Slate

SlightyStoopid,
Obviously my first suggestion is that you not put yourself into that position by not being in posession of MJ. That would solve everything the easy way.

As for your question about what to say/do if you are in possession of MJ and stopped. I really can't answer that. Not because I don't want to give any secrets away, but rather because every sitution is different, just as every LEO is different.

If you (or anyone else) is stopped by LE, I would suggest that you take into account the circumstances at hand. What you are in violation of, the demanor of the LEO, the purpose of the contact..etc..etc....and don't jump to conclusions about the purpose of the contact.

My personal theory; I have never arrested anyone who didn't ask to be arrested. But then again respect and courtesy goes a long way with me and I know that doesn't hold true for all LEO's (or people in general for the matter).

RIP JMorrison

I don't get this at all.

First you need a warrent to search us. But you can pat us for weapons. And if you find or feel marijuana depending on your expertise you can search us!?

In my mind it's like just throwing the need to have a warrent right out the window.

As for honesty being the best policy, what a hock of bull feces. I doubt saying straight out to a cop that you have marijuana on you if he asks will get you off easier. Maybe on like something less than 5 grams. But I would rather take my chances of lying to him then just taking a chance that he is going to let me off.

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9-11-01

Slightly Stoopid

What they need to do is lessen the penalty to a fin of under 1k, that way i would be straight to a cop! The only reason i would lie is to keep my ass out of PRISON!

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Slightly Stoopid
"Before you knock it, try it first. You will learn that it is a blessing and not a curse"
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suede

I was seen turning up a budlight ,as I passed two sheriffs deputies.I saw them pull out behind me,so I pulled over immediately.got out my license and held it in plain view.One officer up to the window,the other behind passenger side door.After taking my license I was asked to get out and walk to the back of my vehicle.Iwas asked then if I had any weapons or pot.They were a K-9 unit so it wouldn't have done much good to lie.I started mentioning the pint of rum on the seat(unopened)and the litre of Kahlua(still sealed)when the 2nd.officer came to the back.Thinking he had already found the chamber pipe on the seat next to the liquor,I said "Oh yeh and a pipe I just bought from some drifter down the road,said he found it and needed 5 bucks for some food.The officer went back and got the pipe ,managed to get it open,and by God I was telling the truth,cause the chamber had hundreds of little tiny pissants in it .He threw it in the ditch!
Then the officer made me promise to go home and not to stop anywhere till I got there,And you know I didJust another one of many "real life stories" by:B.suede

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shadefoot

QUOTE: "Obviously my first suggestion is that you not put yourself into that position by not being in posession of MJ. That would solve everything the easy way." end quote.

Ah, Slade, the easy way? While I cannot disagree with this advice, I cannot help but think it falls on deaf ears. But hey, thanks for participating on this board anyway; I don't have the balls to approach a LEO in real life. I think your advice on not planning responses is very good. Anyway, on with the Q's.

I've heard that if a person is in possession of "The Product" in an automobile, it is better to have it on their person than in the car so that the car cannot be seized. Is this true? It seems that if the product is on my person, and I'm in my car, you'll seize the car if you feel like it. And it seems more logical to keep it in the car and not on my person just in case you ask me to get out and pat me down but don't search my car. Do you concur? Sorry this is rather general, specifics can be imagined upon request.

My next question results from this scenario:
LEO: "Do you mind if I search your vehicle?"
Me: "Yes, sir, I do mind."
LEO: "Why?"
I think it would be stupid if my next line was:
Me: "I'm gonna take the 5th"

It seems like this will 1) raise the LEO's suspicions; 2) make me come off as a punk; 3) not apply because I'm not under arrest. So what can I say? Is it just best to plead that I'm busy and just don't have time? But really it seems like there is no answer to the LEO's question. Am I right?

A third question is how you respond to someone exercising her/his rights. If I assert my rights very politely, that probably comes off better than if the first thing out of my mouth to you is "I know my rights." But if I say, "I'm going to remain silent," in response to a question you ask, how do you take that? Like if you say, "Do you have anything you're not supposed to?" And I say, "I'm going to remain silent," doesn't that pretty much answer your question?

Finally, I haven't been pulled over in years, but as far as I remember, I've never been asked about drugs either on my person or in my veh. I am always asked if there is any alcohol in the vehicle. Why haven't I been asked about narcotics or other drugs? Just lucky?

Oh, just thought of one more. If you ask if I have any narcotics, and I say "no," and you find MJ, any chance of me pleading that MJ isn't really a narcotic? I'm thinking that because the law classifies MJ as a narc (no matter how wrong that seems) I am in possession of narcotics when I possess MJ. Si?

