so yeah...i got arrested today

out of all the days to get busted it had to be today :eek: anyway im in quite a jam,and was hoping you guys could give me some sort of advice on this. heres the situation im in:i ditched my school(by the way,im a sr.,18) to go to another one down the street a couple miles to go smoke with my freinds. needless to say i brought my bong and weed with me and left it in my car(yes i knew it was a bad idea,but i thought i was friends with the admin,so i figured they wouldnt hassle me)so i go in to the gym where all the srs are cuz every1 else is testing.so right as i walk in this guy comes up to me and asks if i go to the school,i say yes and he say ok so i go and sit down.i guess while i was going to take a seat he went to the office to check if i went there,because when i sat down he pulled me out of the gym.he asked me if i went to the school and i said no.he then said good,now i have you for trespassing and called the campus cop to come get me. after 10 minutes of interigation,he was convinced something was up and asked to search my car,i couldnt say no so we went to my car.when he opened the door he saw shake on the floor....it went down hill from there.he found everything and started reading me my rights(it was kinda funny cuz he was gunna have me drive home until he did the eye thing).so now i have a misdeanor(that might not b alot to some of u but it is to)and possible expulsion.The only hope i have is that if i can raise $900 i can get an attorney to lower it to disturbing the peace

AW CRAP.....Well at least get the lawyer.....

Quote:

---

Originally Posted by nicenate

...he was convinced something was up and asked to search my car,i couldnt say no so...

---

Of course you can. You always have the right to refuse a request for a property search. Refusing permission for a search may make the officer suspicious, but it is NOT grounds for probable cause. He may or may not find probable cause to conduct a search later on, but you generally have little to lose at that point by refusing a search.

Yes, you may encounter a cop here or there who is willing to lie about conditions in order to demostrate probable cause, but for the most part, police won't chance lying in court to any significant degree. Doing so has severe penalties for law enforcement personnel, if caught.

Yeah but you know the way it is they can just get backup with warrant if they really want to....

If you refused the search, they would have called a dog in real quick. Best you can do now is get a good lawyer. That sucks man, good luck

Yeah man get a good lawyer. My buddy got caught with a pound and got a good lawyer and got off with a fine and community service.

the reason i couldnt say no is because it was on school grounds

wow sux. good luck man i got busted one time n that sux like hell. cops are definitly cock suckers

man my buddy got caught at school today too...which lick balls.

No your rights. say no. if he says it will be easier ask to see a warrant. He goes to get it, o oops, it take 12 hours. OUCH cop

theres probably not much you can do for this, even a lawyer cant really help get you completely out. lawyers are only good for getting you less fucked in the ass.

trespassing IS illegal, and if they talk about it in court they may tell you somethin about columbine, i was in court once and they busted a kid for trespassing (although he was there to register for classes) and the judge talked about columbine

and searching your car, you have the right to say no, but yes they will get a warrant or police dogs, who then sniff ur car freak out and then they have probable cause

fuck the police.

also, if your weed or pipe are sitting out on the seats and are visible, thats probable cause to search your car.

if you can't raise the cash i suggest the public defender. i know that doesn't sound too promising, but they are there all the time. They know the judges, they want you in and out. If its your first time they might send you to a drug counciling service to see if you have a "problem" and then give you a drug test. I had to do it when i got caught. all in all the charges got reduced to some disturbing the peace thing... no criminal record, no community service, and no attorney fees. occassionally the system works.

actually cops pretty rarely call in the dogs. but a lot of school grounds require you to consent to search by parking in the lot. I saw that driving by the highschool nearby a wlil while ago. bigass sign on the fence.

