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Legal Questions with POLICE***

Discussion in 'Apprentice Marijuana Consumption' started by tightasfuck, Dec 28, 2011.

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  1. #1 tightasfuck, Dec 28, 2011
    alright well I know most of you aren't lawyers, but maybe someone is and can clarify some shit for me lol. well here's SWIM'S story of last night....:

    CA, 2:30 AM :SWIM , his friend, and a girl they picked up were out last night. SWIM is 16, his friend 20, the girl 17. SWIM and his buddies were smoking out of a $150 inline bubbler. SWIM and the people were parked in technical "private property", they were at the boat docks on the harbor parked in a parking spot. they were completely hotboxing the car, probably smoked about 2 g's in it at that point in the night. SWIM notices a car pulling into the parking lot, and assumes it must be a cop. Forgetting they are in LA county, a **PD SUV pulls up. SWIM's friend quickly hides the weed, but leaves his $150 bubbler on his center console. SWIM puts the sneak a toke on the side of the car door. SWIM's 20 yr old friend, who is driving and owns the car, gets out and smoke leaks out of the car, he told the cop he had marijuana and that HE and only HE had been smoking it, not SWIM and the other girl.


    The cop asked how old SWIM was and told him to get out of the car with the girl.... SWIM and the girl got out, and the cop briefly scanned the car, didn't really go pushing through things. Left the bubbler and everything right where it was in tact. While talking to the officer, SWIM let him know he has a clean record and good grades, as they all do. Officer, actually not being a dick for once, whilst our hands on his hood them how stupid they are. officer says to 20 yr old " you really don't have a fucking card yet?! you can get those on any damn corner!!" Officer tells them every law they broke:::
    20 year old:
    Car impounded for 30 days because its not "under his name"
    $50 parking ticket for parking at the bay after 10pm
    county jail time if the marijuana ticket isn't immediately paid, or idk officer didn't specify

    SWIM:
    misdemeanor for breaking curfew, threatened " he should and could send SWIM to LP for the night to stay." LP is a hard ass juvy
    girl:
    didn't say shit to.

    ANYWAYS, after SWIM convinced the officer he and his friends were good kids doing stupid shit over break (quote quote lol), the officer decided to let them go scotch clean, didn't confiscate any marijuana, didn't touch any pipes, let them go scotch clean. Even let the evidently high 20 year old drive and take the girl home.

    MY QUESTIONS ARE:
    1. Can he even act on them smoking, considering they were on private property, not public or city.
    2. Does he have any probable cause to search the car or even stop by and check them out.
    3. Could the 20 year old really go to jail for marijuana ?
    4. Realistically, what would have happened to SWIM?
    5. Why was the officer actually cool?
     
  2. #2 xThrowBack, Dec 28, 2011
    MY QUESTIONS ARE:
    1. Can he even act on them smoking, considering they were on private property, not public or city.
    Yes, he is a cop on public or private property
    2. Does he have any probable cause to search the car or even stop by and check them out.
    Smoke poured from the car and he admitted to smoking....yes
    3. Could the 20 year old really go to jail for marijuana ?
    Yes, unpaid ticket, warrant for arrest. Probably a state law if you are caught it x amount of weed you can get 30 days in jail. doubt it cause its cali.
    4. Realistically, what would have happened to SWIM?
    Go to norml.com
    5. Why was the officer actually cool?
    You act like he hasn't seen weed before. He's in california, he doesn't care anymore.
     
  3. #3 tightasfuck, Dec 28, 2011
    1. I've heard cops cannot act on private property UNLESS: a) owners or customers of private property have called the cops on them, or b) the cops have to ASK the owner or co owner if they can act on their property
    2. I'm saying before this happened, the cop even going SWIMS way and telling SWIMS to get out. whats his probable cause? sketchy car? thats no real probable cause.
    3. the cop was saying SWIM'S buddy would be arrested then and there, or go to county jail or some shit, how is that possible? in cali i thought weed was a misdemeanor ticket thats it... or does it change with minors.
    lastly SWIMS been smoking since he was 12
    and SWIMS buddy since he was 14
    this was their first time ever getting caught up, it was a chill spot just bad timing. BTW, SWIM'S buddy's windows are completely tinted, so you can't see in so he has no probable cause there. just another fix it ticket i suppose.
     
