Busted,but not for growing.

[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.

Trivium Reviewed by Trivium on 06-16-2006. 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 Rating: 5

[spiked666killer]

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.

[spiked666killer]

2000 max fine * Sorry about that I can't edit this post anymore.

[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?

[pisshead]

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.

[Pothead4204life]

yeah they had probable cause to search....

[Big Calhoun]

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.

[Myth1184]

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.

[motorcycletony222]

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.

[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. :thumbsup: :stoned: