Out of Jail
MrBrian
Posts: 2,672
i'm on a miss pot charge. Cop went in for the search of my car, said he did'nt need a warrant cuz he could smell "something". well that's about it.
The exact charge is possession of marijauna less than 20grams and a smoking pipe.
anyone been in my situation before? i can't remember being read my miranda rights, will that make a diff in this? for a missdemeanor like said charge, am I in for a long court period?
Anyway, thanks
The exact charge is possession of marijauna less than 20grams and a smoking pipe.
anyone been in my situation before? i can't remember being read my miranda rights, will that make a diff in this? for a missdemeanor like said charge, am I in for a long court period?
Anyway, thanks
Post edited by Unknown User on
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1. the police can search any part of the interior of your car within a driver/passengers reach, unless it is locked (glove compartment). this is a standard "safety" search that can be performed at any time during the stop without cause. the fact they he smelled weed only makes his case stronger. that is cause to search the entire vehicle and your person without your permission. his word against yours if you take it to trail. they will believe him, withiut a doubt.
2. the police only have to read your miranda rights if they question you about a crime. they retain the open right to your vital info such as address, name, dob, etc...
3. do you have a prior record? if so, any drug charges? felonies? if you dont, you may want to research your state/local laws and penalites. chances are there is some type of probation, fine, license suspension, drug class (DUI). you may have a first offenders program, which would be good for you. jump through the hoops they give you, and then it is erased or reduced. but if you fuck up, they will fuck you.
a free consultation from a local attorney versed in drug law would help. bottom line is your nailed, so trial could hurt you. smells like an easy plea bargain to me. hell, i could even right it up
Assuming you are in Florida & have no prior record, the standard disposition in Florida for possession of MJ & paraphernalia is "adjudication withheld" which is not considered a conviction. Typical sentence is fines/costs and sometimes probation.
You may be able to have the case expunged after completion of sentence - make sure you ask if this is possible and what steps are needed to have it happen. Otherwise, this case will definately show up if an employer does any type of background check.
thanks for the words,
damn, i can imagine this policeman craving for some weed, then smelling your car, and thinking "yay, this is my lucky break!! i'll arrest somone and smoke free pot!"
funny you say that, one of the officers before he left said "we got a BUZZ from your car man!"
whatever!.....my move back to Toronto is what i'm waiting for. I can't wait.
then you must've had good quality weed
Probably not, even if it was required, which in this case, as someone pointed out, i'm not so sure it is, they will simply say you probably don't remember because you were fucking high (whether you were or not doesn't really matter)!
plus fines and court costs, and possible license suspension.
get a free consultation. tell him you arent a fool and dont need to blow $1000 on a lawyer for this, then he will be honest and tell you exactly what is going to happen.
thanks.
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I don't think i'll lose my drivers. I was'nt charged with a DUI.
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But I guess it doesnt matter.
in delaware you lose your license for a period of time if convicted of drug possesion. i have seen this happen for as little as a gram. the offense doesnt even have to be in a car. you can be walking in a park. it is mandatory through our DMV
if it was within your reach, and not in a locked storage it is all legit (routine safety/weapon search). thats even without the smell. with the smell he could have flipped your whole car, dog and all. trust me.
Karma came round and bit you in the ass if your were driving while high. That's right up there with driving drunk.
when it hits you, you feel to pain.
So brutalize me with music.”
~ Bob Marley
i disagree.
It's stupid that pot's not legal, but equally stupid that people think it's okay to drive while high.
when it hits you, you feel to pain.
So brutalize me with music.”
~ Bob Marley
i didnt say it was "ok"... i meant that there is a big differnece. you are allowed to drive after a few drinks, it should be the same thing with pot. and pot certainly has less of an effect on your motor skills then alcohol.
if you can drive after a martini, then he can drive after a few bong hits. should either of you, prolly not, but if one is ok, then so is the other
What do you want more, pot to be legal and zero tolerance for driving while high? or the current situation where pot's illegal?
when it hits you, you feel to pain.
So brutalize me with music.”
~ Bob Marley
notwithstanding anyone's opinion on whether or not pot should be legalized, it is currently illegal, so if you drive under any sort of infulence, it is breaking the law.
It makes more sense to fight the law, as opposed to the enforcement.
Border agent: "What is your destination sir"
My2hands" "even flow?'s house, he has the LSD, alcohol, and weed"
Border agent: "cool, see you there"
The decision to arrest and jail a driver should be based on their driving, not some arbitrary chemical level determined by government.
Were the cops real assholes about it too? How were you not tried for "Driving While Impared"? Because a minor posession isn't really anything, but a DUI is bad news.
I don't smoke anymore, but when I did I just figured...the only way I would really ever get "busted" with pot would have to be while transporting it in my car and even then I would have to be smoking it in my car (which I never did) to tip off any cop. I always kept it locked up in my glovebox.
First, he must have probable cause to pull you over. Were you speeding, did you have a tail-light out, were your tags expired? If so, he could pull you over. If you were not violating a traffic law, he cannot pull you over for no reason.
Second, after he pulls you over, he can only search your vehicle in one of three instances:
1) You consent to the search, or
2) THere is probable cause to suspect wrongdoing. If the cop could smell marijuana fumes coming out of your car, he has probable cause to believe you are in possesison of an illegal substance, and can search wihtout your consent. If a dog trained to detect drugs alarms, he has probable cause and can search. If he just think you look suspicious and that is all he has to go on, no probable cause.
If a cop searches without cause or without consent, then any evidence obtained must be thrown out, and there is no case against you. If there was probable cause, they can use the pot seized as evidence against you.
3) The third is if a cop has a warrant. But, he has to have probable cause to get a warrant signed by a judge.
I find it funny that pot smokers, in general, seem so adamant to want to be able to drive while impaired. People who drink with the same attitude are generally thought of as alcoholics. They make up great excuses for their behavior; "I drive better after a few", "I didn't want my car to get towed/broken into", "It's only a few blocks". Great role models to emulate.
when it hits you, you feel to pain.
So brutalize me with music.”
~ Bob Marley
I agree
Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth.
-Oscar Wilde
The very people who want to make government and corporations more accountable want to make themselves less accountable. Unbelievable.
when it hits you, you feel to pain.
So brutalize me with music.”
~ Bob Marley
When I asked for a warrant the second time I got a quick throw against the hood of his car. he asked "are you gonna calm down!" I'm in the meantime thinking that hes the one with my arm twisted holding me against a car hood, he needs to chill! But otherwise yeah some verbal abuse, he said to me that I was probably gonna be...infact his exact words were.."Are you american?" I said no canadian. His response was "you are fucked!" then he waved bye to me. then again at the lock up he assured me again that I was fucked either way.
So yeah, normal cop stuff. whatever, I'm not worried.
I was'nt impaired, I dunno how they got a buzz from my car.....yeah I was locked up from 2pm ish to around 3am...I got the blanket and bed, open toilets and all. all the perks of county lock up. oh and I got a free strip search and for the first time a guy asked me to lift up my ballz sac...while in a baseball catchers low stance Position while coughing.
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But it's cool,
this is incorrect. he/she may search any part of the interior of the car that is within reach of a passenger that is easily and readily accesable. it is a common practice for safety reasons. that is why locked brief cases or lock boxes or locked glove compartments are not searchable under this premise, becuase they are not "easily" accessed. so keep your shit in your locked glove compartment and you will be fine.
i assume mrbrians stash was found within his reach NOT in a locked storage. not to mention the odor makes it a moot point.