Busted for first time...

[angry nomad]

Dude, I just got busted. If I was in high school, I probably wouldn't care as much, but I am 32. It sucks. I am pretty sure I was wrongly charged.

Anyway, check this out:

Amendment IV

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.

Your Right to be secure in your home was violated. This is the Fourth Amendment to the US Constitution. The Constitution is the Supreme Law of the Land. All laws made contrary to it are null and void. It is the duty of police officers to protect and defend the Constitution, and the citizens. What they did was completely illegal

If a cop ever comes to your door again, do not let them in without a warrant. They are like vampires. They cannot come in unless invited. Also, do not hold the door wide open. That way they cannot just walk in. Also do not give them probable cause by having bongs, weed or whatever in plain view. Then, they can walk right in legally, because you gave them probable cause. (I know you did not, but just a tip.)

[Zohar]

Dude, I just got busted. If I was in high school, I probably wouldn't care as much, but I am 32. It sucks. I am pretty sure I was wrongly charged.

Anyway, check this out:

Amendment IV

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.

Your Right to be secure in your home was violated. This is the Fourth Amendment to the US Constitution. The Constitution is the Supreme Law of the Land. All laws made contrary to it are null and void. It is the duty of police officers to protect and defend the Constitution, and the citizens. What they did was completely illegal

If a cop ever comes to your door again, do not let them in without a warrant. They are like vampires. They cannot come in unless invited. Also, do not hold the door wide open. That way they cannot just walk in. Also do not give them probable cause by having bongs, weed or whatever in plain view. Then, they can walk right in legally, because you gave them probable cause. (I know you did not, but just a tip.)

I know, and I think he knows, but I think he sadly might have let them enter without knowing he actually gave consent. It sounds like it happened so fast that the OP didn't know he was giving up consent, which is why birdgirl was warning him to make sure he knew his rights.

Nevertheless, this is great info you posted nomad, and it's important that others reading this recognize their rights. Just remember that tricky phrases like this may trick you into consenting:

"Mind if I check inside real quick?"
"Can I come in?"
"Do we have to talk through the door, can I just step inside?"
"C'mon, it's raining outside, let's talk inside instead."
"I heard from one of the neighbors that there were some burglaries lately, did you see anyone suspicious? You didn't, well let's get out of the cold and go inside and discuss it some more, maybe you'll remember more when you're a bit more comfortable."

Those are all hypothetical, but they are all a cop needs to go inside and start looking around for plain view evidence. One stray seed, a random stem, a roach, perhaps even a blunt wrap, are all reasons for them to then conduct a full search. Before you know it you've consented to them being present inside, and you've also left evidence out in the open for them to further prosecute your ass.

Some rules to go by when a cop is at your door:

(A) Meet them outside (I've done this by exiting a side door, one they are not knocking at). Insist to stay outside. You DO NOT have any obligation what so ever to let them in without a warrant no matter what!

[Exceptions: Plain view evidence of a crime is visible through a window or otherwise visible]

(B) In case they do come inside your house, make sure that all of your "paraphernalia" is safely tucked away. Buy a cheap lock-box at Walmart for $5 (yes, they are that cheap!) with a key. Store your bowls, weed, and roaches in there. Not only is it all together if you need to get rid of it, but it's neat. Nothing laying around out in the open.

(C) Dispose of stems/seeds/roaches you don't want off of your property. They are all biodegradable (not sure about blunt roaches) so if you throw a stem or two in the woods (not your woods in your backyard), it won't harm the environment at all.

It may be being a bit paranoid, but if your liberty is on the line, is it worth not spending an extra five minutes here or there being careful?

[Help_Needed]

Honestly, you need to call a lawyer on this one. Yes, it's "only" a $100 fine, BUT it's also a drug conviction that will be on your record for the rest of your life. And that can cause you to loose your job, and to not be hired for other jobs in the future. And if you ever find yourself in a position where you're going to rent a nice apartment or house and the rental office does a background check (a lot of them do these days) they can turn down your application.

So yes, it's only $100 now...but could be a big headache later. Call a lawyer.

[vtpka]

they had probable cause when they seen the bong in the house. thats the way it is in ohio anyways

[psychocat]

The problem with breaking the law is that you can be nicked.
Thats the way it is and I believe if you make the choice you take that chance and the bong just gave them probable cause to search.
Do the crime do the time.
I'm so glad the English cops are more laid back about this sort of thing, I've had cops in my house which is full of bongs and hookahs and the cops wouldn't think anything of it, you're just in a country that is far to uptight about ganja.
Last year I got arrested for ABH (actual bodily harm) and I had 2 oz on me at the time and all I got was a caution.

[angry nomad]

they had probable cause when they seen the bong in the house. thats the way it is in ohio anyways

No. They have to have probable cause, before they enter a house. The cop saw the bong after he entered the house illegally.

[Zohar]

No. They have to have probable cause, before they enter a house. The cop saw the bong after he entered the house illegally.

I'm not sure about that one, unless the cop was more then 75% sure he'd find a bong. For example, if he found absolutely nothing at all, he'd be losing his job most likely. At the very least, he's taking a huge risk unless he's fairly certain.

[I Justburn 247]

he broke the law. good luck proving that though in our fucked up legal system.

[Heifong]

It was my fault for preventing them from coming in. I saw them at my door and I kinda froze because I didn't read up on this stuff like I should have >_< He did walk in without asking or being allowed and saw the bong after the fact (my body was blocking it from their view til they came in.

The only problem with this is: The testimony of 3 officers is more than enough to counter any claim we make, whether they're lying or not. It seems like fighting this in court would just be a bad thing since the cops will just say "Oh we saw the stuff before we came in hurr hurr." Sadly, it's a hard battle to fight and I have no money for a lawyer with all these bills to keep up the house heh. I stopped smoking til I can recover from all this.

Next time they come I'll just ask them to leave if they have no warrant.

Also, smelling weed would be probable cause right? They couldn't have smelled it because we didn't smoke anywhere near the front door or anything and they didn't even say they saw or smelled anything before they came in.

[Flameon]

Heifong,

You need to watch the video that birdgirl posted again, it covers exactly your situation towards the end. Police trying to gain entry, and trying to use probable cause by 'claiming' to smell weed. I think it's worth standing firm on the fact that you 'didn't consent to any searches'. You might get it suppressed.

Check your rights man and good luck!