First encounter with cops...what could i do better next time?

Hi all.

I'm a college student and the other day my friends and I were smoking pot from a vape and homemade bong (so we had paraphernalia) in pretty out of the way location on campus. As we were walking back to dorm, we saw a cop pulling up to where we were hanging out, and he followed us and stopped us while we were walking back. This was about 4 am. First he asked what we were doing, we said "just hanging out", then he asked if we had any spray paint, which surprised us. Apparently there was lots of graffiti on a nearby bridge and they had just cleaned it up. We said no, so he asked us a few more times what we were up to before he split us up. We were all pretty clear minded and weren't acting high. Did he have reasonable suspicion?

First I went with the original story until he asked if we were smoking pot, and I started off with the whole 5th amendment thing just to try it out, but then he said something about a "reasonable request from a campus police officer" so I kinda lost my nerve and told him.

I didn't get in trouble, as my friend was carrying everything, and he got potential community service after they talk to the student discipline board or something. So it wasn't a big deal and the cop was pretty nice about it, except he took my friend's magic flight launch box (let him keep the batteries though). Poor guy.

What could I do better next time (esp. as far as exercising rights)?

Thanks!

 

Be more discrete, don't smoke pot in public, if they ask you if you are smoking pot say no, smile and be polite.
Stand up for your rights only when you learn not to be an idiot when confronted by the cops.

 

Hey man, I get that, but when you're a freshman in college there's not really anywhere non-public to go, except your dorm, which also doesn't work too well when RAs can smell weed coming from your room. Plus my roommate isn't 420 friendly I was very polite, just freaking out a bit because I didn't know what was going to happen and it was my first encounter.

 

If you were smoking from a MFLB vape, there really shouldn't be a significant odour?
Smells like popcorn to me.

 

If you have to smoke outdoors, leave the vape and bong at home, use a more stashable smoking device and don't hide anywhere they can sneak up and surprise you.

When confronted by the cops, never fess to anything illegal, it's probably not giong to help your case anyway. If you decide to talk to the cops, just give a believable story and stick with it. Yeah don't smoke in your dorm, you're an easy bust then and they could throw you out of school.

 

Time to buy a stealth device! One hitter or a bat or something

 

Get a dugout! Its a wooden box that holds a one hitter and about 1/8th. Very stealthy, but if you have the cash, get a PAX by Ploom!

I think you shouldn't have fessed up to smoking, but that's just me. Considering you were using a MFLB, there is no way he could have even smelled it on you guys. It is nice he let your friend keep the batteries though!

 

if you're smoking outside on campus, roll a joint instead of bringing a pipe/vape/bong with you. that way on the way back you have nothing on you, and they can't get you for anything.

 

You should not of said anything. The "reasonable request" was just that a request. You are under no legal obligation either from state law or your university handbook to speak with police at any time. If you were in a car he could stop you and see if you have a license but on foot ignore him. You don't even have to show ID outside of driving most places. Although cops will lie about this.

A bugler would also make a reasonable request that you let him have your TV but does that mean you should? That cop knew what he was doing. He mislead you and let you think you had to talk to him.

If this was me. The cop comes up to my group and asks what we are doing. "Nothing, just hanging out on legal public land".

After that "I do not answer questions" "I do not consent to searches"and "are you detaining me". If the answer to the last one is yes press him make him give a reason. He will be reluctant to but if he says no simply walk away. He will get pissed but you are well within your legal rights.

You have the right to refuse a search until you give consent. So the cop might say "I am going to search you". This implies you have to say yes doesn't it? He knows that.

Before you really try all this please do some research on what cops will say and how they will react. Some google searches of those phrases will tell you all you need to know.

I have done this with success but I knew the law up and down. One slight mistake or miscue and this all means nothing.

 

First things first: Don't carry in public any more than you can eat, and if you see a pig coming toward you, discretely eat that small amount you're carrying. Don't try to discard it -- it'll be found, even if they have to haul out the dogs to find it. Public intoxication is a misdemeanor offense and nothing that can be handed over to the feds to really fuck up your life -- a possession bust will end your eligibility for federally guaranteed student loans, and handicap you throughout life. So rather than risk that, you cough into your hand and discretely stuff that joint into your mouth so you can eat it. No possession, no possession bust. You can't eat a pipe, so don't carry one. Don't even be in the company of someone carrying contraband they can't or won't eat. It's not unheard of for seemingly trustworthy people who see their lives about to get upended to become anonymous donors. It happens all the time.

