Almost Chaped

[Grandaddypurp]

So me and my friend are driving down the road with some hash about a 8th of weed and a steamroller gas mask and its saturday at about 12:30 and i look in my rear view mirror and see the red lights flash and they pull me over and he walks up to the car (i had hot boxed my car early in the day and forgot to air it out) he comes up to the passenger window and says "you were driving with only ur fog lights on... hey who has the weed i can smell it from out here" my friend respondes by saying no theres no pot in here. then he says he can clearly smell it and if we didnt tell him where it was he would search the whole car and find it and take one of us in but if we told him he would let us go. so im thinking why not and show him where it was and pulled out my weed my gasmask my pipe and he lays it on the hood of his car makes me stomp out the weed and tells me how big of a break hes giving me and gives me back all the rest of my stuff and tells me to go home. fuck driving so dam late its stupid and i dont think im ganna do it anymore.

[Pius]

ya man, i hear ya....murphy's law when ur driving at night thinking everythings fine...the cherries come on.

[Frivolous248]

Why the fuck'd you give it to him? You coulda said "too bad I don't consent to searches" when he threatened to search your vehicle. Smell is NOT probable cause.

[pochon]

It may not be probably cause, but remember you have literally no rights in your car. Always knew that and it was reinforced by my lawyer.

[Frivolous248]

No rights in your car? Its not school buddy.

You should get a new lawyer.

[AlwaysBlazed]

Yeah most people get tricked. Just don't let him search he can't to anything about the weed.

[bavet]

Well that was very cool he let ya go and let you keep your "drug" equipment hahaha hope ya stick to what ya learned about driving around with weed. Maybe take enough with ya to smoke up then go smoke outside somewhere. Then go crusin'.

[Psycho4Bud]

Why the fuck'd you give it to him? You coulda said "too bad I don't consent to searches" when he threatened to search your vehicle. Smell is NOT probable cause.

Better check that out again OR it may just depend on the state also. I had a buddy a while back get pulled over for a cracked windshield. The cop said he smelled weed and asked to search. My friend said no and was cuffed in the back of the cop car. The cops searched the car and found nothing.......he only had a roach and wasn't smoked got swallowed. The cops pulled him out of the back of the car, uncuffed him, and told him to go on his way.

He called a lawyer and was told that with "suspicion", such as smelling weed, they can place you under temporary arrest and do the search. That's how it flys in Wisconsin.........may want to check the laws of your state.

Have a good one!:thumbsup:

[Frivolous248]

Eh, that sounds fishy to me. Thats why if I was ever asked to step out of my car, I would lock my doors.

I thought it was an amendment, like the right to remain silent, the right to not consent to searches without a warrant (not necessarily called that though)

I really don't think smell would be considered probable cause though, there is no way to prove a smell really. If you see something, thats different.

Edit: http://youtube.com/watch?v=3NmC5wHfCdM I don't remember the guy saying anything about smell.

[partyguy420]

there was a video on how to handle cops that you guys all need to watch, it was posted some weres in the lounge.... i dont rember what it was called... or anything... but it was a google video... so im sure if you went to google... and typed in how to handle cops, and searched the vids, it would come up. but it was like an hour long...but rule one,,, never roll your window all the way down... keep your shit in your trunk that is locked, or in your glove box, locked up... roll the window down about an inch just enuf to pass your infrotmation threw the window, and to beable to talk to them... if he asks you to step out of the car, lock all of the doors, and roll the window up all the way as you get out... and for the love of god, if your driving around your parents car, and they dont know you smoke yet... you shouldnt be smoking in there car cause, they can call up you parents and have them come up and then serch the car, cause its there car in there name...

[Reefer Rogue]

That video is one of the most important videos for an American stoner who drives to watch. You got lucky grandpappypurp, you got damn lucky.

[Frivolous248]

there was a video on how to handle cops that you guys all need to watch, it was posted some weres in the lounge.... i dont rember what it was called... or anything... but it was a google video... so im sure if you went to google... and typed in how to handle cops, and searched the vids, it would come up. but it was like an hour long...but rule one,,, never roll your window all the way down... keep your shit in your trunk that is locked, or in your glove box, locked up... roll the window down about an inch just enuf to pass your infrotmation threw the window, and to beable to talk to them... if he asks you to step out of the car, lock all of the doors, and roll the window up all the way as you get out... and for the love of god, if your driving around your parents car, and they dont know you smoke yet... you shouldnt be smoking in there car cause, they can call up you parents and have them come up and then serch the car, cause its there car in there name...

That must be the video you are talking about, which is in my sig (how to not get busted) and the one I posted in this thread a few posts up.

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

[graph]

Eh, that sounds fishy to me. Thats why if I was ever asked to step out of my car, I would lock my doors.

I thought it was an amendment, like the right to remain silent, the right to not consent to searches without a warrant (not necessarily called that though)

I really don't think smell would be considered probable cause though, there is no way to prove a smell really. If you see something, thats different.

Edit: http://youtube.com/watch?v=3NmC5wHfCdM I don't remember the guy saying anything about smell.

It says smell is probable cause in the video, kinda. The problem is, you have to listen very carefully.

At one point he says "make sure to only roll down your windows partway, so that the officer cannot stick his nose into the care or get a good look around" or something to that effect. I've known of people getting searched on smell before, so yeah, I guess one of us should get off of our lazy asses and check it out.

[Frivolous248]

...No need to get hostile.

He never states whether smell is probable cause or not, just because it is somewhat implied does not mean it is. It might be...but it might not be.

In the section where he tells you what probable cause, he does not mention smell. He does say "this part is kinda fuzzy" so maybe smell is sometimes probable cause, but the only thing he really says is probable cause is the plain view rule.

I don't see why a cop should be able to go from smell alone. He might have a hunch (which is never enough) and then claim he smells some. If they can go from smell, I don't see why they don't claim it smells every time. By the time your in court then theres no way you can disprove it didn't smell, especially since you'd only be in court if you got busted.

Well, if a cop ever tries to search my car based on smell alone, he can suck a dick for all I care, I ain't letting him in.

[JaggedEdge]

Better check that out again OR it may just depend on the state also. I had a buddy a while back get pulled over for a cracked windshield. The cop said he smelled weed and asked to search. My friend said no and was cuffed in the back of the cop car. The cops searched the car and found nothing.......he only had a roach and wasn't smoked got swallowed. The cops pulled him out of the back of the car, uncuffed him, and told him to go on his way.

He called a lawyer and was told that with "suspicion", such as smelling weed, they can place you under temporary arrest and do the search. That's how it flys in Wisconsin.........may want to check the laws of your state.

Have a good one!:thumbsup:

I was talking to an old friend who has been on the police force for a couple years now and he say's the same thing as you.

If you refuse a search the cop just has to detain you in which case you no longer need to consent and they are free to search your car.

Trust me, there are loop holes for nearly everything. Yes cops no loop holes to get around our rights. The same exact case may get thrown out of one court where as in another you get 6 months in prison.

What I'm saying is do what your gut tells you when you get pulled over. Most of the time you can tell how big a dick is when he pulls you over. I have gotten out of two DUI's because the cops didn't feel like doing paper work and I was nice and polite.

Don't get cocky because of the U.S. Constitution because there are way's to get around it.

But I will give it to you, in most cases your best bet is to follow what the video sugests and if the worst still happes get mommy and daddy to hire a decent lawyer.