talking to the police: your rights

whatup guys.

i was checkin out erowid the other day and came across the whole bit about cops. talking to the police, your rights, what to do if your stopped, how to avoid being stopped etc.

i was told a story by a friend of mine who got fucked blazing in his car the other day. what basically happened was they were parked when the police come up behind they saying through the speaking thing "we smell pot, stay in the car" they then came up to the window and said give us all your stuff, we smell pot and are going to search the car so give us everything now or youll get in more trouble when we find more stuff.

is this exactly legal. i read all the stuff on erowid (oh heres the link btw http://www.erowid.org/freedom/police/police.shtml) but it didnt really touch on blazing in your car that much. because im going to be smoking primarily in my car when i get one, i wana make sure i know all my rights and what to do in every possible situation. what do you guys think.

i beleive it is. If they have reason to search you its legal

I found this video in somebody's signature the other day (don't remember whose) and would highly recommend watching it. It will tell you pretty much everything you need to know:
http://www.youtube.com/watch?v=3NmC5wHfCdM

P.S. Also watch the video in my sig, since you're down for tha krown. ;)

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Originally Posted by Greenport

i beleive it is. If they have reason to search you its legal

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but what is "reason to search" they cant just walk up to pedestrians and say oh you look suspiscious, im going to search you! they have to have probable cause or something like that, and since u cant search a car for the polices own safety, it deosnt make much sence...

Smelling of marijuana, wearing any clothing that has marijuana on it, a pot leaf, even if it says something as simple as, "Let's go get high." it can be taken as reasonable suspicion and they can search you on such grounds.

If they smelled pot OUTSIDE the vehicle, there is reason to believe that INSIDE there will be contraband and paraphrenalia. So, they'll search on those grounds.

thanks for that video, its still downloading but ill watch it in a sec.

btw, whatd you think of koastIIkoast

srh4life

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Originally Posted by Oneironaut

I found this video in somebody's signature the other day (don't remember whose) and would highly recommend watching it. It will tell you pretty much everything you need to know:
http://www.youtube.com/watch?v=3NmC5wHfCdM

P.S. Also watch the video in my sig, since you're down for tha krown. ;)

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Yeah you got it out of my sig. :D

Well in most states a simple smell of weed is NOT enough to give them probable cause.

that video is amazing. seriously i can tell its going to save my life already. the only other question i had was just answered above...i think. what if your window is rolled up about halfway or a little more but the officer still claims he smells marijuana. and says something like "i smell marijuana in your car, step outside im going to have to search the automobile" or some shit like that. what should you say?

Man are you new to america? Ok Fact : peds dont need to be suspicious cops can do a pat down and a bag search if u have one for no reason. now heres were we need an expert but ill say car needs warrent: consent: or they can brign a dog and that sucks. House is warrent or consent. Just had to because i recently learned they can do a pat down and bag look i think it is for no reason. althought harrassment could be an issue

Smokin n token, heavily choken, smokin a lil somethin to relieve my mind, puffin up the trees all night, smokin on kush no seeds in mine...

In that case, step out, and lock your door. Probable cause is if something is in plain view. He can claim he smells weed all he wants, but its not illegal to have the smell lingering around. Gothen, sorry but your wrong and thats not probable cause. He has no proof it smells like it. When something is visible, that is UNDENIABLE proof. He can check out anything he sees. If he wants to look in your perfectly visible ashtray because he sees what he believes is a roach, he can. Its not a search when it was completely visible. But smell, thats not very solid proof.

Heh, thanks for the link SPQR, I clicked it awhile and put it in my sig too :D

Well they were sitting in a car, smoking cannabis. One, it is illegal to consume cannabis, and two, it is illegal to drive under the influence of cannabis. Which your friend was going to clearly do after he was done.

Yes, I believe they had a right to search. They smelled cannabis, which can lead them to believe there may be more inside the vehicle, which again, is illegal. He was in a car, which is illegal to drive under the influence.

A friend and me stole my mom's car once (I was 13) and the cops pulled us over, and had dogs sniff the car... I don't know why though... but yeah, they didn't ask permission or anything... and that cop was nice! He let us go with no charges, he just made my mom promise to be mad at me or something...

