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Discussion in 'Legal Issues' started by MrIMStoned, Dec 7, 2009.
Why be on a marijuana forum if you dont smoke? Thats like an anorexic person having a cooking show.
Totally false? I know police officers who have done it. Not every cop is a saint like you.
You've been a member here for a whole month, and you are questioning what I am doing here? If you really want to know, try reading some of the posts that I have made during my nine years here. It should be pretty obvious.
You said: "When the police give you a warning and confiscate your weed, the're stealing your weed." You didn't say that it has happened before, you said that it happens anytime someone is not arrested for possessing marijuana. That is a ridiculous accusation, which I know from personal knowledge is false, and you provided no proof whatsoever of it.
If you know police officers that have done it, then I sure hope that you did the right thing and reported it to their superiors. If not, I call B.S.
Dude - you are way off-base here. We even have Moderators who do not smoke. Phuzz01 is all we have left of some very talented LEO's who contributed here until the stupid teenage anti-cop sentiment ran them off - hence the need for the specific posting guidelines in this legal forum against flaming cops.
Beyond Phuzz01's contributions, go back and read some of the posts from K9copper and Niteshift, and compare that material with the quality of posts we get since we let minors on this board.
Ok, ok. I'm late to the party, I know; but I'm here now.
yes, I also do not use marijuana, by choice.
I choose to help people understand drug testing and how it works rather than sit by and let them worry themselves to death.
I would imagine that is the same reason Phuzz01 is here. So people can have accurate answers from an experienced, active LEO.
You probably should worry more about your own business than why others are participating on this website.
I wasnt hating on him I guess it just didnt make sense why someone whos never smoked would be on a marijuana forum. Its none of my business and im sure he helps alot!
I admit that not every cop is going to do it but some are so it wouldn't be totally false. It does happen. You would concede that not every officer is straight as an arrow?
I'm not going to get my friends fired or investigated for stealing some kids weed. I won't say I condone their behaviour but I would rather stay on the good side of the few police I know.
Here's the problem with lawyer legal advice. They look at it from the perspective that you are either already arrested or you are going to talk to the police about a crime in which you COULD be arrested. They look at it from the position they are hired to defend from, court proceedings. They want to help create a defense that defends you IN COURT. For them, you getting arrested is fine, because if you didn't say anything they can create a better case because of that. For people that don't want to get arrested in the first place, this is a different issue.
From my experience, most cops want to arrest you for a drug charge. If they can find something illegal on your person, they'll arrest. This is not always the case, and you may get lucky and get a warning.
I had an experience where I didn't get arrested, then I had a friend who was in a similar circumstance and did get arrested (same police force).
Here's the better suggestion, don't get caught in the first place. Most people who are caught with weed, get caught because they are utterly careless.
Best advice I can give is don't smoke IN your car, and only transport very small amounts in your car with you at one time. You really shouldn't be smoking and driving in the first place.
If you are transporting larger quantities in your car, do not smoke ANYTHING. Make sure you don't smell of smoke (jackets can smell like smoke if you don't wash them even weeks after you smoked, don't wear them!), and put your weed in a ridiculously hard to get to place. Something you have to unscrew or disassemble the car to get to.
If you get pulled over and have your weed WELL hidden, with no smell or anything obvious about, don't sweat it. Just act as if it's a normal traffic ticket. If the cop wants to search your car LET HIM! If you say no, he's going to wait till he can get a dog to come sniff it out. If you want to gamble that he WON'T get a dog, I wouldn't. They'll wait hours sometimes if they have to.
I had a situation in which I was pulled over for speeding. My car SURELY reeked of Marijuana, and I had Marijuana in my pocket. I acted cool, just treated it as a normal traffic ticket, and the cop didn't say anything. (Lucky as shit, sooo lucky).
If the cop smells pot in your car, and it's in an obvious place, and he asks to search, I wouldn't let him search. He may be entitled to search it anyways if he sees the pot or has seemingly sufficient evidence to do so without your permission, but let him know you don't consent. Here's why: you're going to get arrested anyways if he finds something, trust me. He's not searching so he can let you go if he smells pot, he's not looking for harder drugs, he's looking for Marijuana. Make it harder on him to get what he needs to get done, and make it harder on his case. He can't make the judge give you a harsher sentence because you didn't consent to a search. It still may be inevitable you will get arrested, but there's no reason to let him find it with your consent, and it can effect your rights later in court if you DID consent.
In short, if your weed is hidden incredibly well and there are no obvious illegal things in your car, consent to a search. If there is weed in your car in an easily findable spot, and the officer wants to search, do NOT CONSENT to a search.
Above all, if you are arrested, SAY NOTHING. Not a word, not a phrase, nothing except "I would like a lawyer present" or something of that nature. Nothing you can say will make the situation better, especially if you truly are guilty.
This all hinges on the honesty of the police officer. I've had many friends who claim to have had things planted in their car and had police lie about things they found. Be warned, if the police are corrupt there is virtually no hope anyways .