It's not always possible to convince someone to deliver a small quantity of weed so you'll often find yourself having to carry more than you can eat just to get it home. Go clean, stay clean, return clean directly home without any stops, toke up later. If your dealer is toking up, get in and out quickly because that scent lingering on your clothing is probable cause. Lose the pot leaf keychain, and if you've got something like the Leafly app on a smart phone that can't be encrypted, remove it. Encrypt your phone if you can, and when the pigs approach turn your phone off so it can't be searched without your authentication credential(s) having been given. That way they can't find the name of a known or suspected dealer or druggie in your contact list and use that information as probable cause.

It is probable cause to reek like you just smoked, but by then you've been smart (perhaps by eating a joint). That probable cause will likely lead to your being searched without your consent. You're not carrying, so you don't have anything to fear. Protest that you don't consent to the search anyway, but know that because you're clean you're walking. That knowledge will help you to avoid acting suspiciously.

Never commit two illegal acts simultaneously or consecutively. If you're carrying, that's the only illegal act you perform, period. Don't turn without signaling, don't jaywalk, don't trespass, don't have a burnt out brake light or a bald tire. Don't call attention to yourself. Change out of that "Fuck The Pigs" (or "Legalize It") t-shirt before you head out. You do have the right to express yourself, but if you're smart you'll do everything you can to avoid inviting law enforcement contact and they really do want to chat with the guy wearing the Fuck The Pigs t-shirt. Being present in a sketchy neighborhood or any other "known" place where contraband is sold and/or consumed is cause for suspicion and so cause for contact, and from there it's just a short step to probable cause. Reasonable cause for suspicion gets you stopped, probable cause gets you searched, discovery gets you arrested, convicted, and fucked for life. Don't give 'em that reasonable cause for suspicion. They can fabricate it if they want to, but the more specious their claims the easier it is for your attorney to get you out of trouble.

As unfocusedanakin recommends, you do not answer questions. You may be required to identify yourself and you may be required to provide any identification documents that you have in your possession, depending upon the jurisdiction, but identification, if required, must be the only information you provide. Be sure to ask if you're being detained, and if the answer is no you say "thank you" and leave quietly, safely and sanely. Period. You have no other viable options. You don't express yourself in any way that's not "I don't answer questions", "I don't consent to searches", or "Am I being detained?". Ever. You do not talk to cops. You talk to your attorney, who talks to the cops for you. That's his or her job, not yours. You don't even admit to the things the pig watched you do. What matters isn't that you got arrested, but whether or not you get convicted. Shut up and stay shut up.

 

You fessed up...cuz your friend was carrying? :bomb:

My advice...stop smoking, just stop.

 

"You fessed up...cuz your friend was carrying? :bomb:"


-yeah that was a lame move bro. But best idea is dont get caught. u kinda have to understand what u are getin yourself into when u smoke in public, in ur car what ever there IS a chance u can get caught and u will get in trouble with law, fees jail time etc. so u cant be surprised when u get rolled on. IF u do get caught dont act like a lawyer, i have found many times that "Yes sir No Sir, Yes Mam and No mam, method works like anything. Just be as polite as possible. if u can let them know that u are sorry, this is not your normal M O. but u have to use your intelligence, really ! the best thing to do is be polite and dont say anything at all besides answering their questions as nice as possible. but what can u do? you broke the law ? your busted! and if ur polite which has happended to me millions of times, they look at you and say something like "whats up?, why are u drinking here, or smoking here dont you know its against the law to .... da da da "? and ill reply and say "yes sir i understand its against the law, I really didnt mean to cause any trouble, i am not one to cause trouble. Thats why i came into this alley to drink my beer. But id be fine with pouring it out and getin on my way, u wont see me again i promise" and when they see u can speak properly, and u really arent a trouble maker than somtimes they say "Ok, But if i see u out here again or get any calls about you, im takin u in!" But when it comes to the police. You have no rights. they will kick your ass in a heart beat if they want . Remember the police department is like a crew and it does what ever they want to do. there is no way u can pull the "I have rights " shit with them and expect to sleep in your own bed that night. they hate that shit, and LOVE to make examples out of people who think they have rights.

