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Squigly420

Yes another one...

Ok so here is the scenario, I just went to my local headshop and picked up a glass pipe, which we all know is for the purpose of smoking tobacco and legal supposedly. Now I take the pipe home and set it on my coffee table, I haven't done anything to it, its still in the same condition it was when I bought it. Now a cop shows up at my door for some unrelated reason (not a marijuana offense) maybe he's asking me if I saw a crime happen across the street it doesn't matter. He spies the pipe on my coffee table, when he asks I say its for tobbacco or that its a gift or something. Does this give him probable cause for searching my home?

Thanks in response for the answers

Squigly

 

OverDrive

Where I live, "probable cause" applies only to yourself and to your vehicle. The police still require a warrent to search your home, unless you let them enter with your permission.

Seeing a bong on the table probably isn't enough for the cop to get really suspicious of you... if he doesn't smell any, or see any lying around in plain view and you don't look or act stonned, the police officer will probably leave you alone.

Niteshift

Given the situation, as you explained it, I'd say that wouldn't be probable cause, nor would it qualify as plain view.

mirage

yea but proable cause for a car is almost anything a cop wants. they can pull you over for a legit reason then just say can i search your car even though there is no reason to ask. AND if you say NO the cop gets all pissy and like WHAT ARE U HIDDING.

i hate that they asume your guilty, god forbid seacrhing the car is a waste of my time, and if i say no they think you have stuff an keep pushing till they can.

so what happens when you say no to a search, niteshift. what can a cop do besides to presure teh search. im not sayin all cops do this but some do

once i say no you cant search my right to say that. what then, can i leave at that point. etc

Squigly420

ok great thanks for the replies guys...

So what if this were to take place in a car instead? The cop pulls me over for speeding sees the unused pipe sitting on the seat next to me, does this give him the right to search my car?

Squigly

 

OverDrive

The police officer would probably ask you a few questions about it, and he could ask to take a look at it. But, if there's no evidence in plain view (a bag, you having red eyes, a smell) the cop most likely won't do anything.

CheebaKing

I bet they could get you for drug paraphenalia if your underage. I don't think the "tobacco use only" rule applies to minors but i'm not sure.

DMBand_Pothead

They can't give you drug para if it is totally unused. If you are a minor, they will probably give you an MIP for tobacco ****. Cops are dumb. I got pulled over once and said they couldn't search my car, and the cop did get pissy. He said, "So you thnk you know all about the Consitution and your rights, huh?" I told him I know my rights and he said I can go but I better watch out.

Niteshift

mirage:

"so what happens when you say no to a search, niteshift. what can a cop do besides to presure teh search."

There are 2 things I need for your consent to be valid. #1, you were not coerced, so your consent was given out of choice, not by force. #2, that you were free to leave.

If either of those 2 things are not present, you stand a good chance at having a consent search supressed. HOWEVER, just saying "I was scared" doesn't usually convince the courts. You have to show through clear, competent evidence, that you were coerced. Also, coercion is tricky and what you think is coercion may not convince the court.

Personally, I prefer PC over consent searches, but if they say no, game over. No means no to me.

"can i leave at that point. etc"

I'd ask that question in a clear, unambiguous manner. They may know something you don't (like your license is suspended or something), so ask first, but make it clear.

Squigly:

Like the others said, if you're under 18, you're probably hosed.

Also, the officer may be able to inspect the pipe for residue etc.

DMB:

"Cops are dumb"

Your stereotype, like most stereoypes, is wrong.

Squigly420

I'm not, actually 21 but this question has been one that has bothered me for a while, thanks for the quick responses.

Squigly