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Originally Posted by Nochowderforyou

Well they were sitting in a car, smoking cannabis. One, it is illegal to consume cannabis, and two, it is illegal to drive under the influence of cannabis. Which your friend was going to clearly do after he was done.

Yes, I believe they had a right to search. They smelled cannabis, which can lead them to believe there may be more inside the vehicle, which again, is illegal. He was in a car, which is illegal to drive under the influence.

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whoa whoa whoa. No, its NOT illegal to consume cannabis. Its illegal to possess it, and, if you are consuming it, you are obviously in possession of it. I've never once heard of someone being arrested for being high. Laws don't always make sense, thats why theres lots of loopholes for criminals. I plan to someday get super high, with nothin' on me, and go tell a cop I'm high as hell, just to laugh when he realizes he can't do anything because I have nothing on me.

They didn't have a right to search, watch the video.

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Originally Posted by BlazinTreesX3

Man are you new to america? Ok Fact : peds dont need to be suspicious cops can do a pat down and a bag search if u have one for no reason. now heres were we need an expert but ill say car needs warrent: consent: or they can brign a dog and that sucks. House is warrent or consent. Just had to because i recently learned they can do a pat down and bag look i think it is for no reason. althought harrassment could be an issue

Smokin n token, heavily choken, smokin a lil somethin to relieve my mind, puffin up the trees all night, smokin on kush no seeds in mine...

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no man. i would say your new to america but obviously your not so im just going to say your not very well informed. cops can do a brief weapon patdown of your outer clothing for their own safety. to search a car you need to give conscent but they trick you into giving up your rights. and no, they cant bring in a dog unelss you give conscent to search but yea, house is warrant or conscnet. duno about the harassment....wait actually i think i pretty much just agreed with what you just said. weird.

ive seen those videos. you can watch as many videos as you want it doesnt mean shit when you're cuffed and up against a car with a cop searching your pockets without consent while you are high as fuck and tripping on shrooms. sadly in america probable cause is so poorly defined that it is usually at the cops discretion whether he wants to search you. unconstitutional-yes , unfair-yes, illegal-probably not.

smelling weed is definately probably cause. They cannot do a bag search with no reason, they can do a weapons search, or a frisk, without reaching in your pockets.

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Originally Posted by Nochowderforyou

Well they were sitting in a car, smoking cannabis. One, it is illegal to consume cannabis, and two, it is illegal to drive under the influence of cannabis. Which your friend was going to clearly do after he was done.

Yes, I believe they had a right to search. They smelled cannabis, which can lead them to believe there may be more inside the vehicle, which again, is illegal. He was in a car, which is illegal to drive under the influence.

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they SMELLED it they DID NOT actually SEE any weed or this person actually SMOKING it.Smell alone is NOT probable cause (at least not in the several states I've traveled through.) Like someone said, get out of your car and LOCK THE DOORS!!!If the pig wants to search,he HAS to go get a K-9 to alert on the car or else has to be able to PLAINLY SEE contraband in the car.As in PLAIN SIGHT.Funny thing about smells, they tend to SPREAD.Just because a cop THINKS he smells weed doesnt mean it was coming from that person's car.It could be a patch of weed growing in the woods close by making the smell.(I know this from experience, there is a stretch of strip mall near my home that smells like pot 24/7 due to there being a pot patch growing in the woods somewhere near by.)Hell who knows if the cop even really knows what weed smells like.He could be smelling oregano or a few other spices that smell smilar to weed when burned.And those things are LEGAL.

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Originally Posted by Fan o KmK

nand no, they cant bring in a dog unelss you give conscent to search

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Where the HELL did you hear that?It's utter bullshit of course.If you DONT consent to a car search , the fucking K-9 is EXACTLY what they threaten to get to gain their probable cause to search.It's perfectly legal for them to detain you long enough at the roadside for a K-9 car to get there and run the dog around the car.If the dog alerts on it,BINGO legal cause to search WITHOUT your consent.
what drugs are you on?They obviously detrimentally affect your grasp on REALITY if you think they need your consent to let a K-9 sniff around your car.

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Originally Posted by thebeancounter41

Where the HELL did you hear that?It's utter bullshit of course.If you DONT consent to a car search , the fucking K-9 is EXACTLY what they threaten to get to gain their probable cause to search.It's perfectly legal for them to detain you long enough at the roadside for a K-9 car to get there and run the dog around the car.If the dog alerts on it,BINGO legal cause to search WITHOUT your consent.
what drugs are you on?They obviously detrimentally affect your grasp on REALITY if you think they need your consent to let a K-9 sniff around your car.

