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Busted,but not for growing.
hey mates, I got busted about an hour ago for sitting out at a lake with some good bud's and some herb. We were hotboxxing so when we saw the cop car they strolled up behind us, did there procedure, licence/registration, and then asked us to get out of the car. They also asked us where all of our weed was and we told them in a bowl, so they took my friends pipe and smashed it. Now before we got out i had a tiny bong in my hand and set it under the seat. They both went to there car and then came back and said we're searching your car, now being the guy I am I questioned there authority. I told them I dont think its legal that they search my car without a warrent, BOTH of the officers stood at each door staring at us trying to 'convince' us if I must put it that way that they were aloud because if open alchohol was found they would be aloud to search, along with smoking of 'drugs'. My question is simple, are they aloud to search my car because I had alot of shit taken and broken.
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Busted,but not for growing.
Yes I'm very much sure they are allowed to. Well atleast as long as they have reasonable doubt. The only thing I think they need a warrent for is to search your house. And I dont think they are allowed to smash your shit cause they need it for evidence. Also how much Bud did they find?
Plead guilty in court. Depending on the amount the price can range from 200-To in the thousands. Im guessing you had about 3 grams or so. That can go up to i think a max fine of 200 dollares for that amount. Like I said It depends On how much you had. What you had on you. The state you live in I'm guessing you live in the states. And the judge you get. Inless the cop just took your shit and smoked it.
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Busted,but not for growing.
2000 max fine * Sorry about that I can't edit this post anymore.
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Busted,but not for growing.
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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Busted,but not for growing.
according to the 4th amendment...which isn't really followed anymore...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Busted,but not for growing.
yeah they had probable cause to search....
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Busted,but not for growing.
birdgirl hit it...probable cause. Because you were caught in the commision of a crime, they had enough reason to warrant a search without a warrant. If I remember correctly (someone keep me honest) this was played out years ago in the Supreme Court. A guy questioned the searching of his car without a warrant and in which drugs were found. The courts basically said that 'probable cause' trumps the need for getting a warrant, particuarly when the subject of the warrant (ie. car) can be moved.
Now, let's say you and your friends had just got done smoking and the same situation would have happened. Well, now you can question their authority to do a search. However, they can also waste 2 hours of your life by requesting a drug dog to do an outside search would would warrant a search of the inside if the dog makes a 'hit'. Your damned if you do and your damned if you don't.
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Busted,but not for growing.
you were caught with the illegal drugs, they have every right to search your car and your persons.
Ive had several friends who got busted by the cops smoking weed, they didnt get arrested, but the cop did make them smash their weed and pipe into the ground.
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Busted,but not for growing.
The court ruling that gave the popos the ability to do a warrentless search also said that a reasonable time to "wait" for the "drug dogs" was about fifteen minutes, now heres the kicker, but the popo does not have to tell you that your free to go. Most people would wait for hours for the back up to arrive or the infamous drug dog, when I believe it was Justice O'Connor who wrote the dissent said that fifteen minutes seemed reasonable period to wait. Putting it in practice is harder than it sounds, it takes nerves of steel to do, but what is better, walking away with a chance to escape or a for sure trip to the pen.
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Busted,but not for growing.
Thats shameful but it sounds like the good ol america at it with there police/Nazi state I think they should be held accountable for smashing there pipes they can't go around smashing other peoples possesions regardless of whether you are doing something illegal or not,and how much did they find?Proberbly a pathatic 2grams something minor its a joke why don't they go and get the real crimminals instead of picking on people that do no harm and arn't hurting anybody by having a smoke of a plant in the ground not some booze made up by humans its a joke but I hope you are ok.:mad: :thumbsup: :stoned:
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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.
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Busted,but not for growing.
lol no they can't go by what you look like for being stoned cause some people i know always look like that
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Busted,but not for growing.
get a locking glovebox. put your shit in there. they need a warrant for that.
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Busted,but not for growing.
they are for sure if they especially found/saw ur dope b4. That gives them "probable cause."
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Busted,but not for growing.
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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Busted,but not for growing.
if they have a warrant i guess..
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Busted,but not for growing.
Yup, you told them you had weed. MISTAKE NUMBER ONE. Goodbye, rights.
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Busted,but not for growing.
Quote:
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?
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.
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Busted,but not for growing.