  4. #4 Cantigo, Dec 28, 2011
    Your friend admitted?
    If that cop had ask me if I was high I'd be like


    [​IMG]
     
  5. #5 tightasfuck, Dec 28, 2011
    ahhahahahaha, funny. but yeah SWIM'S friend was just trying to brown nose the officer, cause we all know all officers are power hungry and love to feel all mighty and powerful. and with the whole car hotboxed, there was no point in denying xD, but what I'm asking is did the officer have any legal right to drive up to SWIM's friend's parked car, it was hotboxed so no smoke was coming out obviously, it just looked like a parked car breaking a parking law cause "so the officer says you can't park there past 10pm"
     
  6. #6 ChiefBuddha, Dec 28, 2011
    SWIM...lol
    this isn't the meth forum
     
  7. #7 tightasfuck, Dec 28, 2011
    Well SWIM is 16, not 18. I , on the other hand, am a happy 19 ;D
     
  8. #8 Celticmind, Dec 28, 2011
    Why the whole "SWIM" thing? Is it an acronym?
     
  9. #9 OctoCamo, Dec 28, 2011
    MY QUESTIONS ARE:
    1. Can he even act on them smoking, considering they were on private property, not public or city.
    If you are breaking the law, it does not matter if you are in someone else's home or in a government building. So yes, they can.
    2. Does he have any probable cause to search the car or even stop by and check them out.
    Probable cause is a bunch of kids sitting in a car, parked in a private lot. What could they be doing? Think about that, so yes, probable cause.
    3. Could the 20 year old really go to jail for marijuana ?
    Yes and no. Depends on if it is a repeat offense, how much he had on him, etc...
    4. Realistically, what would have happened to SWIM?
    Juvenile detention, probation, etc...
    5. Why was the officer actually cool?
    Remember that cops were kids once, and can actually be nice, and compassionate.
     
  10. #10 OctoCamo, Dec 28, 2011
    Dude...It's a private lot, therefore any cars there are not allowed to be there. With people in it or not, so of course they'll go up to check. The officer had every legal right possible to come up to the car and inquire what was going on. Normally, if it was there parked illegally, he would have it towed, but he found you.

    The 5-0 had every right to bust them.
     
  11. #11 tightasfuck, Dec 28, 2011
    answering #2 yet again, SWIM'S FRIEND HAS COMPLETELY TINTED WINDOWS. all windows were up. the officer could not see them in the car , all the officer saw really was a truck parked in an empty lot. even though thats sketchy, i really don't think thats probable cause. why is a car parked in an empty lot enough cause for a "reasonable person to assume they were partaking in illegal activity"
     
  12. #12 OctoCamo, Dec 28, 2011
    I don't think it is because there was something sketchy. Honestly, what more than likely happened was this:

    Cops come to do a normal routine passthrough, and see a car parked in the lot. They know it's private, so they pull up to it, probably to have it towed. They shine a light, or see something and you get busted. Tint isn't completely fool proof, especially if you shine a light on it, you will be able see through, faintly, but enough.

    As for "why is a car parked in an empty lot enough cause for a "reasonable person to assume they were partaking in illegal activity", that's because kids do it ALL the time. They find a parking lot and drink or toke. Cops are not as dumb as they seem.

    You put two and two together. You see a car late at night, no one should be there, therefore you go up to the car..
     
  13. #13 tightasfuck, Dec 28, 2011
    yeah, i understand that part. when the brights came on SWIM didnt bother hiding anything, the car already wreaked of pot haha. SWIM'S friend was thinking of driving off but figured it better not to get into a chase. hypothetically speaking though, if the cop were rolling up to the truck and SWIM's friend backed up and drove off before the officer actually made it to the windows, would SWIM have been fine? like the officer couldn't just pull you over for no reason right? if SWIM pulled out and exited the parking structure.
     
