Marijuana.com

fight4rights

Thanks again for your help Nightshift. I just noticed that i accidently put down Nightwatch in the title (I was referring to you.) I guess I have been doing a little too much .

Anyway i was wondering, what is your interest in posting here? Are you for marijuana legalization? Do you just want to help? Get your side of the story heard? I am sure that you have posted answers to similar questions before, so if you don't feel like answering them again I understand. Could you give me a link to a thread that you have already answered these types of question?

By the way I like your signature.

__________________
"Those who do no harm to others should not be harmed by others..." Ethan Nadelmann
"Revolution is not a right, it is an obligation." John Locke
"Do SOMETHING besides argue emotions against the law, because it simply isn't a rational way to affect any type of change whatsoever. No offense intended, but your opinion on things is a moot point unless you take actions to change the law, rather than ramble about how unfair or injust it is." troublemaker_42
"'Just say no' to drugs, except those marketed by big pharmaceutical companies." Ignorant Politicians

 

medizone

Nightshift--What you have said makes sense. I'm a little confused about one thing though. At what point should you stop answering questions and clam up? If the officer obviously hasn't had a very good day (or whatever other reason) and is basically harrassing you, would that be a good time to just stop talking? I realize that the answer to this question probably varies from situation to situation, but any help you could give me would be appreciated.

Niteshift

I am sure that you have posted answers to similar questions before, so if you don't feel like answering them again I understand. Could you give me a link to a thread that you have already answered these types of question?

http://www.marijuana.com/420/showthread.php?t=10332


At what point should you stop answering questions and clam up? If the officer obviously hasn't had a very good day (or whatever other reason) and is basically harrassing you, would that be a good time to just stop talking? I realize that the answer to this question probably varies from situation to situation, but any help you could give me would be appreciated.

You're right, it is very situational and tough to answer.

Generally speaking, if you feel the question is directly incriminating, then ask if you are being detained and if you are required to answer. If the cop tells you that you are and is wrong, that can be sorted out later at a suppression hearing.

If you think the questions are just driven by personal reasons or bias, again ask if you are free to go.

Few guys will mind a polite question, even if it's an answer you don't like.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

scrumptious666

I just joined today, so please excuse my ignorance. I wanted to know what rights I have if I am stopped by a K-9 unit. Am I just going to be done for if I have something on me when they stop me? Is there anything that I can do to prevent being pulled over? Have I crossed some line by wanting to know this because I have more specific questions that I want to ask? Thank You!

Scrumptious666

BartSimpson

Scrumptious666, welcome.

You will find the answer to this question, and many others by using the search function - so give it a try. If you hang here a week, you will see that many questions are asked repeatedly and therefore a waste of bandwidth to answer repeatedly. Take a look at K9copper's posts.

Three factors seem to always be present when you read the Busted stories here: first, some behavior that brings police attention upon you; second, MJ in a vehicle; and third, an attitude often associated with youthful ideology. How do you avoid this? Drive like your grandmother, leave the stash at home unless you absolutely must carry it and treat an officer with respect and honesty - you will likely find they will return the respect and, well read the Niteshift thread and see how the world of law enforcement officers think. He is very representative of typical officers across the country.

 

troublemaker_42

I couldn't agree more. the key to not getting busted is simply to not draw any undue attention to yourself. After all, something has to grab the officer's attention before any contact is made. I do what I can to just "blend in" whereever I go. I don't give the law enforecement community any reason to be concrned about me. I dress nicely, keep my hair short, drive an "average" pickup truck free of bumper stickers, and if I still find myself being pulled over, I do what I can to put the officer at ease....no sudden movements, no "bad attitude" and no attempts at being a roadside attorney. Its amazing what a calm demeanor and pleasant attitude can do in your favor. i'm not saying my methods will work for everyone, and I do realize that appearence shouldn't be grounds for more attention. That being said, who do you think the officer would pull over first....me, or a Volkswagon van full of "Hippie" looking people with Greatful Dead and "Legalize It" stickers covering the rear of the van that driving 5 mph over the speed limit?

ke1n

Yeah nightshift, I appreciate your contirbution, and hopefully you are one ofthose cops who like to be fair when interacting with citizens.

phuzz01

Troublemaker, you just said it all right there.

scrumptious666

Thank you very much for replying to my message! I took your advice, and before Memorial Day weekend I safely made it to my destination (weed included)! Although I went a step further and stashed it in one of my cavities (yes, I am female), I just wonder was it necessary. Thanks for your response though! I guess I get paranoid sometimes because lately I have seen and driven next to so many K-9 units when I didn't have anything on me, I just wanted to be prepared for when I did have something. Thanks!

