http://www.marijuana.com The law and protecting your personal freedoms as it relates to illicit drug prohibition and its effect on drug users. en Fri, 20 Nov 2009 23:40:00 GMT vBulletin 60 http://www.marijuana.com/images/misc/rss.jpg http://www.marijuana.com http://www.marijuana.com/legal-issues/134233-some-questions.html Wed, 18 Nov 2009 12:37:29 GMT Do the 10 amendments apply in canada? Does probable cause give them authority to search your home? In what cases are they permitted searching your backpack? Do the 10 amendments apply in canada?

Does probable cause give them authority to search your home?

In what cases are they permitted searching your backpack? ]]> Legal Issues TyBiggy http://www.marijuana.com/legal-issues/134233-some-questions.html http://www.marijuana.com/legal-issues/134020-need-some-feedback-asap.html Sun, 15 Nov 2009 03:33:21 GMT Alright so i got caught with my pipe at school and was told i was going to have random U.As. However, when i went into the diverson program, they said that i wasn't going to. its been 2 months since my first and only drug test at school. i think that the school doesnt drug test me becuase they know the disicion that diversion makes. Help?:confused:

P.s. I Know that taking a pipe to school was dumb. =P ]]> Legal Issues Kris Toker http://www.marijuana.com/legal-issues/134020-need-some-feedback-asap.html http://www.marijuana.com/legal-issues/133996-so-i-got-caught-last-night.html Sat, 14 Nov 2009 18:24:35 GMT Bad luck is what it is.... anyway we are crusing around town in my car when we hear a rumour that there is a fight going down. So we show up at the spot, park my car in a department store parking lot (a few blocks away). So we start walking up to the fight by the soccer fields, theres about 100 - 200 people there. We get to watch 2 fights then 3 cop cars show up driving crazy doing donuts around the soccer field parkign lot. Everyone runs into the woods, the only people that got caught were the ones parked right there. So we wait about a half hour in the woods, then we walk back to my car and theres 2 cops at my car (where most of the people parked for the fight) so there getting ready to tow everyones vehicle. I walk over to get my car and the cop says he searched my car becuase it was abandon (what the fuck?) he finds about 4grams and a pipe takes that, then ask me if i have needles... and then says he was only looking for weapons and doesn't have time to deal with this shit. Gives me a 60 parking ticket, calls my dad to comes pick up the vehicle and leaves. Then i finds out that my 5 friends who were in my car all got stopped walking up the street, they had weed and off topics on them, the cop only finds the weed and lets them off to.

my question is, was the cop allowed to search my car? there was nothing in plan sight. ]]> Legal Issues MattSKA http://www.marijuana.com/legal-issues/133996-so-i-got-caught-last-night.html http://www.marijuana.com/legal-issues/133883-buying-seeds.html Fri, 13 Nov 2009 01:47:41 GMT If I live in a state that doesn't have any decriminalization laws on the books, is it illegal for me to buy seeds and have them shipped to my home address??

