Busted for first time...

[Heifong]

I'm so pissed off at the cops right now.

My bro came over and brought some drinks and some purp dank... it was lovely. Then, we see some people walking up to our door which were undercover cops. They said the car outside was parked too far from the curb. The cop straight up just walked in my house without asking (hopefully i can fight this in court) and saw my brand new $62 2-foot bong. They then searched the house and rounded up my other bong, hookah, and greens. They just gave me a ticket for possession of marijuana and i have to go to city court.

Was it legal for them to search my house? I saved up for that new fucking bong and I'm pissed it's gone. Now I have nothing and I'm just very very pissed off at what took place. Is there any help I could get? We don't smoke and drive, drink and drive, or do anything, We just chill in our house not bothering anyone and this stupid crap happens. BTW I live in Colorado so I'm at least glad the laws aren't too strict with marijuana.

[hoghuntr76]

doesnt sound legal what they did. you could get a lawyer but is it really worth all the money it will cost over possesion. Its really shitty what they did. whatever you decide to do good luck.. peace

[ismokealldaylong420]

all cgarges should be dropped they didnt have a warrant to get in or probale couse so fuck them and take the assholes to court:thumbsup:

[birdgirl73]

You can try the NORML site/Colorado legal issues area and see if there are attorneys who might advertise there to help the legally downtrodden. Legal clinics at law schools will sometimes help with this sort of thing if you live near a law school. Your best bet, though, is to simply chalk this up to a learning experience and pay the fine.

Cops are wily and tricky, especially when people are taken by surprise and don't know their rights. They probably said something like "Mind if we come in?" as they were doing so, but they caught you off guard and once they saw evidence, they could justify that search. Even if they didn't say a thing, they can still say they did and it'd be your word against theirs.

Watch this video. Watch it three times, if you need to. Have your friends and relatives do the same thing.

http://www.youtube.com/watch?v=yqMjMPlXzdA

Above all, be aware that you may have worse things than losing your bong and getting a ticket to be worried about. Undercover cops who visited on a supposed parking violation were watching your house or you or your brother for some much more drug- or crime-related reason. Don't know how much possession or distribution or cultivation you or he or any other close associates might be involved with, but that's likely what they're sniffing around for. You're going to want to be extra careful from now on.

Good luck!

[DemoCommando]

Was your door wide open? Or was it closed, that makes a huge difference. If the cop opened the door and walked in, then it's illegal search and seizure. if the door was open, then I'm not sure about the law on that.

dave

[Heifong]

Thank you all. My door was open but someone was at the door and anwered it. The cop walked right in without asking us if he could (in my state i could've shot him when he came in). Also i know it would cost a lot more for attourneys than just paying the $100 fine but I still feel really bad. I feel so victomized and all the i worked for seems like it's just gone forever. I can't wait til i move out of the country >_<

[Heifong]

Birdgirl thanks for the info... they really did catch us by suprise and I didn't even know they were cops til I saw their ballcaps.

I'm pretty sure they were targeting us for some reason. Really, it doesn't take 3 armed cops to tell someone to move their car... they didn't even write a ticket for it or anything. This really sucks because now this house is probably watched. Oh well, I only got 1 charge of possession and the max fine is $100 so I'm not too broken up about it... but still. I want true justice....

[birdgirl73]

Yep, they know the same secrets that terrorists do, sadly, which is that the element of surprise puts people at a disadvantage.

I'm certain they were targeting y'all for some reason. I'd do some serious looking into what that reason might be and re-evaluating of any inventory, evidence, business transactions or associates you might be doing business with. Not sure how big some of the fish you interact with are or how big a municipality you live in, but plenty of the drug task forces have fairly far-reaching tentacles. This could easily have been your wake-up call before some sort of big bust or set-up happens. As much as people love and are devoted to cannabis, the stuff's not worth losing your long-term freedom over.

[Heifong]

You're right birdgirl. Later I found out that same exact day the schools had the alive at 25 (that's for drinking and driving mostly if I remember). Anyway, over 10 people that I know and my friends know were busted by the same guys the same day. It was easily a sting... Also I've never been to court in my life. Will I be able to speak to the judge during the trial or whatever? I'd like to write a little something up to say but I also dont want to self incriminate myself. I was thinking of saying something along the lines of "I'm an honest hardworking person that occasionally smokes. I was in my house not hurting a soul and I've never had a ticket ever in my life. The bullying method used by police is invasive and intimidating and I can only hope decent people don't keep being targeted by these dying marijuana laws across the country."

I dunno if I should say all that but x_x

[Zohar]

Talk to a lawyer man, it's the safest thing to do.

[angry nomad]

Dude, I just got busted. If I was in high school, I probably wouldn't care as much, but I am 32. It sucks. I am pretty sure I was wrongly charged.

