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Police search

Discussion in 'Marijuana Consumption Q&A' started by kungfupanda420, Feb 5, 2013.

  1. I've been reading up on my rights to deny a search but I still have questions. My main question is in the videos and articles I've read they advise that if an officer asks you to exit your vehicle that you should role up your windows and lock the door behind you. When would you know if you were legally obligated to unlock your car and let the officer conduct a search? I have more questions but cannot think of them at the moment and will be posting when they come to me. Anybody is welcome and encouraged to post there questions as well!
     
  2. #2 CannabisKills, Feb 5, 2013
    Last edited by a moderator: Feb 5, 2013
    Depends on your states laws. An officer can only search you, and your vehicle if he/she has probable cause. Whats defined as "probable cause" varies by state, but in general the officer must have a valid reason as to why he/she thinks you might posses something illegal/dangerous.

    The most obvious probable cause is if you smell like marijuana or alcohol. If the cop smells your weed, you're basically fucked and then he/she has the right to search you and your vehicle. The smell of weed is an obvious indicator you have marijuana, then its all over and you don't have the right to privacy.

    If the officer does not have a valid probable cause, and you think he/she made something up, or if the officer even tells you "I can make up a probable cause" (which has happened before, and officers make up probable cause reasons all the time), then the charges that are against you such as possession of marijuana can be dropped, because the officer illegally searched you. That gets technical, because then its your word versus the officer, but if the officer did make up probable cause and you know it, then thats something that should be pursued in court.

    If the officer says "I have probable cause to believe you have drugs," then theres nothing you can do to stop the search. If the officer doesn't have valid probable cause, then it is something you will have to take to court and prove that the officer did not have probable cause.

    But always say "I do not consent to any unlawful searches. Am I being detained or am I free to go?" If the officer keeps trying to interrogate you, and ask questions, and not actually detain you, then he/she has no probable cause and is trying to catch you slipping up so they can have probable cause. Always reply to an officers irrelevant questions with "Am I being detained or am I free to go?" If the officer doesn't reply, changes the subject, or says "no you're not being detained" then slowly leave and stop answering questions.

    If the officer asks you to get out of your vehicle, this doesn't mean he/she has probable cause. Exit the vehicle, roll up the windows, lock it, and do as the officer asks. If he/she is just interrogating you and asking things like "where are you headed? why are you going there? do you have drugs?" simply reply with the question, "am I being detained or am I free to go?" If the officer has probable cause, he/she won't be asking you these questions because they don't need to since they already have probable cause.

    Also, if the officer asks to search you and your vehicle say "I do not consent to any unlawful searches. I do not give you permission to search me or my vehicle. Am I being detained or am I free to go?"

    I hope this helped.
     
  3. I have the same question. A while back me and a buddy were driving around smoking a blunt. We pull into a parking lot that is apart of a boat/yacht club which is kinda apart of a public park. This was past the park curfew. So cops spot us and pull us over. We just had a enough time to eat the roach before the cops saw it. There was nothing else in the car, no wraps or lighter just eye drops. So the cop walks up to my window and right away tells me to step out and he searched me right away and then put me in the squad car. No handcuffs or anything. I guessing he smelt weed as we just ate the roach right before we got pulled. When the cop told me to get out the car, he didnt say nothing like can i search your car or anything . Anything i could have done in this case?
     
  4. Uh no. You smoked in your car and they smelt it. That's their probable cause to search. Now if you weren't smoking and the car didn't smell it might be different. Just remember road smoking makes your chances of getting caught much higher since the smell gives them automatic probable cause.
     
  5. You were already breaking the law by being in the park after it was closed. That was all he needed. Smell would be probable cause as well.
     
  6. yea i realize that the cop smelt the weed and that gave him cause to search


    but would me driving through a park give the cop the right to search my car?

    and in my case I was in a parking lot that is for a private club that happens to be on the shores of lake Michigan and of course theres a park next to it
     
  7. Thank you yes this helps a lot! I was wondering more along the lines of what happens if they say they are going to look through the car after you've gotten out and locked the car? Can you say no I'm not unlocking it? Then what would happen? Could you just say something along the lines of I have the keys in my pocket and if you have probable cause go in my pockets and unlock it yourself? If they ask to pop the trunk can you just refuse and tell them that if they have probable cause to do it themselves as to not be commenting to a search by following their orders of poping the trunk? Sorry if that's confusing I can reword if necessary.

    Another question I had. If you do end up being searched how effective are stash cans? If they are pretty much the proper weight and won't rattle when picked up or smell like weed I assume they would be pretty effective. Like having one of those stash dasani water bottles sitting in a cup holder. I can't imagine a police officer trying to open every seemingly legitimate container they may fine.

    I've read that if a male has something along the lines of a pink purse in their car that they stash their weed in and an officer found it they would be plausible deniability that the pink purse was not theirs. How effective would that be? Obviously the bag would need to look somewhat legitimate and have makeup and other accessories in it. A wallet with license and other forms of I'd missing may be a killer though.
     
  8. If a dog arrives, you have the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer’s request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating “Officer, I don’t consent to any searches.” (Repeat, if necessary.)

    From flexyourights.com

    If you refuse to unlock your car could they impound it? I'm really curious about this issue
     

  9. you ever heard of fuckin grammar?? if they say they're going to call a dog you can simply say am i being detained or am i free to go because if they don't have any reason to keep you, then you can leave before a dog even arrives.
     
  10. The cops tried to illegally search my house without a permit, after they didn't show it to me when i asked for it i called the cops naturally as the ones searching my house aren't above the laws they protect. The cops came over and got their badge numbers and they were all fired and had to apologize for the inconvenience and best of all let me keep my bong knowing it was there lol it was great.
     
  11. "Police are not allowed to frisk for anything except weapons. If, during a weapons pat, an officer discovers something 'suspicious' you don't have to show it to them."
    http://www.erowid.org/freedom/police/police_consent1.shtml

    After reading this I am under the assumption that keeping your stash in your pocket may be a good idea. Even if you obviously had a huge wad of weed in your pocket but was not clearly visible could the police remove it or would they have to ask your to remove it to which you could decline as it is obviously not a weapon? Anybody have any insight on this?
     
  12. That's the dumbest thing I've ever heard. So a cop has no right to search you for drugs? Baloney, ive watched too many episodes of cops to think that would fly.
     
  13. The cops can't search your car if they can't catch your car
     
  14. thats stupid, that will only make a cop suspicious. Cops don't do illegal searches so you have nothing to worry about, it lead only lead the the case being dropped even if they do find anything
     
  15. A long time ago in PR i had like half an O and some cops pulled me over, no smell of weed, my eyes only slightly red, the cops told me to get out of the car, screaming at me the whole time, they searched my pockets illegaly without asking, and found eye drops, they said now we have a cause to search your vehicle, i said you guys are not supposed to search my vehicle without my consent, the cop pushed me and open all the doors to my car, took my weed gave me a mega speech on how im going to jail, but at the end they took all my weed and my money, i now owed a dude like 120 dollars which i did not have... Fuck cops man, they never help.
     
  16. You could completely avoid all these problems by never being in public when you have weed on you. The only time I've ever had weed in my car is when I've picked up, and I stash it in my subwoofer box so the cops wouldn't find it even if they searched my car, which they won't because I don't give them reason to by not being stoned in public
     

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