Mamabudz

And so it is.

The Florida Cannabis Action Committee provides this information on their website. Some of the information is specific to Florida but the general information applies to the entire USA.

Remeber that when a Law Enforcement Officer intervenes in your life in ANY way that there is ALWAYS the possibility for an arrest or "detainment"

KNOW YOUR RIGHTS!

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Below are several tips which will help to keep you from being arrested, as well as to create a defense should you be arrested.


Before You Are Arrested

Know your rights:
In Florida, Less than 20 grams is a misdemeanor possession, over 20 grams is a Felony (see Florida Cannabis Laws)

If a police officer tells you he/she "smells something" the correct response is "I don't smell anything" any acknowledgment of smell constitutes probable cause.

You are not required to answer questions beyond your name, address, and proper paperwork (i.e. registration, insurance).

The less you say, the less they will be able to use against you. Police are trained to testify. Even before the Miranda Warning is read, they are noting your responses.

When they say "it won't be used against you", that is a lie, they can use any statement to force a plea or impeach you during trial. The less said the better.

Do not consent to a search! The only statement to make if an officer asks to search your vehicle or person is "no, you may not search". They are then forced to bring out dogs and supervisors and lots of paperwork. Most cops will write the ticket and go at this point.

This tactic might fail, everything in the law is practice ( I am sure you have heard that all lawyers are practicing). Keep in mind that you do not have to wait for a dog to arrive, if the officer has finished checking your background issued a citation or warning and has returned your license you are free to leave. There is existing case law on this issue in the Courts now. The most recent Dog Search case (which can be found on our front page) was found in favor of the stoner.)

Most cops don't know your rights. If you do and you keep repeating them, a good lawyer will force the police to impeach themselves on your words. Have your script and stick to it, this is a war declared not by us but on us.

Name Rank and serial number. Always remember to get these from any officer you speak to.


When You Are Arrested

Have A Plan:
If you use, possess or sell drugs, you are a target, if you are a black man, yellow man, punk rocker, hippie, have short hair, or long hair... We are all targets in the insanity.

Make a plan, who would you call, who has bail, how much, collateral available, Who calls your work, your Mom, your kids, your friends?

If you deal with pot, buy or sell, how will you warn your friends without endangering them. A code word, candle in the window, smoke signals?

Once you are arrested. Clam up!! Clam up!! Don't talk. (get it) Cell mates are not your friends (we've all seen television shows or movies where cell mates end up testifying to reduce their own sentence), the telephone is being recorded. Make your one phone call count and wait for your plan to take action.


After You Are Arrested
Arraignments:
Ask for a public defender unless you are filthy rich. Being indigent allows you free council, free transcripts and free witnesses (like the dog expert about that bad canine search). It is also a drain of recourses on an already overburdened system. Ask for a reduction in bond citing your overwhelming willingness to face the false charges.

Remember family in community, job, church, apartment what ever ties you locally, make you that much less of a flight risk.

If Bail Bondsman posts bond:
Immediately upon your release, write your story (statement) and send it to three people, FL CAN, a trusted friend or attorney and yourself. Don't open the one you send yourself, it is postmarked and that is a sign the story remained the same.

Things to include: Date, time, place, conditions of road or location Witnesses names and contact information Names of every officer you saw or spoke to in the time since your first encounter, including guards, nurses everyone.

Remember Law enforcement are trained to testify against you. Detail everything you can remember about the encounter that led to the arrest. Ask all witnesses to do the same. Don't coach them, they are not expert witnesses and not expected to remember every detail the same as you do. Originality is good under these circumstances.

Find an Attorney:

FL CAN offers trial support at a local level and works closely to help clients achieve better results. When looking for your attorney if you do not qualify for a public defender, shop around. Have a fourth copy of the statement and already know what you want an attorney to do. (NOTE www.NORML.org has a list of attorneys familar with State & Federal Cannabis laws for each state and district. Caught on Indian territory, a US Postal Office, Federal Park, Washington DC are all Federal Jurisdiction!)

If you have spoken to a CAN intake person, you already know what the best and worse case scenario is, hire someone qualified to do the work You want done. When trusting your life to this attorney, make sure you don't just hire the first one, no matter how well recommended they are.

What is good for aunt Sallie's friend is not necessarily good for you. Time is on your side. Taking time to choose an attorney, look up the statutes and participate intelligently in your own defense; it is always the way to go.


Have someone contact Florida CAN at 321-726-6656 or 321-253-3673 or legal@flcan.org and talk to an intake specialist, call before the bust to get educated and after the bust to get help and understanding...
Remember "Just Say Know!"