  14. #14 OctoCamo, Dec 28, 2011
    Here's the thing with that...They are already there for something and the moment they arrive, you pull out and drive away. A little suspicious no? Haha. If I was a cop, that'd be more than enough reason to pull you over and suspect something. Never do that. It's worse for you. Maybe sometimes you'd get away, but that'd be 1 in 20 times.
     
  15. #15 tightasfuck, Dec 28, 2011
    really? i've got a refute to that, or an exception in that 1/20. SWIM'S same friend and SWIM went offroading up a dirt hill and trenches in the truck up to this big rock hill overlooking the city. well SWIM'S friend's dumb ass girlfriend was cold so she kept the heater on in the truck, and accidently left the brights on. houses were right in front of the hill, someone didn't like the light. they took it into their own hands to drive with their huge doublewide f250 and block off a trail... then called the cops, SWIM was slowly driving down the trenches retracing the way they got up there, and the cop is rolling up
    SWIM romps his v8 400 horse truck up to 90 , ruins his back fender from all the trenches, does a burnout at the street off the hill and slams it going about 110 down the road , after a series of turns no one behind them. no exaggeration, craziest night of SWIM'S life. ACAB!!
     
  16. #16 OctoCamo, Dec 28, 2011
    Last edited by a moderator: Dec 28, 2011
    Yeah, sometimes you get lucky, but still. That was a disturbance call, so cops won't bother with that shit half the time, but whatever the case may be. "SWIM" was in a car smelling of weed, with a bong, and bud in the car, full of smoke. It's just better to stay home and smoke.

    Which ever way we look at it, the cop did his job, and didn't break any laws doing it. He was obviously really nice about it, otherwise he would have gotten all 3 with charges, and made their life a living hell.

    Lesson learned I hope. Remember, we pot smokers are not in our world, and the law is the stranger. We are in their world, and they can get us good if they'd like. Especially since possession is a felony.

    He could have gotten the 20 year old with:

    - Possession
    - If it was in baggies (Intent to sell).
    - DWI
    - Trespassing
    - Child Endangerment
    - Paraphernalia Possesion
    etc...
     
  17. #17 tightasfuck, Dec 31, 2011
    yeah, he was really nice. and no it wasn't in baggies, just one big med jar. i understand all he could have done, but hypothetically speaking if we were driving along streets would he have any right to pull us over if he didn't see anything, just if he had a sketch vibe? i think not right, no probable cause.
     
  18. #18 OctoCamo, Jan 1, 2012

    Well, that is a bit of a "gray" area. What I mean by "gray" area is gray area for the person caught. An officer can stop you for anything, if he has probable cause. If he thinks he sees smoke, or if your tint is too dark, or your car is too loud, or even just for a routine stop, etc... The legal definition of probable cause becomes very muddy when you are actually caught doing something illegal.

    Like I said, the police has power that most of us don't have. How many people are caught with POUNDS simply because their tailight was out, or because they swerved a little too hard. A good example, in many states, it is completely LEGAL for an officer to pull you over simply to verify that your driver's license is current and everything is correct. Driving too slow at night may indicate that a person is trying to drive carefully since he/she is intoxicated, or that they are considering committing a crime. There are so many things...

    Another thing that it goes back to...Implied Consent. When you becoming legally licensed in most states, you automatically consent to allowing an officer to breathalyze you.

    Basically, as said. It's their game, we just play in it. This is why it's best to STAY HOME.
     
  19. #19 420mastertoker, Jan 1, 2012
    well you where the only ones in the parking lot so its kind of obvious hes coming for you so he could(def. would) pull you over so either way you would have got caught you should have went to someones house or in the woods people pull off in parking lots to smoke all the time

    btw your making it to obvious "SWIM" is you which means(correct me if im wrong) which means you arnt old enough to be on the forums...
     
  20. #20 Smoke on water, Jan 1, 2012
    For those who don't know,

    Someone
    Who
    Isn't
    Me

    In other words, OP is not 18.
     
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