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so what you just said is if you tell the police "no i do not give conscnet to any searches" and they have no probable cause that they can bring in the dog to sniff your car. first of all, dont act like a smartass. thats unconstitutional and a breach of citizens rights.

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Originally Posted by Oneironaut

I found this video in somebody's signature the other day (don't remember whose) and would highly recommend watching it. It will tell you pretty much everything you need to know:
http://www.youtube.com/watch?v=3NmC5wHfCdM

P.S. Also watch the video in my sig, since you're down for tha krown. ;)

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lmao....in the video the guy smells the kids bag of weed and says "this smells freshly used"

how the fuck can you tell if non used marijuana has been used LOL

hahah im high as shit my bad. just thought it was funny

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Originally Posted by Fan o KmK

so what you just said is if you tell the police "no i do not give conscnet to any searches" and they have no probable cause that they can bring in the dog to sniff your car. first of all, dont act like a smartass. thats unconstitutional and a breach of citizens rights.

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hold on a minute I don't think it's unconstitutional or a breach of citizens rights. it's ghey non the less though. if you don't consent to a search they don't always bring a k-9 out. i hope....

Look, the whole reason K-9 units even EXIST is to create the probable cause. If the dog begins to smell something, even with the doors closed (which they can do), then that counts as probable cause. That is the whole point of their existence.
What happened in that video was that the poice officer did not want to waste his time calling in a K-9 unit on a hunch so he just wrote a speeding ticket.
What you folks REALLY have to remember, though, is that in the courts, it is your word against the cop's. The judge will almost always side with the cop. If a cop says he "smelled something funny" but really didn't, all he would have to do is force himself in there. It is VERY ILLEGAL to use ANY physical force against a cop. If one wanted to get into your vehicle badly enough, he would.
Now, the trick is to not let him think that he should waste his time searching you. Whenever I go to smoke, I usually dress as far away from the "stoner look" as possible. Suits w/ ties, jock clothing... anything to make that cop think that searching you would only be a waste of his time.
And smoking in the car is the stupidest thing you could do. There are NO contingencies if a cop feels like being a dick. And some do.

heres what you do if stopped by a cop. you dont consent to a search and you lie lie and lie some more. people tend to forget it isnt illegal to lie to cops when stopped. you can lie all you want. it isnt a court. so just lie. it is your best bet. if you dont lie youre fucked if you get caught lying you arent any more fucked than you would have been. i know this from experience. so lying gives you a shot at getting nothing. and they dont really use dogs for pulling people over or i wwould have been fucked a long time ago as i drive around with a pipe in my car that has been used many a time

If a cop smells marijuana, and see's your eyes, from outside the car he is going to search it, You can say no but he will call for a k9. No dout about it.
atleast around here, and I assume most places.


Edit: And I dont think cops like being lied to repeadely, it will piss them off alot more.

I had a friend get pulled over in Nevada because a cop thought he spotted him smoking a bowl(which he was)...so he asked to search my friends car..and my friend consented....and he called in a drug dog ANYWAY...and after the search and he found nothing(amazingly enough)....he left my friend go..just as the drug searchers were pulling up...

I was camping once and had a forest ranger dude catch me and my friends smoking weed..and he said he tried to get another officer out there and a drug dog but no one would do it...dumbass....

from experiance.. if you get pulled over and you got some weight.

if the cop want sto search your car or you let him...if you don't your rolling the dice..he will bring in a dog 8-10 , if you look guilty if the dog comes your fucked. let the cop search if your smart enough you should get away.. lots of hiding places in cars. just don't be lazy i used to put weed in film containers in ziplock and hide in windshield washer resoirvor. i got stopped with a bunch one time in the trunk in a anti-freeze jug i had a half pound inside in a bag and the bottle filled with regular water. he smelled it cause i just burt one.. he threatened me with the dog i opened my ashtray showed him the roach. he spent mabyee 30 seconds looking around the car, then took the roach and let me go.....worse case where i live getting busted with a roach is mabyee probation but most likely a ticket