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question about my rights

Discussion in 'Seasoned Marijuana Users' started by flyin420, Sep 3, 2008.

  1. Well ever since i got pulled over today and intimidated by the police, ive been reading up on my rights and watching videos. Now i'm a lot more knowlagable of rights and reason to search and all that.

    I have a question that i havent been able to find the answer to.

    a cop saying he smells weed. is this reasonable suspision to search my vehicle? could i get arrested if i said no you cant search, and he arrests me because of the smell then procede to search?

    I just want to know all i can so next time i get pulled over they cant pull any tricks on me.

    anything else to add would be greatly appreciated! btw i live in wisconsin
  2. unfortunetly a cop can pretty much say anything he wants and there isnt shit you can do. If the cop says he smells weed you can try to deny it but that will give him reasonable cause to search you. If he doesnt smell weed but asks to search you can deny, but then he can bring dogs in and if there is any weed on your car the dog will alert to it. you better off not smoking in your car and keep weed on you only if you must.
  3. No, that is not grounds to search a vehicle nor does it count as reasonable suspicion. He could threaten to bring a k9 unit as they often threaten, and if they do say go ahead. If you get pulled over, stop your car, roll up your windows and lock all of the doors, and when he approaches, keep your hands on the wheel and when he asks for license and registration *best to have it out already* slip it through a crack in the window. If he tells you to get out, roll up the window, lock it and get out. Never leave the door open or unlocked. Never consent to a search, period.


  4. Yes, smelling weed gives an officer probable cause to search your vehicle. As does having any illegal substances/items in plain view.

    If he smells weed, he likely isn't going to ask you if he can search.

    Either way though, you can't get arrested just for saying "I don't consent to a search." so he wouldn't arrest you for saying no and then search the car. If he has probable cause, he'll search, and if he finds contraband, he'll take the appropriate measures.

    Always keep in mind that cops can bluff.

    I've heard the "I smell weed" line before, and not consented to a search. The cop then jumped right into the "Well then I'll call in a K-9" speech, before eventually letting us go without a search or K-9.
    If he had actually smelled weed he would have had probable cause.

    The K-9 unit line is a toss up. Sometimes they're too lazy to actually go through that hassle and are just trying to call your bluff. Sometimes they're not.
    If they actually do call a K-9 there's always the possibility a unit will not be near enough to respond. They're only allowed to detain you for a "reasonable" amount of time. Reasonable being something decided by the courts. I read one such court case where a 45 minute wait was deemed too long, but you never know.

    OH! And don't forget the line "Am I being detained or am I free to leave?"
    That's a good one to know.

  5. dude if a cop wants to fuck you over he will. that advice you're giving him is unrealisitic a cop would look at you like wtf are u doin.
  6. Thanks!

    do they need probable cause to bring k9 in? like if the cop smelled it and i didnt consent to a search could he bring in k9 (which probably wouldnt happen)

    So in my case today, even though i didnt have anything in the car, even though he smelled weed, all i would have had to say is "i dont consent to a search" then he would not have been able to search me or my car?

    sorry for all the questions, i just want to get my shit strait for the future :)
  7. Yeah, and you can fuck him right back over afterwards. The advice I'm giving him IS realistic, and it works for the majority of people stopped in cars. Theres no way any officer can smell weed unless you've been smoking in the car or have a large amount stashed in an unsecure spot in the car. Hes not going to search your vehicle unless you consent or you're being arrested. And if he does, thats grounds alone to throw out whatever charges he tries to pin on you.

  8. you live in the US?

    Because when it comes to vehicle searches, the smell of marijuana is probable cause here.

  9. Yes, I live in the US. And unless you're smoking in the car/have it in an obvious spot, a cop isn't going to be able to smell any.

    I suggest you read this:
  10. #10 *guest, Sep 3, 2008
    Last edited: Sep 3, 2008

    Actually, I did read that.

    The very first sentence says:

    Exact opposite of what you told the OP. He asked, if an officer smells weed (or says he does), can he search. The answer is yes.

    I'll also cite;


    Everyone on the same page now? :poke:
  11. :( good bye America.......

    We are all in great peril
  12. Yeah, I know. I was wrong. But aside from that fact, I still suggest that unless YOU can smell mj, the cop can't either, and thus he has no probable cause, even if he says he can. That is unless you snort shitloads of coke.
  13. thanks for clearing that up!

    they cant pat me down either, unless they have probable cause...right?

  14. In all fairness, if he can't smell it and says he can, there's every possibility he's still going to search. Your only hope then is a nice fun court battle to try and discredit the officers sense of smell.

    Besides, you gotta admit, the smell of marijuana doesn't quite stand out as much anymore when you're a constant smoker. ;):p
  15. so bassicly if this cop is out to get you, and really wants to search he will...based on theese links an officer can lie and say he smells it, so according to the law is probable cause...

  16. I believe (having trouble finding info on this one) that if they have you exit the vehicle for any reason they're allowed to conduct a pat-down search to make sure you don't have any weapons.

    Not positive on that, but it's what I've seen in my experience.

    Like in the scenario I talked about in my first post in this thread, where the cop said he smelled weed but didn't end up searching, the driver was asked to exit the vehicle and patted down while the officer questioned him about "where the weed was." Not sure if he asked for consent to do so.

    He might. He might not. Some cops care more about doing their job appropriately, some care more about catching the 'bad guy'. All depends on the cop.

    Some good tips to keep in mind though... Always have your stash in a secure place. My personal favorite being a pouch I made in my pants that wouldn't be detected in a pat-down (knock on wood).

    If you absolutely must smoke in your car, then above else, blend in.
    Don't stop in an empty parking lot. Don't stop at parks after dark when they're closed. Don't be the only car in a given area. You'll stick out like a sore thumb.
    Ideally, you should be moving (I take my drives out in the boonies, the less cops the better obviously). You should keep the car ventilated, not hotbox. You should be following every traffic law, and watching for cops at all times. Don't take a hit at a stoplight where everyone can see you. Keep something handy to cover up the odor; Ozium (check into it), body spray, cigarettes, etc.
    If you do get pulled over, stay calm and be courteous. Don't be a pushover, but try not to arouse suspicion either.

    Smoking in a vehicle is definitely risky. Just be cautious, and hope you have a little good karma stored up. :smoke:

  17. QFE

    I always take cigs with me if i'm burning in the car. Even if you DON'T smoke cigs, NOTHING has a more sticking, pungent smell. Unless the weed smoke is too thick to see through, a cig WILL cover up the scent. And if the Officer INSISTS that he smells maryJ, you have every reason to INSIST that he does not, as you are very obviously smoking a cigarette (be of age to pull this off though)

    I figured this was standard stoner modus operandi....
  18. Have you guys ever even been put in cuffs? If not, then I don't think you should be giving advice.
  19. Advice: If you smoke in your car, buy a back of cheap little cigars, and smoke them after the weed to cover up the smell.

  20. Well, why don't you enlighten us then? :wave:

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