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Green-Lantern

I was read my rights etc, and was told I'm under arrest for the possession of marijuana. And we weren't even on school property at the time.

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troublemaker_42

Well, I'm guessing the evidence was probably collected as it should have been. I don't think it just "disappeared." Also, you aren't always given a ticket or write up at the time of arrest, so just because you haven't seen one yet doesn't mean you won't. The probable cause for the arrest is sketchy, but it comes down to your word, and the word of your buddies, against the word of the cops, and guess who they're going to believe? Sounds like you got screwed, but unless you get a good lawyer who can basically make the cop trip over his own words and admit something other tthan what he reported, you're likely to be found guilty.

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You CANNOT bring about prosperity by discouraging thrift.
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Green-Lantern

My dad will definetly get me out of this one, trust me.. no worries. The only thing I'm upset about now, seeing as how I'll get off the hook, is that all that bud has gone to waste. And that is all that's gunna be done with the evidence, he's done with the arrest and everything, all that needs to be decided now is what to do with me in school... he didn't write up an arrest report or anything because he knows what he did wasn't justified. Same thing happened last time too, he couldn't bust us so of course he threatened us with several different things, none of which we could actually be charged with which we knew, so he made it seem like he just gave us an official police warning (without writing anything down), but he has done this twice.. so yunno.. cmon.

troublemaker_42

well, keep us posted...I'm curious as to what will come of this. just remember, though, that just because you ahven't seen an arrest report doesn't mean there isn't one. they aren't required to give you one right away

imported_Ilúvatar

A baggie can be considered drug paraphernalia, because practically all drugs are kept in baggies, and cops know this. While the cop’s probable cause is iffy, it's not completely wrong. He saw a few kids in a car during school time, you all probably looked stoned, he had caught you once before, and you were in a car with a kid that the cop knew was a bad kid; throw all of that in with the fact that he saw a baggie and he had a reasonable suspicion that there were drugs in the car, even if the baggie wasn't for drugs. Not to mention you were being uptight with him. If you're going to be a dick to a cop, you better believe the cop will be a dick to you.

What he did was justified in the law, even if it's silly; because probable cause is a pretty loose term. Don’t be so sure that, if this goes to court, your dad will get you out of this.

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troublemaker_42

LOL....I was thinking the same thing, but for once in my life, I thought I'd let him think the best, rather than point out the harsh reality of the situation....but, since you said it first, I've got to admit i feel the same way!!

Green-Lantern

Nonono, trust me... my dad will get me out of this, and it probably won't go as far as court. My dad has talked to this cop before in response to the cop doing something stupid again. Anyways, I wouldn't say it's probable cause, because by law yunno, who cares if we have had a problem in the past? And who cares if a kid with bad history is getting into the truck? That has nothing to do with the law. Also, we didn't start giving attitude to the cop for no reason, once we saw he was being an ass, everyone started getting defensive. He came up to us being a sarcastic jackass, making fun of us and stuff.. and about my dad again, he probably will because he has delt with a few cops before

dags

Wow. Your friend has a pretty bad logic if hes in the process of being arrested and he just started making fun of the cop. I know he was being a dick but just kiss the guys ass. Remember, you want him to like you.

Not really. Sounds like your friend was a dickhead. Cops hate weed and you dont wanna add to the tension of cops vs potheads at your school. The guy obviously doesnt like stoners. Maybe you shouldve been warm and friendly to the guy and made some light convorsation. Maybe make a joke about how dumb potheads are. I know i sound like a tratior but you should really kiss the cops ass if you have weed on you and hes suspisious.

swadey99

You’re saying that if I have a single empty plastic bag (Ziploc) in my vehicle and a cop sees it, the empty baggie can be considered probable cause, and the cop can search my vehicle without my consent?

If that was true then a lighter, pack of matches, or a ash tray could be considered PC as well.

I’m no lawyer but there are tons of reasons as to why a plastic bag could be in your vehicle, and if the police searched your truck based solely on this reason then there’s no way you could be convicted in court.

imported_Ilúvatar

No, I wasn't saying that. I said along with being in a car with a someone the cop knew was usually up to know good, being caught by that cop once before (I'm assuming it was for drugs or alcohol), looking like you were stoned (again, I'm guessing; but you said you had smoked recently), AND having a plastic baggie in the car all add up and can make probable cause. Having just one of those does not make it, but add them together and you can make a case that there is an illegal activity going on.