GUYS PLEASE HELP OMFG

[UTD Toker]

Ok this might be kinda long but I really need some advice please reply!!!!:( . First off I was with my friend and we decided to go smoke some out of my pipe inside my car. We stopped in like this neighborhood that was currently being built. Then we saw a vehicle turning towards us about 2 streets down while im taking a hit out of my pipe for like the 10th time......so I freak out and turn on my car, turn on my lights and start driving and then turn on the first street right. Then the vehicle turned on his lights, sped behind me, turned on his lights and pulled me over. So then I go and hide my stash in the glove compartment (Eclipse) and then put my pipe under my seat. The cop then came up, i gave him my d.l and insurrance, and then he askes me whats goin on, i say that we were just smoking a cig, and he says ok. then he asks me and my friend to put our hands on the dash and then makes me go outside, says that he knows we were smokind dope, asks us where it is, i play stupid, and then he starts to arrest me!!!! I then fess up to where it was, (only like 2 g's left:thumbsup: ) he then pulls us out, searches the ENTIRE vehicle, and then gave me and my friend a Drug Paraphenelia charge. (We live in Texas). So i guess i need to know if the cops had the right to do all of that shit and what penalties am i looking at!!!! Please help guys im still in high school and shit and i mean i dont want my life to get fucked over just because of gay anti-drug shit.

[UTD Toker]

Also if u cant offer any advice please leave your aim adress so i can talk to u possibly on aim? Thanks so much

[Big_Smoke]

U should not have Coped out and also cops watch that kind of areas around here. i cant help you on the texas law, i dont live there. go here and it will help you http://www.norml.org/.

[andruejaysin]

You told him you had weed, not that it matters, he surely smelled it anyway. Either amounts to probable cause. But don't worry to much, you aren't gonna go to jail or anything, at worst it's probation or a fine.

[Captin]

You told him you had weed and and it sounds like you let him search your car. So yes, they did have the right to do that, you gave them permission. Unless a huge cloud of smoke poured out the window or you completely reaked like pot, you might have been able to get out of that one. Sorry i don't know the laws in texas, but you're not going to jail.

[Ol Schwaggy Bastard]

6-12 months probation. no sweat. nothin you can do about since you fessed up. Keep a little porta-safe in your car and keep your shit in there, cops need to get a whole new warrant to search those.

[JaggedEdge]

Yeah, and from what you said you only got a paraphenalia(sp) charge. It would be worse if they charged you with posession. If your a minor you will prob get a year probation with drug tests every month. Texas is a little tough but I'm not sure if they have a first offense thing there.

[AlwaysBlazed]

You didn't have to admit to anything. My mom taught me something important... "Deny, Deny, Deny!". He can't search your car unless you let him or admit to having anything bad. You need to read up on your right because you got totally played.

[UTD Toker]

Ya like I know he smelled it cause we were hot boxing my car like 2 min. before the cop pulled me over but like he told me to get out and like he asked me and i denied and then he started to arrest me and so i fessed up...he would of searced the car anyway because of the smell right
? But thanks for the advise guys i relly appreciate it but no im 18 and i got a citation that says poss. of drug paraphanelia (marijuana residue on glass pipe)

[thcbongman]

Next time, just don't say anything. If they were going to search you anyway, you might as well not say anything. Your lawyer could've gotten you off by arguing previous decisions on cases in similar circumstances. But if you admit it and consent search, well you screw yourself over. Police only take advantage of honesty.

[Breukelen advocaat]

http://www.flexyourrights.org/traffic_stop_scenario

Video:
http://www.youtube.com/watch?v=3NmC5wHfCdM

[Reefer Rogue]

Well you're lucky to get away with paraphanalia if you had 2g's on you...
Never consent, never admit. That link above me is a great one, know your rights ;)

[UTD Toker]

Ya i understand but see yall dont understand we were HOT BOXING my car when the cop saw us.....when he came to the car he could smell the weed so he could do a search based on probable cause right? Also im 18 so will i be able to keep this from my parents? Cause my parents are SOOOO strict

[sirkills]

yea if u was hotboxing then he most likely smelled it so that sucks but like u said u are 18 so just make sure u get the mail for now on just in case the court sends u a letter or somthing and you should be able to keep it from them good luck

[beachbum00]

if the cop got a quick wiff of pot that is concidered a hunch, which is not probable cause. If he saw a pipe or something in the open he would have had probable cause. You should never consent to a search unless ur totally clean... cops are gonna take advantage of using their "authority" and try to bully u around... i would highly recomend watching the youtube videa thats was already posted... good luck bro

[Frivolous248]

Dude smell is not enough for probable cause. He can claim he smells it, but if there is a roach in your ashtray, he can't claim its there, since it IS there. So he can check, and if it is a roach then thats probable cause.