Thanks Slade and Niteshift for yo time.

Slate

Rip,
To keep this short, see the thread titled "Searches" for more info on that. As for honesty being BS, well that's why I said "take into account the circumstances at hand." Since you will be there and I won't, you have to make that determination.

shadefoot,
Answer to Q#1. No it's not true. In order for the vehicle to be seized you have got to be carrying over 10lbs of dry MJ to start with. The vehicle can be impounded, but thats different.

Answer to Q#2. When talking about the 5th I was eluding to the amendment itslef and not really suggesting you cite case law.

Answer to Q#3. If you feel the need to engage in a battle of the legalities with a LEO, make sure you know what you are talking about. Know the presiding case law and the facts you want to argue, otherwise I would steer clear of testing most LEO's knowledge of law. If you do know the case law, I'm sure you'll know within the first 5 seconds if you can reason with the LEO.

A to Q#4. It depends on the area that you frequent, the current objective(s) of your local PD, your demeanor and physical apperance at the time of the stop...etc..etc

A to Q#5. Actually MJ is classified by the penal code as a controlled substance (schedule I), and therefore it is illegal to possess.

Niteshift

I'd just like to clarify a thing or two.

"In order for the vehicle to be seized you have got to be carrying over 10lbs of dry MJ to start with."

This may be true in Slate's area, but it is not true in all areas. Please keep in mind that both of us answer primarily from our own areas and our answers are based on the laws (including Federal) that we deal with. Every answer may not apply to your area.

"If you feel the need to engage in a battle of the legalities with a LEO, make sure you know what you are talking about. Know the presiding case law and the facts you want to argue, otherwise I would steer clear of testing most LEO's knowledge of law. "

Not bad advice, but I'd advise different. Don't argue case law at all. You really won't win the roadside argument. Case law should be argued in a courtroom, not at roadside. Besides, the officer doesn't have to know or cite specific case law, as long as he knows the principal involved.

Shadefoot:

"If I assert my rights very politely, that probably comes off better than if the first thing out of my mouth to you is "I know my rights."

You are correct.

If the moderators would ever allow it, I'm sure we could come up with a list of things to NOT say to the cops (You'll hear from my attorney is one).

"Like if you say, "Do you have anything you're not supposed to?" And I say, "I'm going to remain silent," doesn't that pretty much answer your question? "

Yes, it pretty much does. If you specify the 5th, then it really does, since the 5th Amendment applies to self-incrimination..........you can't incriminate yourself if you aren't doing something against the law........

"Why haven't I been asked about narcotics or other drugs? Just lucky?"

Like Slate said, locality is often the answer. I live in a state where it is perfectly legal to carry a loaded pistol in the car (with certain conditions) without a permit. I usually ask if there are any firearms in the car.

"If you ask if I have any narcotics, and I say "no," and you find MJ, any chance of me pleading that MJ isn't really a narcotic?"

I don't say narcotics. I usually use "drugs or other contraband", since contraband include any item against the law.

biggie

I just wanted to comment about having small amounts of mj. Some people have posted that only posessing say 2 grams or less is not going to get you a busted by some L.E.O.'s. This may be true, but it wasn't in my case. I was stopped about a year ago and searched(not sure why, I think he said that my eye's were glossy) He then found a roach in a baggie in my pocket. This was a very small amount of mj, I would guess 1/2 a gram at the most, less most likely. I was then charged with possession of mj, it was a bummer

btw, some people might find this humorous, especially the L.E.O's, I thought so at least. My dugout and onie were in the same pocket as the bag with the roach, but the officer DIDN'T find it during the search!!! Now mabye I'm wrong, but that blew my mind. He also went on to search my entire car, but never managed to get my dugout that was in the same pocket. I actually drove a way a little happy thinking "well damn, I should have just gotten a paraphenelia charge as well." guess my dugout is a lucky little bugger

peace

Megaweapon

My question is, How does a simple traffic stop (Tail light out, No Light on liscense plate) turn into an inquery of personal belongings. When a cop asks me "Do you have anything I should know about in the car" my response is no because personally I dont think he should know about anything because they are my belongings. I can understand asking the same question if someones doing 90 and cant stay in his own lane but it aggravates me when a cop detains me and gives me the spanish inquisition all over a bum tail light, its like the cops are searching for more reasons to waste my time.

And niteshift, if you made a list like you said that would be totally cool.... would "Have another donut, piggy" be on there

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