asked him for the reason or suspicion of the search and he pointed at my keychain lanyard which has a design with a couple marijuana leaves on it. Then he immediately grabbed my bag off my shoulders and threw it to my side and patted me down. He took my phone and everything away from my reach and put it down. Then he search my bag and found a bowl. I didnt have any weed so i only got a paraphernalia charge. What i was wondering was is that a reasonable suspicion to search? I felt my rights were violated and i was looking into fighting the charge. Let me know what you guys think.
     
  2. #2 Lenny., May 13, 2017
    You were the subject of an illegal search. I am not a lawyer and my opinion should not hold much weight. But you should absolutely find a marijuana lawyer in your area.......
     
    • Like Like x 1
  3. #3 Stoneycaverns, May 13, 2017
    Did you consent to anything? That's how they make it stick, you say ok to searching your stuff.
     
  4. #4 TheTurboLlama, May 13, 2017
    Without prior consent, there is no legal way a cop can take anything from you or pat you down unless you were detained, which you weren't. It will be hard to prove in court, but what he did was illegal.
     
  5. #5 Hholman199, May 13, 2017
    I gave no consent. He said my lanyard was enough probable cause and he didnt need a consent to search. Thanks for the input, I will forsure consult a lawyer.
     
  6. #6 tangentweed, May 13, 2017
    What state are you in? Med/Rec state? That cop pulled a real bogus move on you.
    You were definitely a victim of profiling.
    Seems you can't even have an item of clothing or in your case a lanyard with a pot leaf on it without being suspected of some criminal activity.
     
  7. #7 grasscoty, May 13, 2017
    That cop was a bored bullshitter. High narcotic area my ass. Yeah right, a drug dealer is gonna go fishing in a hot spot for cops. You must live in rural Kansas cause in my city, if any cop walks in with paraphernalia and no weed or drug money, they get laughed at or fired. Cops in my city go after cartel or illegal street dealers with pounds of weed. Paraphernalia........sheesh gimmie a break.......
     
  8. #8 Burrito Wizard, May 13, 2017
    Reasonable suspicion is not probable cause. If all a cop has is reasonable suspicion he can't legally search you. He would need probable cause which from what you described he did not have at all. You also are under absolutely no obligation to show your ID if a cop randomly asks you. Beyond getting pulled over and obviously showing your license there are not many scenarios where you would be required to. Virtually none actually.

    I'm not a lawyer and I'm not going to say to take what I or anyone else here says as proper legal advice but that is what you need a lawyer for. It will be a pain in the ass (although I'm sure it already is) and it will be expensive. But that money will be well spent. DO NOT use the public pretender, you need a real lawyer if you want a shot at having the charges dropped.
     
  9. #9 Burrito Wizard, May 13, 2017
    I'm guessing either New Mexico or southern California
     
  10. #10 grasscoty, May 13, 2017
    nah...so cali cops can care less about paraphenalia. They want kilos of cartel weed.
     
  11. #11 Burrito Wizard, May 13, 2017
    Nah I meant where ur located since the cops don't care there haha
     
  12. #12 Hholman199, May 13, 2017
    Im located in Michigan. It is medicinal here but not recreational.
     
  13. #13 jay719, May 14, 2017
    It was an illegal search, but it is unlikely you will ever win a court case. His reasonable suspicion is now the fact that he both saw the marijuana symbols as well as smelled marijuana on your person. No judge or jury will doubt the fact that he smelled marijuana when they are presented with evidence of a used bowl.

    So, basically your probably better off just paying the fine. Guilt, innocence, and your legal rights do not matter unless you have 100% proof.
     

Share This Page