You said he began to arrest you...for what? cause he thought it smelled like weed. Being high isn't illegal, possessing cannabis is. So he had no proof you were high, untill you told him.

[Nochowderforyou]

He had a few reasons to believe you were up to no good.

You were parked in an underdeveloped area, at night, that is a first sign to cops to think, "why would he be there, parked?"

Second, when you got pulled over, your friend was roaming around in the glovebox. That is another sign that you may be hiding something.

Third, the smell of marijuana gave it all away, and it was obvious what you were up to.

So yes, he had a right to search you. You also confessed to having cannabis in the vehicle, which promps him to do a entire search, so you don't have more.

Next time, keep your mouth shut, and don't lie when you really have stuff in the car, or they'll really be pissed at you.

[LuckyCharms]

the only think you could have done was flat out refuse to tell him anything and you would have been arrested for some gay ass charge so they could search it you shoulda told him the truth from the start that always works better flat out cops are just fucking nicer if you dont try and hide the obvious smell isn't probable cause be he could have thought of something to search and then it would have been like obstruction of justice

[UTD Toker]

Ok so ill go into a littl more deeper into what happened but please remember i was STONED so i dont remember 100%......but i got out of the car and he was like "Come on, i know yall were doing omething ese ad i was like no sir we were just smoking a cig....and he was like ok put your hands behind your back" and stated to panic cause i was like well theyre gonna do a search anyways so i told him the truth........but do you think he had the right to search? he OBVIOUSLY smelled it but NOTHNG was in clear view of the officer! thanks for keeping me informed by the way guys i REALLY appreciate it!!

[Smokin EnDo]

You gave up your 5th ammendment. You fucked yourself. He probably would have found it anyway with a K-9 but you incriminated yourself. The cop can search anything if you tell him you have something.

[trem0lo]

You have a right against illegal search and seizure. Being parked in an undeveloped area isn't illegal, but the cop probably knew what you were doing even if he had to intimidate you to get you to admit to it.

If you're not being detained for any reason, you have the right to go free. In a police encounter, your best defense is silence. Why did you tell him you were smoking a cig! That's what would have gotten you arrested, since you are under 18 and admitted to breaking the law. You incriminated yourself with the damn cigarette!

The best thing is to shut up and deny politely.

"Why did you pull me over officer?"
"Am I being detained or can I go now?"
"I won't consent to a search officer"
"NO NO NO NO NO"

That's all you should have said to him. Even if he can smell it on you it's not tangible proof. HE HAS TO SEE IT. Most cops won't go through the trouble of getting a warrant and bringing in the drug dogs.

[AlwaysBlazed]

Go to www.norml.org and find a lawyer, they can probally keep it from your parents

[UTD Toker]

Ya i understand but see yall dont understand we were HOT BOXING my car when the cop saw us.....when he came to the car he could smell the weed so he could do a search based on probable cause right? Also im 18 so will i be able to keep this from my parents? Cause my parents are SOOOO strict

Me and my friend are both 18.....

[Ol Schwaggy Bastard]

My guess would be maybe that he wasnt arresting you, but patting you down since once you're out of your vehicle he CAN search you for smelling like it. You shouldna fessed up, but it's done it. Youll be fine, and since you're 18, it shouldn't matter how strict your parents are?

[UTD Toker]

Ya thanks ol bastard can I talk to you on aim?
my s.n is: soccerplaya2411

[Ol Schwaggy Bastard]

go for it, but from the looks of it you're offline

[slpntrx5]

asdf

[dutch.lover]

I'm just happy I live in Canada. You can virtually walk past a cop smokin a joint and they wont even care (at least in vancouver). I worked at a dairy queen and people would be blazing at the drive thru all the time. I LOVE BC!

ps: sorry i couldnt be of any help, i dont live in the states, BUT i highly doubt anything really serious will happen to u. dont sweat it.

[wishmaster244]

as for your parents, you cant hide it from them, they will find out one way or another, you should get a good job get your own place, because your 18 you should be getting high in your living room not in a car where you can get busted, me personally, i never ever drive with anything on me, that way even if your high as fuck you can tell the cops to piss up a rope!

