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question about warrants

Discussion in 'Apprentice Marijuana Consumption' started by atomicpenguin12, Feb 21, 2010.

  1. #1 atomicpenguin12, Feb 21, 2010
    So, here's a hypothetical situation. For whatever reason, maybe you got careless, the outside of your home smells like pot. The smell just got outside. one of your neighbors smelled it and decided to call the cops. one day you get a knock on the door and a cop greets you and says he wants to search your house and that if you don't let him in he'll get a warrant. They have the probable cause and if you make him get a warrant he will get one unquestionably. My understanding (and if I'm wrong please correct me in your answer) is that if a cop gets a warrant, he'll also call in a k9 unit to sniff around too. But, despite all this, you've got all of your stash hidden in a safe spot, maybe a distraction safe or something like it but the point is somewhere a cop wouldn't look. So what do you do? Do you:

    A. Let the cop in because he might overlook your hiding spot and if a k9 unit comes in your screwed. Or...

    B. Demand a warrant because your rights should still be protected and, even if he does come in and miss the stash he'll just get a warrant call in a k9 anyway.
     
  2. #2 Ozzie_x, Feb 21, 2010
    It may just be here in Washington but the smell of pot is not probable cause!!!!

    Choose C: tell the cop that you are clean and just play things cool for a week.
     
  3. #3 gizmoguy, Feb 21, 2010
    Demand a warrant, freshen up in the meantime, bury your stash outside where nobody will find it (except you of course). If the dog comes, or if the cops think it just smells weedy, say you had some friends over the night before who were smoking rollies, so they might have been spliffs. Sorted. They can't arrest you for a smell.
     
  4. #4 mary_who, Feb 21, 2010
    Always politely request a warrant and say nothing else to incriminate yourself. Even if it is probable cause you're still not in that bad of trouble. Make sure you have yours tash hidden, not in some crap spot like under a chair but like buried in the garden or something (at least until the heat blows over from the cops).

    If they bring dogs then no worries, before they come just take your stash and wipe it all around your house, on cabinets, chairs, under the tables, counters, sofa, rug, everything (be sure not to leave crumbs behind). This makes it so the dogs can't find your stash because they smell it everywhere. They can smell it for days and even weeks after doing this, you just need to do it before they arrive, then go ahead and bury your stash.
     
  5. #5 MotherOcean, Feb 21, 2010
    First of all if you live in a state that has a medical marijana system then get a card!

    But for this situation refuse the search and when the cop leaves get rid of your stash or go bury it or something then make your house smell amazing nag champa incense or like that Paris spray stuff that covers the smell and you should be alright just make sure you don't have any weed in the house.

    don't ever unless your clean and know it you should neviveyive up your rights!
     
  6. #6 Hellbent, Feb 21, 2010
    that situation is just rediculous, it would never happen.
     
  7. #7 atomicpenguin12, Feb 21, 2010

    For your information, not only can it happen, it did happen to me. It was a stupid mistake I made when I was a noob and I just want to know everything I can to avoid repeating the experience.
     
  8. #8 Ozzie_x, Feb 23, 2010
    If it did happen then why this lol...just wondering????

     
  9. #9 Judgement, Feb 23, 2010
    honestly, if you say go get a warrant, you're probably going to be sitting on the front steps with the police until they get the warrant, they usually don't give you a chance to go flush or hide your stash. Not saying anything is a 100% certainty tho.. really no idea what I would do, I prolly say get a warrant and see what happens..
     
  10. #10 spikeystud88, Feb 23, 2010
    Last edited by a moderator: Feb 23, 2010
    Not necessarily. Legally, a LEO cannot MAKE you wait for anything unless you are under arrest.

    For example: You get pulled over for something, LEO talks to you, tells you why, etc. Writes you a ticket, all that good stuff. So let's say then he asks to search your car, and you say no. He threatens to get the dog, a warrant, doesn't matter what he promises...LEGALLY, he cannot make you wait for him to get a warrant/dog. If the initial traffic stop was for speeding/not drug-related, then he has no reason to search your car and therefore CANNOT make you wait (unless he sees something/is given a reason to search...and I dont *think* smell gives them the right to search without a warrant/dog...dont hold me to that though, not 100% positive).

    Of course, that doesn't mean you can just drive away while he's sitting there. In that situation, here is exactly what you do:

    LEO: May I search the vehicle?
    YOU: No
    LEO: *insert meaningless threats here*
    LEO: OK fine, once the K9 gets here we will see.
    YOU: Ok. Am I under arrest? Am I being held? Am I free to go?

    No you're not under arrest, no you're not being held, and yes you're free to go.

    IF THIS EVER HAPPENS TO YOU, PUSH THE FUCKING ENVELOPE. Know your rights, be firm - you have a lot to lose!

    In that situation, if the LEO does FORCE you to stay, and you specifically asked him if you were under arrest/free to go, anything the dog finds SHOULD be thrown out of court. I have no idea if it actually would get thrown out, but it doesn't hurt to try. Whenever an officer can tell that you know your rights and aren't going to let them push you around, they are usually caught off guard and will back down.

    Has anyone had first hand experience with this? I would like to hear what a LEO's actual response would be in this situation.