I live in this hellhole of a redneck society in the Deep South known as Alabama, if it helps in your answering. Thanks! ]]> Legal Issues http://www.marijuana.com/legal-issues/133883-buying-seeds.html http://www.marijuana.com/legal-issues/133743-traffic-court-drug-tests.html Wed, 11 Nov 2009 04:27:51 GMT I was recently in a wreck and as a result got two tickets. One was for having more than one person in the car and the other was for looking away for a split second thus causing the wreck. I am currently on court supervision (my po said all court supervision means is that if i get arrested i automatically get tested.) I have been off random court tests for awhile. The wreck wasnt bad at all notreally any damage to the cars. My question is will i get tested in traffic court? The cop who came to the scene said the two tickets werent a big deal and that it would probably be off my record with traffic school I was recently in a wreck and as a result got two tickets. One was for having more than one person in the car and the other was for looking away for a split second thus causing the wreck. I am currently on court supervision (my po said all court supervision means is that if i get arrested i automatically get tested.) I have been off random court tests for awhile. The wreck wasnt bad at all notreally any damage to the cars. My question is will i get tested in traffic court? The cop who came to the scene said the two tickets werent a big deal and that it would probably be off my record with traffic school ]]> Legal Issues durd12345 http://www.marijuana.com/legal-issues/133743-traffic-court-drug-tests.html http://www.marijuana.com/legal-issues/133508-cops-my-house.html Sat, 07 Nov 2009 19:08:59 GMT So here is what happened to me last night. I went to my buddies house to blaze all night, and he lives about a block or two away from me. So last night no one was at my house, and my sister called me at 3am saying she was going to my house. Well about 15 minutes later she called me back saying this kid bought some weed off her, and he smoked it and got to high, and called the cops saying his heart was beating to fast or some shit. Well me and my buddies were wasted and burnt out, but i saw 2 cop cars drive to my house and an ambulace. Anyhow the cops said they had a key for my house, and they went in it without any permission, they found my little sister hiding upstairs. Now they are saying they might have to come back. But i want to know if the cops were able to come in my house legally, no one let them in. So here is what happened to me last night. I went to my buddies house to blaze all night, and he lives about a block or two away from me. So last night no one was at my house, and my sister called me at 3am saying she was going to my house. Well about 15 minutes later she called me back saying this kid bought some weed off her, and he smoked it and got to high, and called the cops saying his heart was beating to fast or some shit. Well me and my buddies were wasted and burnt out, but i saw 2 cop cars drive to my house and an ambulace. Anyhow the cops said they had a key for my house, and they went in it without any permission, they found my little sister hiding upstairs. Now they are saying they might have to come back. But i want to know if the cops were able to come in my house legally, no one let them in. ]]> Legal Issues upinacloud http://www.marijuana.com/legal-issues/133508-cops-my-house.html http://www.marijuana.com/legal-issues/133453-avoiding-your-stuff-being-found-stop-search.html Fri, 06 Nov 2009 20:22:17 GMT I had my stuff in my pocket. Bad mistake.

Since then I've been too terrified to carry around anything - I'm looking for safer ways to carry stuff.

There's always the sock I suppose.

If boxers are tight enough you can crotch it.

Sewing a hidden pocket on the inside of your trousers on the crotch area, where they won't check in a routine search.

Any more ideas? Much appreciated. ]]> Legal Issues elcrep http://www.marijuana.com/legal-issues/133453-avoiding-your-stuff-being-found-stop-search.html http://www.marijuana.com/legal-issues/133426-im-probation.html Fri, 06 Nov 2009 13:16:49 GMT I was locked up at a juvenile center for a week due to minor consumption. It was terrible. I've never been in trouble with the law. I'm 16 years old. I was released this past Tuesday and put on probation for 6 months. It tears me apart knowing I won't be able to smoke anymore :( The day after I got home, I decided I may as well smoke my supply while I can. I was already dirty when they drug tested me, so I figured it wouldn't matter considering I have a court date coming up within a couple of weeks. I just can't believe I have to stop smoking for 6 months... I don't know how i'm gonna do it. It's bullshit. I sure as hell am not risking getting sent back to that juvenile center. So pretty much I'm screwed and won't be able to smoke for half a year... please give me advise. help me through this... :( ]]> Legal Issues Abby http://www.marijuana.com/legal-issues/133426-im-probation.html http://www.marijuana.com/legal-issues/133365-legal-grow-weed-new-jersey.html Thu, 05 Nov 2009 18:13:11 GMT I grow in new jersey in my backyard during the growing season. only like 3 plants since i have only so much room. I was just wondering if it is legal to grow for personal use for medical purposes. I grow in new jersey in my backyard during the growing season. only like 3 plants since i have only so much room. I was just wondering if it is legal to grow for personal use for medical purposes. ]]> Legal Issues xgcbxr http://www.marijuana.com/legal-issues/133365-legal-grow-weed-new-jersey.html http://www.marijuana.com/legal-issues/133308-drug-paraphernalia-license-suspension.html Wed, 04 Nov 2009 22:58:49 GMT I received a citation a few months back for having a pipe in my car, and I have heard of people getting their drivers license suspended for possessing marijuana. Can they do the same for a pipe? I live in Texas btw. I received a citation a few months back for having a pipe in my car, and I have heard of people getting their drivers license suspended for possessing marijuana. Can they do the same for a pipe? I live in Texas btw. ]]> Legal Issues zweedJR http://www.marijuana.com/legal-issues/133308-drug-paraphernalia-license-suspension.html http://www.marijuana.com/legal-issues/133279-state-defense-lawyers-try-save-pot-ids.html Wed, 04 Nov 2009 13:21:29 GMT (11-03) 18:12 PST BERKELEY -- In a rare display of harmony, prosecution and defense lawyers urged the state Supreme Court on Tuesday to save California's medical marijuana identification card program from a flaw in the legislation that created it.

