http://www.flexyourrights.org/traffic_stop_scenario
Video:
http://www.youtube.com/watch?v=3NmC5wHfCdM
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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 ;)
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
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
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
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.
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.
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
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!!
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.