Busted,but not for growing.

actually i have been told by both cops and lawyers that smelling it gives them probably cause, you looking stoned does as well(only a cop has said that and it wasnt in conversation it was in a speech to a class so i dont know if it is true.

lol no they can't go by what you look like for being stoned cause some people i know always look like that

get a locking glovebox. put your shit in there. they need a warrant for that.

they are for sure if they especially found/saw ur dope b4. That gives them "probable cause."

You gave up all of your rights when you showed them the weed and the bowl in the first place.

You waive your right to the 5th whenever you admit or allow anything, especially when you show them both the drug and the paraphenelia in the first place. Now, if you guys would have simply placed the bowl and weed under a car seat or in a glove box, then the Plain View Rule comes into play. If they cannot visibly see anything out in the open, and you give them no consent for a car search, they CANNOT under ANY circumstances search your vehicle. They can order drug dogs in, but most likely you guys would have just gotten bitched at and then ticketed for whatever was the original reason you got pulled over for.

if they have a warrant i guess..

Yup, you told them you had weed. MISTAKE NUMBER ONE. Goodbye, rights.

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Originally Posted by birdgirl73

It's not reasonable doubt. (Reasonable doubt has to do with the burden of proof--for guilt or innocence--in trial litigation.)

This was "probable cause." And it means LEOs are allowed to search the car or other places if you've given them cause to do so. In this case, they obtained their cause by having seen the first pipe or possibly even smelling the smoke odor. Any detectible evidence--whether it's visible, smellable, or even feelable--that there's grass or other "drugs" around, and you've given them the right to look further. Cops themselves don't even have to prove the probable cause. They can just have a sense that something's up and then call in dogs, who smell the odor of drugs, and if a drug-sniffing dog indicates he picks up on a suspicious odor, then that's probable cause, too.

The fact that they broke your stuff is not right, but cops can always say they were simply doing a thorough search.

Might not be a bad idea just to seek some quick legal advice about what to do. I'm assuming you were just ticketed, or were you arrested and booked?

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They cannot search you based on "sense" or feeling.

But they can pretty much search you whenever they want, by just saying they smelled something. If they come out empty handed in the search, they just say that it smelled like weed or alcohol or something. If you get their badge number and name, and report them, their superior officer doesnt do anything about the search, so long as the police officer "could of sworn" he smelled alcohol.

It happened to me before.

Quote:

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Originally Posted by Aristotle

You gave up all of your rights when you showed them the weed and the bowl in the first place.

You waive your right to the 5th whenever you admit or allow anything, especially when you show them both the drug and the paraphenelia in the first place. Now, if you guys would have simply placed the bowl and weed under a car seat or in a glove box, then the Plain View Rule comes into play. If they cannot visibly see anything out in the open, and you give them no consent for a car search, they CANNOT under ANY circumstances search your vehicle. They can order drug dogs in, but most likely you guys would have just gotten bitched at and then ticketed for whatever was the original reason you got pulled over for.

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If they smell something they can also search.

Im pretty sure though, that dogs can only be called in if you submitt to a search, so says the "How to Avoid being Arrested by Cops" video.

Sorry for being so late to reply to all of your replys ... kind of forgot I made this , it was more of a rant :stoned:.

Anyway , I didnt tell the cops I had weed, and judging by what you all are saying they smelled the pot coming out of the car. Like I said we were sitting there hot boxxing as he strolled up, came to my window I cracked it and all of the smoke went out....Theres no way he saw the bong because it was hidden well, when the searched my car they found it under the seat and the bowl that was in it. I kept my weed in my pocket and they didnt ask to search me or anything. They then proceeded to take the pipe and the bong to the middle where this fire was one night and smased them both.