Both Deputy Attorney General Michael Johnsen and Gerald Uelmen, the lawyer for a man challenging his marijuana conviction, agreed that a state appeals court went too far last year when it ruled that the 2003 law protecting card-holding pot patients from arrest clashed with California law allowing medical use of marijuana.

Proposition 215, which voters approved in 1996, allows patients with doctors' approval to possess an amount of marijuana reasonable for their medical use. The 2003 law set limits of 8 ounces of dried marijuana, or six mature or 12 immature plants, and allows patients who comply with those standards to carry county-issued identification cards.

The case reached the courts after police found seven marijuana plants and 12 ounces of marijuana in Patrick Kelly's home in Los Angeles County. A prosecutor argued that Kelly had exceeded the limits of the 2003 law, and he was convicted of illegal possession and cultivation and sentenced to two days in jail.

In a May 2008 ruling, the Second District Court of Appeal overturned Kelly's convictions and said the limits that the Legislature set in 2003 were an unconstitutional amendment of Prop. 215. The initiative contained no such limits.

The court said defendants who possessed greater amounts of marijuana could still try to persuade a jury that they had only what they needed for medical use. Neither side disputed that in Tuesday's Supreme Court hearing at the UC Berkeley law school.

Read more: State, defense lawyers try to save pot IDs
]]> Legal Issues intangible child http://www.marijuana.com/legal-issues/133279-state-defense-lawyers-try-save-pot-ids.html http://www.marijuana.com/legal-issues/133247-public-security.html Wed, 04 Nov 2009 02:41:20 GMT Few days ago i was sitting in a park bench with a friend i pull out my case to get a cigarette and it had a gram of hash in it and i didn't notice but the pubic security pulled up across the street he said he saw me take out my case and he had the right right to search me. i was really high at the time so i was trying not to laugh. he said he would give me a warnning. i think thats bull crap he had no right to search me cause i had a candy case on me. I mean what would make him think it had drugs in it... ]]> Legal Issues Nick360 http://www.marijuana.com/legal-issues/133247-public-security.html http://www.marijuana.com/legal-issues/133245-police-caught-us-hotboxing.html Wed, 04 Nov 2009 02:17:44 GMT so today me and my 4 buds drove to our normal spot to smoke two bowls and hotbox

well right after we finished our 2nd bowl a cop comes driving down the street with no headlights hoping we won't see him. my friend immediately starts driving and we pass the cop.

the cop does a u turn and switches on his lights after which we pull over

he comes up to the car and greets us with a "HoWdY" and my friend tells him while there was smoke pluming out in the cops face that we were just eating halloween candy. well he keeps asking us what we were doing and we see another cop coming.

the cop says "just tell me what you were doing and we won't bust your balls" and right then my friend told him we smoked and the cop immediately waves the other cop off and he speeds away all fast.

after that he gave my friend his license back and he gave us his card and told us to go park "over there" and "air out the car" because the car was in my friends dads name. ]]> Legal Issues arson5891 http://www.marijuana.com/legal-issues/133245-police-caught-us-hotboxing.html http://www.marijuana.com/legal-issues/133166-guide-dealing-police.html Tue, 03 Nov 2009 01:56:47 GMT I didn't write this but its very helpful and decided to share.

TYPES OF POLICE ENCOUNTERS:

Friendly Conversation or Otherwise Consensual, Casual Encounters
A law enforcement officer could at any time initiate a casual conversation with you. This could be in the form of a "Hi. How are you doing today? What are you up to?" or "Hey where you headed buddy?" or "Nice weather today huh?" etc. Definitively, a casual encounter is any time you speak to police with the freedom to terminate the encounter at your leisure. When engaged in a casual encounter you are not obligated to speak to the officer at all. You may refuse to provide a name or even refuse to open your mouth altogether. In most casual encounters it is wholly uneccesary to be this tight-lipped unless you have reason to believe that providing them with information could be detrimental to your freedom (ie you have high priority warrants or are on a name basis with cops as a wanted fugitive, etc). At any point in conversation you may leave without another word. If you are unsure of what type of situation you are in ask, "Am I free to go or are you detaining me?" If the officer does not have reasonable suspicion of criminal activity he cannot prevent you from leaving. The odor of marijuana does in fact constitute reasonable suspicion and probable cause if and only if the officer is trained in determing the length of time a residual odor of marijuana has been present.

