The GCW

Do not ever ever let an officer of the law into your home when they request such.

Do not ever ever give permission for an officer to enter your auto.

They are not auto mechanics or plumbers; they are out making cannabis arrests, which is a great harm to society.

They have ruined many lives, simply by politely requesting permission to enter. No No NO No!

Calculate that this situation WILL come up. Talk about it w/ your friends, roommates, guests, and anybody even in casual conversation!

JUST TODAY, a friend told me of a bust that occurred 'cause there was a separate infraction that occurred and they arrested the person involved, then an officer requested permission to enter the residence and then BAMMMMMM!

The kind officer then became the devil of our species in its insatiable appetite for cageables and income and they took their stash.

Protect your rights by not letting police into your personal property w/o a search warrant!!!!&! EVER!

Niteshift

"Protect your rights by not letting police into your personal property w/o a search warrant!!!!&! EVER!"

That part of your advice is misleading.

For example, I can legally search your car without a warrant and without your permission if I have probable cause. If you hinder me from doing so, you will simply get charged with an additional crime.

Making blanket statements when talking about search and seizure law is usually a slippery slope.

The GCW

Do not ever ever give permission for an officer to enter your auto, when they request such.

Being at marijuana.com is a less slippery slope.

"If you hinder me from doing so, you will simply get charged with an additional crime". Niteshift.

Hinderfree, sir. You have already felt hindered, yet you are simply not given permission, sir. Please, sir, stay out of my car. If you have probable cause, you're the all powerful.

Murder, rape, robbery, battery, etc. was not mentioned either. If while I try to rob you while your wishing to search my vehicle, would you also charge me w/ an additional crime. Get it?

Your being too technical, officer. I do not and did not condone disobeying a police order.

Added: when they request such.

Niteshift

I saw the part about not giving permission and would not have commented at all (since that is fair advice) if you had not followed that by saying:

"Protect your rights by not letting police into your personal property w/o a search warrant!!!!&! EVER!"

That is the statement I was referring to, which is why I quoted it. That advice is wrong.

"Being at marijuana.com is a less slippery slope. "

Perhaps for you, but why are you helping someone who reads incorrect advice get themselves into trouble.

"Murder, rape, robbery, battery, etc. was not mentioned either. If while I try to rob you while your wishing to search my vehicle, would you also charge me w/ an additional crime. Get it? "

But you DID state, don't allow them if they don't have a warrant. Then you added EVER!! This does not imply that you are planning to rob me. It does imply that you are somehow advising someone to keep me from searching the car.


"Your being too technical, officer. I do not and did not condone disobeying a police order. "

You're not being technical enough. The law is technical, yet you spout only blanket advice. If you don't mind giving people advice that can make their situation worse, that is on your conscience, not mine. I, however, will give accurate advice.

Nor did I say that you advocated disobeying..........I was pointing out to those who might read you "non-technical" advice that there could be additional problems if they did what you said.

"Added: when they request such."

Then I guess I accomplished what I intended. If that had been on the last line of your first post, I wouldn't have commented at all.

Stephanie S.

I agree with Niteshift, in that giving unfounded and undereducated advice could really cause harm to people.
Before anyone starts making legal recommendations here, it would probably be a good idea to make sure you have a firm basis of understanding to back up what you are saying.

Life isn't the movies and TV. Try to think realistically about yourself in a situation where you may have an officer who believes he or she has probable cause to enter your vehicle and search. Then, check the facts before you give advice! Without the facts, you could really cause harm!

peace

tha_hashassin

in the back of the book Marijuana Law by Richard Glen Boire there are a couple of wallet cards that any marijuana user should carry and be prepared to use if necessary. here they are for those of you who do not have this wonderful book.

NONWAIVER OF FOURTH AMENDMENT

I have been advised never to waive a constitutional right protecting my liberty. In respect for the wisdom of our founding fathers who knew well the dangers of a dictatorial government, I herby invoke my rights as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution.

I do not consent to a search of my person, my belongings, my automobile, my home, or any other item. I also do not consent to any further detention of my person, my belongings, my automobile, or any other item.

If you search me or detain me without the requisite justification under the law, you are hereby advised that I will take all possible legal actions against you personally as well as against your employer.

NONWAIVER OF 5TH/6TH AMENDMENTS

I have been advised never to waive a constitutional right protecting my liberty. In respect for the wisdom of our founding fathers who knew well the dangers of a dictatorial government, I herby invoke my rights as guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.

I hereby invoke my Sixth Amendment right to an attorney as well as my Fifth Amendment right to remain silent. I will remain silent until an attorney is provided.

