my frend got caught with 2 oz and the search wasnt legit HELP

[johnfcthree]

okay so i live in oklahoma(jsut so everyone knows waht type of laws we got) and i go to a school with off campus lunch. so today we were sitting in roberts van and we were parked legally and no one had anything illegal out in plain sight. but the van was tagged up with spraypaint. u could tell it was a stoners van, but there wasnt n e thing about drugs or anything illegal wrote on the van. just aabuncha checkers and squigly lines and a few writings like there band name(hisum) and like "john was here" nothin bout weed tho. so were all sittin there chillin and some cops came up. one of them came up and sed "show me ur id's" so everyone who had one showed them their id. then he sed "get out of the vehicle and sit on the curb" so we did. then they started the pat down searchin. they found nothin on me or bob(the owner of the van) but they did ASK FOR PERMISSION to pat us down, doesnt that mean they DID NOT have a warrant? and i know they didnt have probable casue, but one of the grls that hang with us was smokin and shes 15 but she wasnt with us when they saw her smokin. so they had no probable cause. so they patted us down, one girl got caught wit xanax bars, but they let her of kuz her dads a cop, which is bs. a few kids got caught with tobacco and one with a straw(parafenilia) but the OWNER of the van had nothing on him. so while one dude is patting us down, another cop jumps in the van and starts searchin. he finds the box with the 2 ounces of weed in it, but it was under the couch(hah yeah theres no back seats, but theres couches) which is not in plain view. so they impounded his van and took him to jail, then said he was "selling drugs". i was there the whole time nothing was pulled out or sold the entire time. i got called into the office at school later that day, and they called my parents. then i saw bob in the attendants office, just got back from the police station(i guess they dint aresset him kuz hes 17) so i want to take this to court. they did find weed, but we can still get the charges dropped because it wasnt warrented and there was no probable cause, right? PLEASE HELP!!! if u have any questions bout the situation, just ask. if u cant find a reason for them to search the van, im taking it to court. AND ITS THE DAY BEFORE 4:20... FUCKIN COPS!!! n e wayz please help if u can!!!

johnfcthree Reviewed by johnfcthree on 04-20-2006. my frend got caught with 2 oz and the search wasnt legit HELP okay so i live in oklahoma(jsut so everyone knows waht type of laws we got) and i go to a school with off campus lunch. so today we were sitting in roberts van and we were parked legally and no one had anything illegal out in plain sight. but the van was tagged up with spraypaint. u could tell it was a stoners van, but there wasnt n e thing about drugs or anything illegal wrote on the van. just aabuncha checkers and squigly lines and a few writings like there band name(hisum) and like "john was Rating: 5

[WakingDream]

If anybody consented to a search then anything found on them can be used against them. If the owner of the van consented a search then it doesnt matter if it was warrentless.

[John Doe]

Yep and... even if you didnt consent to a search... its basically your word vs the cops... I went through the same thing with vicodin.. exept the cop said "mind if i search your vehicle" and i said "why" then the cop said
"well now im gonna search it anyways" well in court... the cop admitted that... "it was possible i said that but i dont remember it was a long time ago".... and I still lost my case.. and I had one of the best narcotics attorneys in all of CA... Just shows that its your word VS the cops...
Now... Who do you think the JUDGE will believe.. some stoner? or an officer of the law...

[duhrickjames]

That's why when a cop asks if he can search you or your house or your car you ALWAYS respond with...

"No. I do not consent to a search. I do not consent to further questioning. I do not consent to further contact without my lawyer present."

And then you literally stop talking.

The only time you ever have to speak to a cop is if they believe you witnessed a crime. Then not talking could be considered obstruction.

They might say "YOU'RE UNDER ARREST, BUT YOU'RE UNDER ARREST" when you say you don't want to talk. That is their way of coercing you to talk. You being under arrest doesn't waive your 5th amendment rights not to talk.

So, in summary, never talk to a cop. Even when under arrest.

[redneck1]

first off, if you want to smoke, don't do it around your school campus! that's just plain stupid. also, why would you give the police a reason to look at your vehicle by making it look like an alley wall? one of the best ways to avoid the police is to not make yourself a target. i know, there are constitutional rights that we all have, but avoiding contact with leo in the first place is the best protection you can provide yourself.

[Shelbay]

That's why when a cop asks if he can search you or your house or your car you ALWAYS respond with...

"No. I do not consent to a search. I do not consent to further questioning. I do not consent to further contact without my lawyer present."

And then you literally stop talking.

The only time you ever have to speak to a cop is if they believe you witnessed a crime. Then not talking could be considered obstruction.

They might say "YOU'RE UNDER ARREST, BUT YOU'RE UNDER ARREST" when you say you don't want to talk. That is their way of coercing you to talk. You being under arrest doesn't waive your 5th amendment rights not to talk.

So, in summary, never talk to a cop. Even when under arrest.

The right advice..and ALWAYS have your Attorney present when you do talk and/or give a signed statement. Many people are intimidated by Authority instead of respecting their position and give implied consents.

[krustythfreakinclown]

Here's a trick cops have:

They will ask/demand you sign a paper waiving your rights. NEVER SIGN THAT PAPER!!! Even if they threaten you with arrest or whatever, never waive your rights. If you do, then:
-the cops can arrest and hold you at their discretion, even if they don't have probable cause
-you do not have the right to keep silent. IOW, you must answer all their questions.
-Basically, the cops can do anything they want at that point to you.

I've seen cops use that move at least twice.

[Dr. VanNostrin]

But fact of the matter is they can still do what they want, not from a legal point-of-view, but from a you cant really do anything about it point-of-view. I mean seriously, what can you do if an illegal search is taking place? Go ahead and file a complaint they won't do shit cause they protect their own. A cop or a member of his family speeds, the get no ticket. Courtesy they call it. If anything the punishment should be harsher for a cop than civilian cause they are the last person who should be breaking the law. But do they get in trouble? No. Cop beats your ass with his stick for no reason. If you are convincing enough in your complaint, he'll lose his job but he will NEVER go to jail for some shit that you absolutely would go to jail for. That pisses me off the most. But back on the illegal search...I think about this a lot. If I get pulled over all a cop has to do is say he smells it and he will search my shit. What can I do? I could look right at the guy and say "I do not consent to a search" and you mean to tell me he's gonna be like "ok, sir, have a nice day then"? No that motherfucker is gonna be more like "HAHA" and he is gonna search and you can't do anything about it. That really kills me I mean they can do anything they want, and what are you gonna do? Try to physically prevent him from illegally searching your house/car? They will beat your fuckin ass, fucking pigs fuck em all.

"I treat their face like I'm going to my safe - 10 to the left, 6 to the right" - Sheek Louch