[InTheJungle]

You didn't have to admit to anything. My mom taught me something important... "Deny, Deny, Deny!". He can't search your car unless you let him or admit to having anything bad. You need to read up on your right because you got totally played.

Not true, they were hotboxing his wheels. The cop had to have smelled it, especially since he was on his TENTH bowl, nevermind his friend either. Afterall, he did say that the cop told him he knew BEFORE he let him search the car. They got caught red-handed, it wasn't UTDs fault at all.

[yamaha_1fan]

Man, you were smoking out in the car. Of course he smelled it. I have had customers, vendors, etc walk into my office and I know they have been getting blitzed. And these are people I dont know or are trying to keep it secret, etc. SO obviously he smelled it if the two of you were hotboxing.

ANd to be honest, it doesnt matter what you said. That POS probably would have lied and made up his own story. two teenagers word against a cops word?

If you are 18, then there is no reason to get your parents involved. but you better check the mail every day cause your going to get a shitload of mail.

Go to court, see what they offer you. If its something you cant deal with, then you may want to get a lawyer. Just remember this, since you are an adult this will stick with you forever now. Even if they with-hold adjudication.

Good luck and be grateful your ass didnt go to jail

[UTD Toker]

Man, you were smoking out in the car. Of course he smelled it. I have had customers, vendors, etc walk into my office and I know they have been getting blitzed. And these are people I dont know or are trying to keep it secret, etc. SO obviously he smelled it if the two of you were hotboxing.

ANd to be honest, it doesnt matter what you said. That POS probably would have lied and made up his own story. two teenagers word against a cops word?

If you are 18, then there is no reason to get your parents involved. but you better check the mail every day cause your going to get a shitload of mail.

Go to court, see what they offer you. If its something you cant deal with, then you may want to get a lawyer. Just remember this, since you are an adult this will stick with you forever now. Even if they with-hold adjudication.

Good luck and be grateful your ass didnt go to jail

Why would it go on my record f i chose adjutification? its a class c misdamenor here in texas.......thats like any other citation u can get here right?

[yamaha_1fan]

i dont know about texas. and all my experience has been with felonies :(

But if it is criminal, it will be on your record. It may not show the conviction, but in some fields, it might as well been.

My wife was charged with 2 felonies and took 12 months probation, adjudication withheld. its done with but now she is studying for a professional license in a field I do not wish to reveal (nothing wrong, just too much info can lead to someone knowing me). the board has rules that ask if she has been convicted of a crime, or arrested even if adjudication was withheld, or been arrested of anything with moral perpitude, whatever that means. So even though the conviction is not there, she has to explain the arrest and the outcome. theres a chance shes taking the online class and studying and can be denied.

Applying for a liquor license also involves the same deal.

now if you are applying for a normal job, you should be fine.

Plus, its a misdemeanor, you are 18 and in a few years, if anyone finds out or you are forced to reveal, you should be fine. an 18 year old getting high? OMG no way, thats never happened before!!! :)

I have heard that there are some police departments so desperate for help, they will consider someone with a criminal history if no felonies.

One word of advise, dont screw up probation if you get that. When you violate, its up to the judge to determine your sentence up to the maximum for that charge (which probably isnt much)


take a chill, lay off the weed for a while and you'll be fine.

[Dr HaZzMatT Esq.]

all good advice here:thumbsup:
The thing is with Texas law is that 18 year of age is still considered underage (when living at home still)
Texas has strict laws by which your DL can be pulled for any drug offense within the commission/and or presence of a vehicle (that means they can impound your car for simply standing near it smoking a joint!)
The cop did you a favor by giving you a misdemeanor ticket for paraphernalia
you can go to court and say it was your druggie friends and you have helped him get off the weed Praise Jesus!
Your better off to have smoked it on the Texas courthouse steps!

[birdgirl73]

Ya i understand but see yall dont understand we were HOT BOXING my car when the cop saw us.....when he came to the car he could smell the weed so he could do a search based on probable cause right? Also im 18 so will i be able to keep this from my parents? Cause my parents are SOOOO strict
Yeah, UTD Toker, the officer had probable cause because of the smell and also because he knows the signs very clearly from having run into similar situations with youngsters and weed hundreds of times before. Anyone who doesn't believe odor is enough for probable cause isn't familiar with the historical precedents in our criminal justice/court system. Courts have been fairly consistent in their support of odor alone as probable cause on numerous occasions. The odor and whatever he saw y'all doing before he followed you and stopped you gave him the cause to search further, and then he found paraphernlia. Done deal. No judge or appellate judge (if someone were stupid enough to appeal on this basis) would ever question that.