No offense but it is my opinion that telling the officer's superiors that the officer confiscated the weed with only a verbal warning is NOT the right thing to do.
Not that running around and confiscating weed for one's own personal use is the right thing to do as a peace officer but who is to say whether or not the officer threw the weed to the wind or took it home? I'd say give the officer the benefit of the doubt and count your blessings that you got a cool one.
I wasn't referring to an officer confiscating weed with only a verbal warning. I have no problem with that, and in fact have done it myself. I was referring to MrImStoned saying that he has first hand knowledge of police officers taking the weed for their own personal use (as opposed to destroying it). That is both dishonest and illegal, and those officers should not be in law enforcement. If they are willing to lie, steal, and use illegal drugs, what else would they be willing to do under the color of law?
I've never heard of a LEO just taking illegal items and keeping them to use/sell but I'm sure it happens. Many LEOs are less than trustworthy. I'm not making a blanket statement about all LEOs but there are always plenty of bad apples in every bushel. Same applies to police officers.
I have a friend who used to be a police officer (he's a state trooper now). He about lost his job a while back because some Herb that he had confiscated went missing from the evidence lock-up and I think they said he never turned it in. Luckily he found a receipt that they had given him when he turned it in so it was cool after that. He said that "evidence" like that will often grow feet and walk off. He said that's why he keeps all his receipts.
I'd say it is very common for things to go missing once they have been turned in.
There's good people and bad people...its just reality. Thats why its impossible to stereotype someone...
Not true. There's things they say that does help to keep you from getting arrested after all why do you think business's us there services.
Depends on the officer
Again depends on the officer and there mood.
No comment there, cause its true
some good advice
Unscrew something? depends on the car and where at on the car. Say the tires for instance not a good idea. cops will look at the lugs if they are trained properly. Old lugs that look like they been taken off is a sign there might be something in there.
Never consent. Why risk it. Second they have to get a dog there in a reasonable time frame. if they make you wait hours that usually means they saw something and more than likely have you under arrest at that time and he wants to make sure the case sticks, so that way the search isn't thrown out along with the evidence.
i would say so, just hold your cool and act as natural as you can, hopefully they don't pull you out and search you.
I would like to add, if you do decline the search but he searches anyway there is a slight chance he didn't have the right to do it in the first which means you COULD get off on a technicality but again not always the case.
Why even risk it? Also it contradicts what you said in the previous paragraph.
Did you even watch the video? There's nothing you can say in general that's going to make a cop not arrest you. You can sit here all day and talk about an individual cop, and say how to manipulate someone, etc, but in GENERAL you are not going to talk your way out of an arrest.
What is the point of saying this, when I said "In my experience...". Does it really need to be said?
You just affirmed what I said, in fact you nearly repeated my point by that sentence exactly. Did it need to be mentioned?
It ALWAYS depends where they look, but I doubt the average cop who may detect weed will search inside door panels and inside all kinds of other places you can pry open. Maybe unscrew wasn't the right word as there are many things in your car you don't unscrew to get to.
If you are under mild suspicion, and you say "I do not consent", you just went to top level suspicion. There is a video by a former police officer who says this exact same thing (He has an entire series on this, I completely forgot his name). So weed that had a low chance of being found, now will almost certainly be found if they bring a dog, which they are MUCH more inclined to do if they can't search your vehicle themselves. I'm not sure about the time waiting issue, I've read a couple stories on this board where it said it took a while for the dogs to come out.
It didn't contradict anything. I gave two scenarios, one in which you (in my opinion) should consent, and another where you shouldn't consent. Both depend on how well your weed is hidden, and how suspicious your vehicle is.
Thanks for the comments
A police officer can call a K9 to ANY traffic stop for any reason whatsoever. If the officer pulling you over IS a k9 unit, the dog can be walked around your car with no probable cause or consent necessary, and if it hits on your car, they have the legal right to search. However, the courts have determined that you cannot be detained beyond the length of a "typical traffic stop". If the K9 cop gets there in 5-minutes, chances are the courts are going to deem that reasonable. However, a wait of 30 minutes, an hour.....the longer it is, the less inclined the judge will be to see the detainment as "reasonable", as no "typical" traffic stop would take anywhere near that long. If theres any question as to whether you are being detained, ask the cop if you are free to go. If he can't legally hold you, you aren't obligated to wait. Simply ask "Am I free to go now?" and if the officer says no....chances are, he ALREADY has some sort of probable cause that would allow him to detain you and/or search the vehicle and the dog is simply being called in as a second layer of defense should the case go to court.
Also remember once a cop gives you back your license and ticket or warning you have every right to leave right there. Surpreme court ruling in 99 I think re-affirms this.
why is this not sticky, this really would help alot of people.
That is only true if the officer is only detaining you for the traffic violation. If the officer has reasonable suspicion that you are possessing drugs, he can give you your ticket or warning for the traffic violation, return your license, and still continue to detain you in order to investigate the drug offense until his suspicion is either confirmed or dispelled (see Terry v. Ohio).