Detainment
If a LEO has reasonable suspicion that you have, are engaged in, or are about to engage in criminal activity they may detain you. A hunch does not constitue said suspicion and specific, articulable facts must be observed. This encounter is commonly known as a Terry stop based on the Supreme Court ruling in Terry v. Ohio. During detainment a LEO will ask you to identify yourself. In most cases you are required to do so and a verbal statement of your name suffices to satisfy the Stop and Identify statute. While refusing to provide a name does not constitue probable cause for a search or arrest it can constitute a crime in and of itself which could get you arrested anyway. Unless you have previously confirmed knowledge of a local statute that allows you to legally refuse, provide your name when requested. The 5th and 6th amendments allow you to refuse all other questions when not in the presence of an attorney. Pursuant to detainment, LEOs have the right to frisk your outer garments from head to toe for weapons, but not for drugs or paraphernalia. Detainment must be brief according to Terry v. Ohio so after a time ask, "Am I free to leave?"

Arrest
A LEO must have probable cause to believe that you have committed a crime to arrest you. Under arrest LEOs are legally entitled to a warrantless search of you, anything you're carrying and your immediate surroundings. An arresting officer is required to inform you of your Miranda rights, namely the right to remain silent, the right to have an attorney present and provided at the state's expense, and that anything you say is admissible in court. If you are not read your rights nothing you say is admissible as evidence. Biographical booking information is exempt from Miranda protection and must be offered subsequent to arrest. Keep your mouth shut and call an attorney.

LEO INTERACTION GUIDE WHEN YOU ARE...

On Foot
If ever you encounter a LEO on foot while you are minding your own business, you are not required by any statute to even entertain their presence. If they say anything to you, you are not required to respond in any fashion. Minding your own business assumes that you are not creating reasonable suspicion of a crime.

Items or behaviors that could constitue suspicion, alone or collectively:
(Not All-Inclusive)

- Odor of marijuana localized to the person or belongings
- Disorderly Conduct
- Visible Inebriation (Swerving, Heavily slurred speech, etc.)
- Paraphernalia or illegal contraband in sight
- Presence in public park or private (w/o permission) after hours
- Excessive Noise
- Evasive Conduct
- Rapid concealment of items
- Visible bulge at the waist or hand gesture to check for weapon
- Breaking curfew (if underage)

LEOs may not take kindly to being ignored so use your best judgment to exit the situation as quickly as possible without evading. Don't forget, "Excuse me sir. Am I free to leave?" There is no law requiring you to carry identification on foot so you are also not required to provide it in a casual encounter. Be polite, respectful and calm and you will likely be left alone.

If asked, do not consent to any search. Refusing a search is protected by the 4th Amendment. As a rule, if a LEO has to ask, they do not have a warrant or probable cause to search you or your possessions. That being said, keep any illegal paraphernalia or contraband out of sight as police do not need a warrant or cause to seize illegal items that are in plain view. Also, do not attempt to destroy evidence. This would constitue an exigent circumstance under which a LEO could conduct a warrantless search. As always, don't answer any questions without an attorney present unless you are fully aware of your innocence and of sound mind to navigate the conversation without incrimination.

Behind the Wheel
(See page 4 for an in-depth guide to smoking in your car)
The requirements while driving are quite a bit different than what is required of pedestrians. To pull you over, a LEO must have reasonable suspicion as defined under Terry or you must have committed a traffic violation. You must provide a state-issued Driver's License, vehicle registration and proof of insurance. You are not required to answer any other questions, but to a point, cooperation can make for a friendlier encounter. Use judgement in determining which questions may harmlessly appease the cop and which may serve to incriminate you. Do not confess to any wrongdoing. You may be asked to step out of your vehicle by the LEO. Refusal is not an option but ask, "Am I free to leave?" to ensure that you are actually being detained.

Here is an outline of appropriate behavior following a traffic stop:
1. Make no visible attempts to conceal evidence unless you can do so surreptitiously (w/o being noticed).
2. Pull over fully providing the officer with enough room to safely approach the vehicle. Turn off the car but leave the ignition set to accesory as to allow raising of the windows.
3. Do not reach for license or registration until told to do so. Do not store anything illegal near or with your license or registration. Turn down music.
4. Roll up all windows leaving the driver window open only enough to permit conversation.
5. Do not answer any questions, especially incriminating ones, except to invoke your 4th, 5th and 6th Amendment rights.
6. If asked to step out of the vehicle roll up your window and lock the door on the way out. Pocket your keys.
7. Remain calm and never physically resist.
8. Do not consent to any searches and do not confess to any wrongdoing.
9. Ask if you are free to leave.