You have no case to get rid of the marijuana and tresspassing charges. You went on to school during school at the wrong school, that is trespasssing. You then allowed a cop to legaly look through your car and found marijuana and a bong,

Hmmm You should have said no.It is your right, and your right is one thing that fucking nazi for the state can not take....yet.By saying no your increasing your chances of not getting caught.Maybe the warrant wouldnt get through, and he couldnt search it.Or if he leaves to get it or leaves you unnoticed book it the fuck out of there.And for the dogs.Every stoner should do this in there house or car.Lay down a thin layer of cayenne pepper somwhere in your car or house and it will throw off the dogs scent.There you go.

dude i get suspended for school for weed
and i didn't have shit on me
what a fucked up world :-(
this 4 foot tall snitch ratted on me

hey what state are you in as we also had testing all week? That really does suck man get a good laywer.

Your country needs a regime change by the sounds of it and your whole society needs help with its values. What a way for a (free?) nation to treat its citizens. :mad:

yeah, he could have said no to the cop, but the only thing you people aren't realizing is that when he says NO to the cop, that is enough for the cop to immediately get a search warrant...then he has to let the cop search him...so yes, saying NO basically is probable cause under suspicion...

if you can't get the money to get a lawyer, go to your local public defender's office...you have the right to an attorney, if you can't afford one, then one will be appointed to you...you'll have to pay a small application fee (depending on where you live)...those public defenders are good, trust me, i just had one get me out of an underage poss. of liquor charge (i am underage, 20, by the way) on a plea bargain...it's worth the time to do that....if nothing else they might work out a plea bargain with your arresting officer and he may lower or drop some charges...especially since it sounds like you cooperated very well with him...have you ever heard of PTI? Pre-Trial Intervention? You can go apply for that at your local solicitor's office...what that does is puts you through some Narcotics Anonymous, community service, all that...but the big thing is that it keeps the charge off your record, you never actually go to court...it's a one shot deal though, just don't screw up after you go through it once...

I've had simple possession before, it's not pretty, but I went through PTI and straightened it right out...then my dumb ass turned around and got underage poss. of liquor at winthrop college, then got busted with weed there (didn't go to jail though, campus security was nice)...then I just now, two years later, got a DUI, open container with the underage possession dropped...so yeah, you might think I'd know a thing or two about the law as far as drug and alcohol charges...try for the PTI, if not, just suffer the consequence dude....we all do at some point...

yeah, by trespassing, they could have had enough suspicion to think you had weapons or something like that...so they can pretty much do what they want if you're already in the wrong...

When your on school grounds,you have no rights.They don't fuck around in school zones man.They can search you if they want to.At least in Ny state.So all you can do is run.

Quote:

---

Originally Posted by jadeius

yeah, he could have said no to the cop, but the only thing you people aren't realizing is that when he says NO to the cop, that is enough for the cop to immediately get a search warrant...then he has to let the cop search him...so yes, saying NO basically is probable cause under suspicion...

---

No, it is not. Please do your research before you shoot your mouth off about legal matters, thanks. For starters, you can read this. For the lazy, I'll quote a relevant portion:

Quote:

---

Police officers are not required by law to inform the traveler that they have a constitutional right to refuse a search request, and that a refusal cannot be used to imply probable cause of criminal activity, or that they will be free to leave if they refuse. A deputy sheriff told me they rely on people's ignorance to get the consent. An old DPS trooper tells his family and friends to say the following: "Officer, I don't have anything to hide, but I don't want you pawing through my stuff." He indicated it usually works. Sometimes a refusal will bring threats to get a warrant or drug dog, but if the officer really had probable cause to search, he wouldn't ask, he would tell.

---

Bolding mine.

well, sorry if i sound ignorant, but i've seen that line not work a million times...

and this kid was trespassing on school grounds to begin with

Quote:

---

Originally Posted by jadeius

and this kid was trespassing on school grounds to begin with

---

Yeah, that's the bad part. As for refusing a search, you can only do so if the officer has no probable cause. If he DOES (and, in this case, trespassing may be sufficient, but IANAL), he can search anyway. If he doesn't, but persists in trying to make a search he is breaking the law, and a good lawyer WILL get any any evidence thus obtained thrown out.

true, true, if i was just minding my own business and some asshole pig came up trying to search some shit i'd definitely say no to him/her