If you question or interrogate me in the absence of my attorney, you are hereby advised that I will take alll possible legal actions against you personally as well as against your employer.


these cards should be signed and kept in your wallet to be handed to a police officer if need be. because you do not consent to a search does not give the officer probable cause. if this were the case we may as well throw the constitution out the window. however if he does have probable casue (roaches in the ashtry in plain sight, a bag of 'vegtetable matter' on the back seat, strong odor of burned marijuana coming from your car/home, etc), it is in your best interest to cooperate with the officer or you could get in to worse trouble.

I highly (no pun intended heehee) recommend Marijuana Law to anyone who smokes the sacred herb. there is alot of useful information in it about how to protect you rights and wht do do if arrested. here's a link to the publishers site. www.roninpub.com

TheCleric

You know its the people who have never been in that situation who like to think they know what they are talking about. They sit there saying never let a police offficer in your home ever because they havent had to face a police officer when they were at there door and they just smoked weed in the house!

Well reality will set in. What the hell are you going to do to stop them from entering? In my case they had a warrant and probable cause and ya know what i tried to stop them from entering by slamming the damn door on there faces but it didnt stop them, it just rightfully pissed them off more.

Im so sick of everyone dictating what to do when they have never had any of it happen to them. Your car is one thing but your home is another. You can easily excercise your rights and not get your car searched if the cop cant see anything in plain view or smell anything in your car, but what the hell are you going to do when your doors open to your home and you just smoked 2 bowls in your kitchen? Your not going to sit there and remember all that advice when the ****s hitting the fan, no your going to suddenly realize YOUR NOT INVINCIBLE just like i did.

But like so many others TheGCW your going to preach and preach just like i used to.

Cleric

__________________

Stephanie S.

TheCleric....."the smell of weed lingering in the kitchen.."
hence the reason we smoke on the patio or should that be... ?

peace

Greenman

Thank you niteshift for setting the books straight. The last think I would want is for someone to get into even more trouble than they are in because of something they read on marijuana.com.

Although, as you can see, such bold statements do not normally last long before someone with a little more experience with the matter comes along and does some corrective surgery on the post.

Your point about the law being very technical should be heeded by everyone here. Correct me if I am wrong, but if they pull you over with 10 pounds of cocaine in your back seat, bust you and neglect to read you your rights, you can be released on the technicality that you were not read your rights, reguardless of the fact that you were caught red handed with a controlled substance in your back seat.

You won't get the coke back, but you won't go to jail either. Because of a technicality. It is not good enough to have a general understanding of the laws, you really need to get down into the specifics, because that is what they are going to do to you.

Peace

Niteshift

"Correct me if I am wrong, but if they pull you over with 10 pounds of cocaine in your back seat, bust you and neglect to read you your rights, you can be released on the technicality that you were not read your rights"

Gonna have to correct ya Greenman. This is a really common misconception.

You can be arrested, tried and convicted, in theory, without ever being read your rights. Your "Miranda rights" apply ONLY to custodial interrogation, not to the arrest itself.

For example, if I watch you shoot someone, I can arrest you and put you in jail without ever reading you your rights. As long as I'm not questioning you, your "rights" (the ones we're talking about here) do not apply to the arrest. I saw you commit the crime, I don't need your statement, confession, whatever.

IF I do question you without reading you your rights, whatever you say will be supressed as evidence and useless to me. However, since I saw you commit this hypothetical crime, I certainly still have enough probable cause to get an indictment and get you in front of a jury.

Aside from me witnessing the crime, I would also have the physical evidence (the gun with your prints, the bullet fired from that gun etc). Those items would also not be supressed because you weren't read your rights, unless they were discovered by virtue of the statement you made (like you told me where the gun was).

Since I'm no longer a detective, my practice is pretty simple. If I don't need your statement, I don't always ask questions. I build my case without your "help" and then I know I won't lose evidence in supression hearings.

Many, many people have told me, as they were being walked into the jail that I was in trouble because I hadn't read them their rights so the arrest wasn't valid. Their lawyers always seem to straighten them out on that point later.

Hope that helps.

Cleric:

You make a really good point, one that is not just limited to how people will react to cops. People rarely know how they will react under stress until they've been under stress. It's like shooting at the range and becoming a good shot. You convince yourself that you could shoot the wings off of a fly at 50 yards. That's all well and good until one day the target is not a piece of paper and worse, it's shooting back at you..........want to guess what happens?

hashassin:

Here was one key point in your post I wanted to make sure was emphasized:

"however if he does have probable casue (roaches in the ashtry in plain sight, a bag of 'vegtetable matter' on the back seat, strong odor of burned marijuana coming from your car/home, etc), it is in your best interest to cooperate with the officer or you could get in to worse trouble."

Very good advice.

When people make statements like, don't let them in your car without unless they have a warrant, some will take that literally and the advice just is not accurate.