Anyway, check this out:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Your Right to be secure in your home was violated. This is the Fourth Amendment to the US Constitution. The Constitution is the Supreme Law of the Land. All laws made contrary to it are null and void. It is the duty of police officers to protect and defend the Constitution, and the citizens. What they did was completely illegal

If a cop ever comes to your door again, do not let them in without a warrant. They are like vampires. They cannot come in unless invited. Also, do not hold the door wide open. That way they cannot just walk in. Also do not give them probable cause by having bongs, weed or whatever in plain view. Then, they can walk right in legally, because you gave them probable cause. (I know you did not, but just a tip.)

[Zohar]

Dude, I just got busted. If I was in high school, I probably wouldn't care as much, but I am 32. It sucks. I am pretty sure I was wrongly charged.

Anyway, check this out:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Your Right to be secure in your home was violated. This is the Fourth Amendment to the US Constitution. The Constitution is the Supreme Law of the Land. All laws made contrary to it are null and void. It is the duty of police officers to protect and defend the Constitution, and the citizens. What they did was completely illegal

If a cop ever comes to your door again, do not let them in without a warrant. They are like vampires. They cannot come in unless invited. Also, do not hold the door wide open. That way they cannot just walk in. Also do not give them probable cause by having bongs, weed or whatever in plain view. Then, they can walk right in legally, because you gave them probable cause. (I know you did not, but just a tip.)

I know, and I think he knows, but I think he sadly might have let them enter without knowing he actually gave consent. It sounds like it happened so fast that the OP didn't know he was giving up consent, which is why birdgirl was warning him to make sure he knew his rights.

Nevertheless, this is great info you posted nomad, and it's important that others reading this recognize their rights. Just remember that tricky phrases like this may trick you into consenting:

"Mind if I check inside real quick?"
"Can I come in?"
"Do we have to talk through the door, can I just step inside?"
"C'mon, it's raining outside, let's talk inside instead."
"I heard from one of the neighbors that there were some burglaries lately, did you see anyone suspicious? You didn't, well let's get out of the cold and go inside and discuss it some more, maybe you'll remember more when you're a bit more comfortable."

Those are all hypothetical, but they are all a cop needs to go inside and start looking around for plain view evidence. One stray seed, a random stem, a roach, perhaps even a blunt wrap, are all reasons for them to then conduct a full search. Before you know it you've consented to them being present inside, and you've also left evidence out in the open for them to further prosecute your ass.

Some rules to go by when a cop is at your door:

(A) Meet them outside (I've done this by exiting a side door, one they are not knocking at). Insist to stay outside. You DO NOT have any obligation what so ever to let them in without a warrant no matter what!

[Exceptions: Plain view evidence of a crime is visible through a window or otherwise visible]

(B) In case they do come inside your house, make sure that all of your "paraphernalia" is safely tucked away. Buy a cheap lock-box at Walmart for $5 (yes, they are that cheap!) with a key. Store your bowls, weed, and roaches in there. Not only is it all together if you need to get rid of it, but it's neat. Nothing laying around out in the open.

(C) Dispose of stems/seeds/roaches you don't want off of your property. They are all biodegradable (not sure about blunt roaches) so if you throw a stem or two in the woods (not your woods in your backyard), it won't harm the environment at all.

It may be being a bit paranoid, but if your liberty is on the line, is it worth not spending an extra five minutes here or there being careful?

[Help_Needed]

Honestly, you need to call a lawyer on this one. Yes, it's "only" a $100 fine, BUT it's also a drug conviction that will be on your record for the rest of your life. And that can cause you to loose your job, and to not be hired for other jobs in the future. And if you ever find yourself in a position where you're going to rent a nice apartment or house and the rental office does a background check (a lot of them do these days) they can turn down your application.

So yes, it's only $100 now...but could be a big headache later. Call a lawyer.

[vtpka]

they had probable cause when they seen the bong in the house. thats the way it is in ohio anyways

[psychocat]

The problem with breaking the law is that you can be nicked.
Thats the way it is and I believe if you make the choice you take that chance and the bong just gave them probable cause to search.
Do the crime do the time.
I'm so glad the English cops are more laid back about this sort of thing, I've had cops in my house which is full of bongs and hookahs and the cops wouldn't think anything of it, you're just in a country that is far to uptight about ganja.
Last year I got arrested for ABH (actual bodily harm) and I had 2 oz on me at the time and all I got was a caution.

[angry nomad]

they had probable cause when they seen the bong in the house. thats the way it is in ohio anyways

No. They have to have probable cause, before they enter a house. The cop saw the bong after he entered the house illegally.

[Zohar]

No. They have to have probable cause, before they enter a house. The cop saw the bong after he entered the house illegally.

I'm not sure about that one, unless the cop was more then 75% sure he'd find a bong. For example, if he found absolutely nothing at all, he'd be losing his job most likely. At the very least, he's taking a huge risk unless he's fairly certain.

[I Justburn 247]

he broke the law. good luck proving that though in our fucked up legal system.

[Heifong]

It was my fault for preventing them from coming in. I saw them at my door and I kinda froze because I didn't read up on this stuff like I should have >_< He did walk in without asking or being allowed and saw the bong after the fact (my body was blocking it from their view til they came in.