You're lucky you only got a paraphernalia citation. It's true, Texas does have fairly strict attitudes regarding suspension of drivers' licenses, but I'm betting this'll be a matter of paying a fine and, at the most, a six-month or year-long probationary term at the most. The judge can also attach some sort of condition to your drivers' license if he sees fit to do so. I never worked professionally as an attorney, but I did earn a law degree many years back at SMU and am at least informed enough to reassure you of this.

Definitely watch that Flex Your Rights video that Breukelen Advocaat posted above. It's very important for everyone your age to watch and understand. It's 45 minutes long, and it really ought to be standard viewing every two months for teenagers or college students.

By the way, that cop didn't arrest you when he cuffed you and had you stand by while he searched. He didn't violate your fifth amendment rights, either. That's standard practice for officers' safety, consistently upheld by courts at all levels. You weren't carrying guns or other weapons, but more times than not, especially in Texas, guns and drugs travel together. So he was simply making sure that you'd not be a danger to him while he completed his search. When you're arrested, they inform you that you're being arrested and they read you your Miranda rights (you have a right to an attorney, you have the right to remain silent, anything you say can and will be held against you in a court of law, etc.). Then they put you in a car and take you in. Again, you were only held temporarily as a matter of safety.

If you still live at home and are still in high school and being supported by your parents, you're essentially like a minor child. Your minor vs. adult status, though, isn't in question. You'd have received the same type of citation either way. You definitely will need to tell your parents about this. Don't let them find out about it and be surprsied. Strict or not, you may need their help in paying your fines, and the judge, since you're still in high school, may ask them to appear with you in court so they, too, understand the terms of any probationary sentence you receive. Tell them now and get it off your chest. Good luck!

[jamstigator]

I know cops DO use smell as probable cause, but I have a problem with that. The problem I have is...there's no way to prove whether they did actually smell anything or not. All they have to do is SAY they smelled something, even if they didn't, and who could ever prove otherwise? If they say they smelled something, well, then it must be so, right? That's wide open for abuse, and because that's so, it almost certainly IS abused as a reason for probable cause, probably frequently.

If I were a cop, I'd use that all the time -- why use anything else as an excuse when that one isn't proveable either way?

"Why did you search this man's car, officer?"

"Why, I thought I smelled [gunpowder/cannabis/burning crack/whatever], your honor."

"Did you find anything?"

"No, I didn't, your honor, but I sure smelled it!"

"Well then, the search is legal. Good job."

There are no real checks and balances there. There's no way to defend against that, because you can't prove the cop DIDN'T smell what he said he did, and the only proof there is that he did smell what he said he smelled is because he said so. That would be acceptable if cops automatically dropped dead if they lied, but they don't, and in this case there is every incentive to lie, and little incentive to tell the truth.

[yamaha_1fan]

in my situation, i had 2 cops tell contradicting versions (compared to the lead detective who signed the search warrant application) of the situation. I also had a private investigator who used to run the narcotics unit for the county, testify that the detective's application was BS. he also showed a 12 minute video showing there was NO way this detective saw what he said he saw from where he claims.

And did the judge uphold the search warrant? you bet your crooked ass she did.

I will disagree with birdgirl on one point. i was told by several lawyers in my state that you do not have to mirandized (read your rights). Its just that if you say anything, they cant use it against you if they dont mirandize you. But again its their word against yours.

fuck the police

Birdgirl has a point. you should probably tell your parents. you'll look alot better in court with your parents, then by yourself.

[bob111]

birdgirl... ok that sounds fine.. i should be on tonight (9/22) at 9:45 i hope to see you then

[UTD Toker]

Ok guys thanks for all the legal advise!!! I talked to my friend that lives in the same city and he got the same citation and all he got was a $255 ticket and 6 months where he just couldnt get caught with weed. He also said they would mail a letter saying when my court date would be so i have to make sure and get that!!!

[birdgirl73]

I know cops DO use smell as probable cause, but I have a problem with that. The problem I have is...there's no way to prove whether they did actually smell anything or not. All they have to do is SAY they smelled something, even if they didn't, and who could ever prove otherwise? If they say they smelled something, well, then it must be so, right? That's wide open for abuse, and because that's so, it almost certainly IS abused as a reason for probable cause, probably frequently.

If I were a cop, I'd use that all the time -- why use anything else as an excuse when that one isn't proveable either way?

"Why did you search this man's car, officer?"