    And I know you're talking about them searching your house and not your car, but it's the exact same thing. If they dont have a warrant/dog when they arrive at your house, YOU DO NOT HAVE TO WAIT/BE OUTSIDE/TALK TO THEM UNTIL IT GETS THERE. You are 100% free to go inside, close/lock the door, and flush/hide/eat your stash. The LEO cannot make you fucking stand outside for 30 minutes while they wait for a dog/warrant. If a LEO knocks on your door, you dont have to answer. You dont even have to pretend to not be there. Why? Because if they had a warrant they wouldn't be knocking lol. If a LEO ever knocks on your door, use a nearby window to ask them if they have a warrant. If the answer is anything other than 'yes', you dont even have to keep talking to them. If they had a warrant, chances are they would already be in your house. If they are ASKING FOR YOUR PERMISSION, they dont have a warrant. If they bust your fucking door down, they most likely had a warrant.

    Keep in mind that this all goes away if they see ANYTHING (pipe, bong, papers, etc.). This also all goes away if you're arrested (obviously).

    Here in Texas, I've read that the LEOs here dont ever really use the smell excuse to get in someone's car/house.

    Anyways, good luck with everything man...hope it works out.
     
  11. #11 atomicpenguin12, Feb 23, 2010

    I didn't want the fact that I went through this to be the center of the question. I just wanted to know what people would do if they were in that situation. But that isn't the point. the point is that this situation can happen, it has happened before, and it may happen in the future and We (as in you, me and everyone else in this community) should know what to do if this situation does occur.

    Also, I should clarify the smell thing (I'm pretty sure I'm right about this, but please correct me if I'm wrong). No, you cannot be arrested for smelling like pot and I am not saying you can be. However, smell, as well as being high and having visible paraphernalia, can be considered probable cause. While these things are not illegal per se, these can be used to get a search warrant and, in some cases, an LEO can use them as reason to search without a warrant. However, this rarely happens and probably should not. The golden rule is, don't look like you smoke. Doesn't matter if you do. If a stranger can pass by you and not see any indication that you smoke, then you're good.
     
  12. #12 TJJ, Feb 23, 2010
    Last edited by a moderator: Feb 23, 2010
    regardless if it was probable cause they can not get a warrant because the cop didn't smell it your neighbor smelled it and that is hearsay and how does the neighbor know what pot smells like?
     
  13. #13 atomicpenguin12, Feb 23, 2010

    Good point. thanks.
     
  14. #14 cloner_357, Feb 23, 2010
    Another thing about warrants.. if you have them GET THEM TAKEN CARE OF!!!

    a Kid intown got a ticket the other night, he had a warrant but the cop never picked him up.. so the next morning the cop went to the house to pick him up(split level house, 2 different residents, same house). smelt marijuana went upstairs found a friend of my friends grow op(I knew the kid but never delt/worked with him). arrested him on several felonys. - He didn't have a Filter..

    Distribution Marijuan\t 3F\t 0003\t 0.00\t[No Payments Made]
    Cultivation Marijuana\t 3F\t 0003\t[No Payments Made]
    Unauthorized Poss Prescription \t 3F\t 0003\t[No Payments Made]
    Firearm Enhancement 3F\t 0003\t 25000.00\t[No Payments Made]
    Possession Marijuana\t 3F\t 0003\t 0.00\t[No Payments Made]
    Unauthorized Poss Prescription\t BM\t 0003\t[No Payments Made]
    Poss Of a Hallucinoge\t 3F\t 0003\t[No Payments Made]
    Poss. of Drug Paraph.\t BM\t 0003\t[No Payments Made]
    Possession Marijuana\t BM\t 0003\t[No Payments Made]
    Minor Purch/Poss/Cons\t BM\t 0003\t[No Payments Made]

    ..

    When they got around to picking up the person they came for.
    He got arrested for this..

    Minor Purch/Poss/Cons\t BM\t OTHE\t 1500.00\t[No Payments Made]
    Possession Marijuana\t 3F\t 0003\t 0.00\t[No Payments Made]
    Manufacture Amphetami\t 3F\t 0003\t[No Payments Made]
    Distribution Amphetam\t 3F\t 0003\t 11000.00\t[No Payments Made]
    Poss. of Drug Paraphe\t BM\t 0003\t 0.00\t[No Payments Made]
    Possession Marijuana\t BM\t 0003\t[No Payments Made]
    Minor Purch/Poss/Cons\t BM\t 0003\t[No Payments Made]

    This could have been prevented.


    The key here is... FIX YOUR SMELL, DONT LET COPS SEARCH YOUR PLACE UNLESS YOU KNOW YOUR FUCKED.

    Learn your Rights.. use them.. Don't let this shit happen to you guys.
     
  15. #15 CurtChronic, Feb 23, 2010
    lol, Obtaining a warrant isn't as easy as going through McDonalds drive thru. A cop will NOT be obtaining a warrant based on a neighbor "smelling" weed. Period.
     
  16. #16 18th green, Feb 23, 2010
    unless the cop says he smells it too..... it's not like a cop has never bullshitted before
     
  17. #17 atomicpenguin12, Feb 24, 2010

    Yeah. when I got popped, the lady cop that was busting us said she could smell the pot. When my roomie and I pointed out that we couldn't, she said that she was allergic to cannibis and her nose got stuffy when pot was in the room. I should have just shut the door, but my roomie caved.
     

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