 

the graffiti was his reasonable suspicion. whether the cop really thought you did it or not, that's the story the cops gonna go with as a reason to stop you and try to charge you with something.

oh yeah ... don't give up more information than they ask for. if you avoid certain questions then the cop will just keep trying to pull that out of you either directly or indirectly. it's best to answer their questions whether it's the truth or not, but be careful that you responses don't reveal additional information that can serve as seeds for further questions. cops are trained to use social engineering techniques and some of them can be pretty good at it. if your not careful with what you say then before you know it they'll have you snitching on yourself without even realizing it.

best to say as little as possible, but telling a cop that you refuse to answer any questions or citing the fifth amendment isn't likely to end well. what do you think the cops gonna do, just say "oh okay" and give up? no, he's gonna think you probably know something interesting that you don't want to tell him about ... which is exactly the types of things he wants to find out.

 

I agree with most everything that's been said here except one thing. And this applies only to areas where small amounts of pot are decriminalized.

If you've been smoking, you reek, etc, and a cop is right up within smelling distance of you (or you think he saw you), and he asks "smoking weed?" say "yes sir."

In these jurisdictions, the most he might be able to do is give you a small fine. If you are really polite and honest, he might just ask you to throw it out, or head home, and you'll have lost nothing.

However, if you LIE, and say "No", and he can clearly smell it, and he has a partner who will testify, or they have you on security footage, well, now you're breaking TWO laws; possession, AND lying to an officer. Now he's really got you by the balls.

This doesn't apply in areas where you can go to federal jail for a joint. Obviously in those places, if you're talking to a cop, you're already fucked beyond fucked, so might as well lie out your ass and don't admit to shit.

But in places where the cop has *discretion*, it helps to not treat him like an animal or an idiot, and just be upfront "Yes sir we were smoking, we were trying to be discreet about it" *smile sheepishly, play on his good nature, he's just a normal guy working a shift*

Don't even PRETEND to be a hard ass motherfucker. Don't be gangster. Don't act like the kind of guy who belongs in jail. HeathenHippie's post is solid gold. Eject any attitude you have immediately and play on his parental instincts. You are likely a young person, and he is likely a middle aged cop, who probably has kids. Be polite, kind, the kind of person he would just HATE to have to arrest, if he could just have a verbal agreement with you that you cease and desist and be on your way. He's hopefully after real criminals.

Same goes for all the "ARE YOU DETAINING ME" stuff . . . don't pull it out if the cop has the right to let you go even upon discovering possession. Easier to catch flies with honey.

Disclosure: I live in canada, so take my post and filter it into your own knowledge of your own area.

 

First thing he's gonna say is "oh yeah? So where'd you get it?" (He's just 'doin' his job after all...)

Now you'll have to start lying reeeal quick, lol

 

Woah.... I'm late to the party, but OP is a total piece of shit.

I don't care what you do, I don't care if you keep your mouth shut, or if you lie, that's your choice based on the situation, the agency you're dealing with, the local laws, the degree of discretion the cop would have depending on what you might be guilty of, etc.... but admitting to shit for other people, when there was NO need to do so, and the worst that could have happened is WHAT HAPPENED? Woah, fuck you, fuck you, and fuck you some more. There was no dilemma, you didn't choose the lesser fall, you threw your "friend" in front of a bus. There was one thing you could do to fucking assure that your friend got busted, and that was to narc on him, you fucking narc.

All you had to do was say you didn't know what's going on, or that you don't want to talk to the cop and don't think you're obligated to, and that you'd like to leave - would it make them suspicious? Maybe, but a lot less suspicious than if you roll over and FUCKING NARC.

 

No lying required. "I'd rather not say sir". Smile and be polite. You're under no duress to reveal your source.

 

Yeah, if you admit to smoking here, that's going to be probable cause and then some... not a very good strategy in most of the US. The best that you can ever get by rolling over is busted faster.

And yeah, we all know someone who had a cop stomp on their stash and send them on their way - highly unlikely, but their favorite trick is making you think that's what will happen. It's more often that people go to jail for thinking that would happen, when the cop only asked because he DID NOT HAVE THE PROBABLE CAUSE.

If he had probable cause, he would have searched the backpack or whatever right away. He had a goal, and was working towards it - he won - the proper course of action would have been to not say shit and not give him shit, as it was he harassed people, enforced a bullshit law, and was rewarded for doing it with total compliance by the OP/narc.