The only problem with this is: The testimony of 3 officers is more than enough to counter any claim we make, whether they're lying or not. It seems like fighting this in court would just be a bad thing since the cops will just say "Oh we saw the stuff before we came in hurr hurr." Sadly, it's a hard battle to fight and I have no money for a lawyer with all these bills to keep up the house heh. I stopped smoking til I can recover from all this.

Next time they come I'll just ask them to leave if they have no warrant.

Also, smelling weed would be probable cause right? They couldn't have smelled it because we didn't smoke anywhere near the front door or anything and they didn't even say they saw or smelled anything before they came in.

[Flameon]

Heifong,

You need to watch the video that birdgirl posted again, it covers exactly your situation towards the end. Police trying to gain entry, and trying to use probable cause by 'claiming' to smell weed. I think it's worth standing firm on the fact that you 'didn't consent to any searches'. You might get it suppressed.

Check your rights man and good luck!

[Markass]

Here's something to wonder about...How can the cops use a bong of pipe for probable cause, when it isn't clearly given whether it's a tobacco pipe, or if it's been used for smoking marijuana, if they don't smell or see marijuana, that alone should be probable cause..but I donno, it probably doesn't matter..

[king of the world]

i dont think your telling the whole story.

[miley]

Will the cops try saying that they smell weed just to obtain legal entry to your house/car and search it regardless if they smelled it or not?

[Ravenala]

the video is great. thanks. had a simliar incident only with non-drug contraband once and my friend paniced and effed us all up. dumb ass, ;)

The cops are sniffing for a trail back to a supplier. Your bro had bought recently, I am sure, and they tailed him to your place. They may have been trying to estimate as to whether or not he was dealing.

i hung with a 'rough crowd' in high school but was always known as 'the good guy'. we were in a band and used to practice at this one dude's house who had a reputation. one day his buddy shows up with a car TRUNK full of weed. he bought, a few bought (I was broke and had a bad 'vibe' about all of it).

a few days later coming back from band practice i got stopped walking. the cop, who knew my family, stopped me and told me to steer clear as they were watching that house and sizing up for a suspected raid, and trying to sniff back to a dealer. he told me this as if I were there when it went down I'd be going away too, and he trusted me to keep my mouth shut. Which I did except to tell my friend that I "knew" the house was being watched. In the next few weeks this cop told me, "I'm not looking for you or your buddies smoking up - we're trying to grab a supplier/dealer. We don't care if you sit around your house and smoke pot."

Will the cops lie and say the smelled weed? Did GW Bush lie and say that there was evidence of Weapons of Mass Destruction? What do you think?

[Markass]

Will the cops try saying that they smell weed just to obtain legal entry to your house/car and search it regardless if they smelled it or not?

yes, which is then when I would say...sir, I don't smell anything..

if I don't have a joint in my hand or mouth, then I'm sorry, but they don't have shit...without them seeing something dead on, he's not moving an inch inside my property..

[13Lack]

Is just a bong enough for probable cause? Because bongs can be used for anything, its only drug para. when there is residue in it or something.

I also agree that you may have consented to allowing them to enter without knowing, however I do think that with a lawyer you do have a really good chance of having the charges dropped.

[Bury 420]

No. I have been through the exact same situation. Exept the cops were at my neighbours house and when i stepped out to see what was going on and argue in defence of my neighbour, one officer came to my front door and saw my bong that was clearly visible. Long story short he ended up taking it (no marijuana in the house). I took him to court and i won the case. I live in Ontario, Canada so i dont know what the laws are for other places of the world but i had the option to actually sue the officer to trespassing without a warrent. But i didn't. So i urge you to fight this case. You will win.

[Nickolaas]

You shouldn't have let them in your house without a warrant.

All the cops have got to say in court is that you let them in to the house to discuss a traffic violation, they smelt cannabis and saw a big fat bong, and that gave them the grounds to start pulling the place apart for drugs.

I've been trying to teach my mom this week (the police came to her house looking for me and she just let them in to have a poke around) - I've told her... "THEY DON'T COME PAST THE PORCH WITHOUT A WARRANT".

You messed up - it sounds like you let them in in the first place, if not, then al they have to say in the report is that you let them in enough for them to see a young guy with a bong. They will lie and say that they could smell drugs - even if they couldn't.


Let us know how it goes - I'd be interested to see how you do. Good luck!

[Nickolaas]

Is just a bong enough for probable cause? Because bongs can be used for anything, its only drug para. when there is residue in it or something.

I also agree that you may have consented to allowing them to enter without knowing, however I do think that with a lawyer you do have a really good chance of having the charges dropped.

I don't think that a bong on it's own is probable cause in a court of law. You have to put it in context. If the Police are investigating a theft in a big old rich house and they are speaking to some old guy in a suit, when they come across an ornamental gold bong, then I doubt that anything will ever happen...

If the Police stumble across a living room full of half-wasted 20 year old guys, a big-ass bong, a Bob Marley poster on the wall and the faint smell of cannabis... and a car outside that is parked a meter away from the curb. Hmm.


I would have shot him, as soon as he walked in!