"Why, I thought I smelled [gunpowder/cannabis/burning crack/whatever], your honor."

"Did you find anything?"

"No, I didn't, your honor, but I sure smelled it!"

"Well then, the search is legal. Good job."

There are no real checks and balances there. There's no way to defend against that, because you can't prove the cop DIDN'T smell what he said he did, and the only proof there is that he did smell what he said he smelled is because he said so. That would be acceptable if cops automatically dropped dead if they lied, but they don't, and in this case there is every incentive to lie, and little incentive to tell the truth.
I agree with what you say, Jamstigator. "Probable odor" is a tough one to defend against, and it's completely a matter of the cop's side of the story or his subjective judgement. But, then, so is weed or paraphernalia in plain sight. Sure, they can shine their little mobile cams in there and shoot pics, and they can take what they find in an evidence bag, but what they say they see out in the open is very subjective, too--or at least very subject to exaggeration in testimony.

The disadvantage everyone but officers has is that officers are already granted a higher "credit" toward truth in legal testimony when they walk in the courtroom doors because they're sworn peace officers. I don't mean "sworn in" like when they come to testify, which also happens, but sworn with an oath to the state and their hiring agency when they begin their jobs to uphold and defend the law and to tell the truth (many courts don't swear them again for trials or hearings because they're already sworn as a part of their jobs). Anyway, unless there's clear evidence that cops are not telling the truth, the judge is automatically assuming that they are telling the truth just because of who they are.

This whole thing makes it rough for the little guy--the kid who's just driving around in his car with a buddy, toking.

UTDSmoker, I still think you need to tell your parents about this. They won't like it, but they'll like it a whole lot more than when they find out about it later and realize you didn't tell them when it happened. You're going to be in a world of hurt when that occurs, and they will find out. I think we already have fairly convincing evidence that you don't cover your tracks too well.

[birdgirl73]

birdgirl... ok that sounds fine.. i should be on tonight (9/22) at 9:45 i hope to see you then
Bob, one of the reasons in both my previous replies I was trying to set chat meeting times with you was that the chat server was taken down last night from this forum. There'll be another one up soon, but as of last night there's no chat function here for a time. I'm afraid you've not been very attentive to following up with your previous two posts, where I replied almost immediately, or you'd already have gotten with the program and met me up in chat before yesterday so you could ask me your burning question.

My intuition tells me you may have a health-related question. If that's the case, I'll give you my standard response. "Go see your doctor and ask him/her." If it's a question about reproductive worries, the standard answer is "Get a pregnancy test at the drug store and find out." If it's a question about the safety of weed smoking, the answer is "No, it's not entirely safe and does carry with it some health risks." And if your question concerns contacts or hookups or weed references--anything like that--the answer is no, I don't know anyone and don't know of any references. I'm actually not a smoker at the moment, just a strong advocate and supporter.

If those didn't answer your question, then once chat comes back, I'll be happy to meet you up there at a convenient time for me. If that's not soon enough for you, you may need to break with tradition and think about finding the approrpriate thread subject category, then going into that forum area and posting your question there. We've got a fairly open-minded bunch of folks here, and I can hardly think of any subject that's not already been discussed at one time or another, so if embarrassment is holding you back, remember, this is an online forum; you're fairly anonymous.

[jamstigator]

The difference with plain sight is, they WILL find something, guaranteed. With odor though, they may not find anything at all. But that gives them an unassailable excuse to search anything on anybody at any time for any reason, and if they don't find what they say they smelled, oh well, maybe they'll find something else. If not, no big deal. It makes EVERY search legal. They could burst through your door in the dead of night, tear your home apart, and what could you do? I mean, they smelled something! That's scary.

That film about your rights should be altered. Show the kids, with nothing on them. The cop says get out. They get out. They say they don't consent to any searches. The cop laughs and searches anyway, saying that he smells pot. After emptying all their bags and frisking them thoroughly and tearing apart their car and finding nothing, then he tells them to be on their way. Their lack of consent to a search is rendered meaningless by the smell excuse. It doesn't matter whether you consent or not, they can search you anyway. You can't really argue about it, and even if you do, you can't prove he DIDN'T smell what he said he smelled.

[HeyItsMe]

That's all you should have said to him. Even if he can smell it on you it's not tangible proof. HE HAS TO SEE IT. Most cops won't go through the trouble of getting a warrant and bringing in the drug dogs.

Most cops will go through the trouble, if they smell it very stongrly. The will call for a k9 unit in an instant. Well atleast around here.