LEOs with few options left to bust you will often threaten to bring in the K-9 unit. Do not fear these claims. If you are not being detained you are free to leave long before any K-9 unit could get to the scene. If you are being detained still refuse to consent to the search.

A Passenger
The law is a little vague in regards to what is required of passengers in motor vehicles. To be safe and avoid further harassment, provide only a verbal statement of your name if asked. You are not required to carry ID so do not provide any. Refuse to answer any other questions and verbally invoke your 6th amendment right to an attorney before questioning in a polite and respectful manner. If not addressed by the LEO, keep your mouth shut and your hands still. It is important to note that in many states the arrest of a passenger gives a LEO the right to search the areas of the vehicle that are or were immediately available to the passenger, including the glovebox for front seat passengers.

In Your Residence
Your residence is the area most well protected from search and seizure under the 4th Amendment. If a LEO knocks at your door ask from a nearby window how you may be of assistance to the officer. Do not leave your property during the encounter. It provides you with many protections. If no window is present, step outside to speak to the officer and close the door behind you. Be sure to conceal anything illegal before opening the door. The plain sight rule always applies. A LEO is not permitted to enter your home without a warrant unless there are exigent circumstances (evidence of risk of physical harm to occupants, etc.) Remain calm and respectfully invoke your 4th Amendment rights against search if the officer requests to enter. Be as cooperative as necessary without incrimination. If the officer asks you to simply quiet down agree to do so. Do not confess to any wrongdoing. Do not fear a threat of a warrant if one is not present. Warrants require probable cause and if you've followed these guidelines you shouldn't have provided them with any.

IN THE EVENT OF A LEGAL SEARCH WITH WARRANT:
1. Do not consent to the search but do not resist. There is always the possibility that the warrant is invalid but if you consent they don't need it anyway.
2. Do not provide assistance in locating anything. They cannot use this against you and there is always the possibility that they will not find anything they are looking for. (A warrant was served on my dorm and the cops left me a bowl in my backpack.)
3. Shut up.
4. Call an attorney.

IN REGARDS TO SNITCHING:
1. In most cases it won't help.
2. If you're not yet awake and you haven't smelled the coffee... We are living in a police state. Look at Professor Gates' case, look at the EMT who got pulled over and assualted by two Oklahoma state troopers, look at Shem Walker who got shot and killed by an undercover cop who was sitting on his stoop and refused to leave when instructed because he was wearing headphones and listening to a buy bust operation, look at David Mayo who was convicted after the cops secured a search warrant to his home based on a purchase invoice for grow lights that the cops never even had and never showed to the warrant-granting judge... the list goes on and on.

I hate that we have to be adversaries of those who we pay to protect and serve but that's the way it is. Our founding fathers formed the constitution to prohibit federal police but now we have the FBI, DEA, ATF, and Secret Service. We've slowly allowed police forces to take control of our rights and we haven't put in the proper checks and balances to keep them from becoming a bureaucratic, tyrannical force wrought with corruption. It is our supreme duty as citizens to stand up for our rights and the rights of others who police wish to destroy. Even dangerous drug dealers have rights and if they have theirs trampled its one step closer to complete loss of rights for all.

ITEMS TO KEEP ON YOUR PERSON TO AVOID CREATING REASONABLE SUSPICION:
- Rhoto V eyedrops (They work the best. Do not use as a LEO approaches you.)
- Febreze, Cologne or some form of odor neutralizer (Apply lightly and in advance of an LEO encounter.)
- Backpack (To conceal any item too large for your pockets.)

LOCATIONS WHERE ENTRANCE CONSTITUTES PROBABLE CAUSE TO SEARCH:
- Airports
- International Borders
- Concerts
- Sports Arenas
- Private Property ]]> Legal Issues 024 http://www.marijuana.com/legal-issues/133166-guide-dealing-police.html http://www.marijuana.com/legal-issues/133079-uk-law.html Sun, 01 Nov 2009 21:22:01 GMT Hi I'm a bit of a newbie and I've seen quite a few posts on US marijuana law but haven't been able to find much about the UK; e.g. what happens if you get caught generally, search and seizure info, what your rights are.

If someone could post this info or direct me to a thread that would be great :D

peace out ]]> Legal Issues lj106 http://www.marijuana.com/legal-issues/133079-uk-law.html