Quote:
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.
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.
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Busted,but not for growing.
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.
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Busted,but not for growing.
Quote:
Originally Posted by Trivium
hey mates, I got busted about an hour ago for sitting out at a lake with some good bud's and some herb. We were hotboxxing so when we saw the cop car they strolled up behind us, did there procedure, licence/registration, and then asked us to get out of the car. They also asked us where all of our weed was and we told them in a bowl, so they took my friends pipe and smashed it. Now before we got out i had a tiny bong in my hand and set it under the seat. They both went to there car and then came back and said we're searching your car, now being the guy I am I questioned there authority. I told them I dont think its legal that they search my car without a warrent, BOTH of the officers stood at each door staring at us trying to 'convince' us if I must put it that way that they were aloud because if open alchohol was found they would be aloud to search, along with smoking of 'drugs'. My question is simple, are they aloud to search my car because I had alot of shit taken and broken.
well there was the main problem right there u admited to the crime... this video i posted to threads down was really informative on this subject
http://www.youtube.com/watch?v=3NmC5wHfCdM
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Busted,but not for growing.
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Originally Posted by drewation
I dont know how to get this through your head:confused: :confused: . They were SEARCHING the car so they would have found the bong and the weed inside the bowl. That wasnt ALL the weed I was covering up for the rest of the shit I was hiding in my pocket. Of course all Img oing to say is its in the bowl....'No no officer thats not all, its in my pocket too'....duh?? Anyways they searched the car and FOUND the bong I dont know how you do not find a bong so they were going to find the weed anyway. Why not be upfront about it like I was , if you're an asshole they will search your person .... I didnt get searched because of my manor, one of the girls who I was with was reallly pissed because it was her bong, she proceeded to call the cop a fucking prick and a fucking asshole , etc cant control her mouth SHE got searched....
My whole car was hotboxed they were going to search wether I told them there was weed in the bowl or not...
I may have told them where THAT weed was before they searched because they were going to find it anyways ... like I said have a respectfull manor towards them and they'll have one towards you too.
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Busted,but not for growing.
Quote:
Originally Posted by Trivium
I dont know how to get this through your head:confused: :confused: . They were SEARCHING the car so they would have found the bong and the weed inside the bowl. That wasnt ALL the weed I was covering up for the rest of the shit I was hiding in my pocket. Of course all Img oing to say is its in the bowl....'No no officer thats not all, its in my pocket too'....duh?? Anyways they searched the car and FOUND the bong I dont know how you do not find a bong so they were going to find the weed anyway. Why not be upfront about it like I was , if you're an asshole they will search your person .... I didnt get searched because of my manor, one of the girls who I was with was reallly pissed because it was her bong, she proceeded to call the cop a fucking prick and a fucking asshole , etc cant control her mouth SHE got searched....
My whole car was hotboxed they were going to search wether I told them there was weed in the bowl or not...
I may have told them where THAT weed was before they searched because they were going to find it anyways ... like I said have a respectfull manor towards them and they'll have one towards you too.
when did i say anything about the weed in your pocket? cops cant just "search" your car... i think wat you have failed to tell us is where was the bong when the cops came to the car? if it was sitting in clear visible sight then you couldnt have done anything more... but if it was hidden and they found it once you got out and had searched your car then it was your fault for giving up your rights to begin with. another question did they "ask" you if they could search your car say "mind if i have a look around?" or was it more of a demand as in "we are searching this car"? acctualy im sure it didnt even come to that since im getting the impression you left your doors open when you got out... honestly watch the entire video and you will understand where you went wrong
edit: i forgot to read your post above mine where you said it was under the seat. in conclusion you gave up your rights without even knowing about it...
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Busted,but not for growing.
Quote:
Originally Posted by Miss Green
Thats shameful but it sounds like the good ol america at it with there police/Nazi state I think they should be held accountable for smashing there pipes they can't go around smashing other peoples possesions regardless of whether you are doing something illegal or not,and how much did they find?Proberbly a pathatic 2grams something minor its a joke why don't they go and get the real crimminals instead of picking on people that do no harm and arn't hurting anybody by having a smoke of a plant in the ground not some booze made up by humans its a joke but I hope you are ok.:mad: :thumbsup: :stoned:
The only thing is that, he is from Canada.
Your Hate for America Knows no bounds.
