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Old 07-16-2004, 04:40 AM   #1
bogaN
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Default probable cause?

my friends and i were driving home from the park today, and on the way we were pulled over. The driver of our car was asked for his liscence and stuff and didnt have it on him. the cop then asked him to get out of the car and the driver asked him for what he is getting out for and for what we are getting pulled over for. The cop responds "i will tell you later." Now after everybody in the car is pulled out one by one and searched we start to refuse the search. I told the officer that he had no cause to search me and he said he was going to search me anyway. After finding my friends pipe in his pocket, they told us to sit on the curb while they look through the car. We refused that and they then told us that we were pulled over for the passenger not wearing his seatbelt, and we were searched because the car smelled like marijuana. Though we had not even smoked in or near the car, and there was no pot in the car. They then asked us if we had anything else that we could give up now and get off punishment a bit. We told them aout my bag in the back that had my bong in it. They finished searching the car wrote up our tickets and we went home. Now my question is, how can a car smell like pot if the only thing in the car that could smell is in a duffel bag wrapped up, and nobody had smoked in the car? I believe my rights were violated and I want to appeal my ticket. PLEASE HELP ME!
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Old 07-16-2004, 05:24 AM   #2
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If it happened like you say (as in you refused before being searched), your rights were violated.

Good luck challenging it though. Who's the judge going to believe, you, who were in possession of weed and a bong, or an upstanding police officer. Unless the cop has been known to violate peoples' rights in the past, you're done.

Besides the first cop who pulled you over manufacturing the initial PC to start searching you, the cops did everything fine. They don't have to tell you why they're searching, or anything else really.
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Old 07-16-2004, 03:20 PM   #3
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This didn't happen to occur in Northvale, did it?

And you volenteered your bong?!?! Lieing cops...
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Old 07-16-2004, 03:26 PM   #4
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i was told by the cop while he was at the door of the car that if there was anything in the car that we could tell him now and receive less punishment, they would have found it anyway, it was a 1 1/2 footer (nooooo my bong!)
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Old 07-16-2004, 10:24 PM   #5
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Quote:
Originally Posted by bogaN
i was told by the cop while he was at the door of the car that if there was anything in the car that we could tell him now and receive less punishment, they would have found it anyway, it was a 1 1/2 footer (nooooo my bong!)
I'm really confused now. Did you voluntarily let the cops search or not?
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Old 07-16-2004, 10:47 PM   #6
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Quote:
They then asked us if we had anything else that we could give up now and get off punishment a bit. We told them about my bag in the back that had my bong in it
You consented.
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Old 07-17-2004, 01:53 AM   #7
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i wouldnt say i consented, we were handcuffed on sitting on the curb while they started to search the car, at no point did we tell them they could search the car or us. we were just told what to do.
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Old 07-17-2004, 01:56 AM   #8
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You said you told them there was a bong in your car right?
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Old 07-17-2004, 04:49 AM   #9
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I swear…. The only reason that the seat belt law was invented was to give cops a reason to pull over furthermore search people that the police consider suspicious.
Depending on what state/country you live in in addition to your priors (If any) you will more then likely get community service or the case will be dismissed. The cop was probably hoping that he would find something other then pipes/marijuana in your car – such as a gun and off topic drugs when they only found herb/bong the cop knew he wouldn’t get a big “Score” so he left you free. I am suppressed the cop wrote you a summons they usually do not like wasting their time as well as the judges time in court for such petty nonsense.
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Old 07-17-2004, 10:42 AM   #10
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if at any point you consent, you consent to everything...

good luck gettin off on that one
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