Question about conditional discharge/suspended sentence

So back in March my girlfriend and I were arrested with a small amount of weed and each had our own pipes on us. In Indiana fyi. I got an OWI and possession of marijuana and paraphernalia and she got both possessions. But anyways, finally done with court and the para is being dismissed and marijuana charge is being 'conditionally discharged' after a year. I've got no probation, and may or may not have to take drug/alcohol classes (my gf didn't so I'm hopeful) but the way I understand the cond. discharge/suspended sentence is that essenetially we just can't get arrested / in trouble.

But my concern is that, will a cop ever show up to search my house or random drug test me? I have a shoebox full of (mostly clean) pieces id like to bring home and not be paranoid about them being in my home, I'd also like to still smoke on occasion without fear of someone showing up for me... My gf had a conditional discharge due to a minor consuming alcohol charge a couple years ago and no one ever bothered her. But anyways just curious if anyone knows...

Here's part of my paperwork:

"It is therefore ordered and adjudged as follows:

1) A All of the findings herein shall be construed as the judgement of the court
2) Defendant is entitled to the relief contained in IC 35-48-4-12
3) Defendant is conditionally discharged from crime of Possession of Marijuana as a Class A Misdemeanor upon the following conditions
a) Defendant shall remain in the custody of the court for one year
b) Defendant shall abide by the terms of conditional discharge as follows:
Additional terms of the conditional discharge and terms of the suspended sentence
d) No violation of federal or state criminal laws
e) Clerek shall apply a portion of bond to Community Corrections Department to pay the alcohol and drug program and for community service. etc about paying the costs
f) Consume on alcoholic beverages
g) consume no illegal drugs and posses no paraphernalia
h) Submit to random alcohol/drug tests as directed by counseling center personnel, community service personnel and any law enforcement officer and pay the costs of the test
i) undergo and assessment for possible program placement for drug/alcohol program


_____

I'm concerned about h, I mean I know I'll be tested at my drug/alcohol assessment which is no biggie but after I'm done with that, they or community service should have no reason to randomly test me? But what about the officer tidbit??

Thanks in advance guys

 

You will probably have to do some random testing but you will be asked to come to a location. Like your parole officer will call and say "you have a test tomorrow at 7 be there"

A cop still can not show up and demand to search your house or person as far as I know. The cop part mentioned would mean that a cop can ask you to take a drug test on a traffic stop or if they have an encounter with you. In most states part of having a driver license means you agree to take a breathalyzer for alcohol but you are not required to take drug tests or the road side sobriety test for alcohol. That test is very vague and easy to fail anyway even when sober. Cops will never tell you that is voluntary but that is another topic. In your case I think you have lost the right to refuse a drug test even if you are on foot and not driving. I have never been on parole so I may be wrong on that. You have for sure lost your right to refuse consent to a search of your car. So do not carry anything in it.

If a cop does show up at your house and they knock that tells you they have no legal right to enter the house. I suggest you just don't answer the door. No matter what they say if they could come in they would just kick the door in. They will have to leave eventually. Because of what I mentioned before you want to do everything you can to avoid cops. In the streets that is harder but your home is still private property they can not be on without a warrant or your consent. Also remember you are NEVER under any obligation to speak with police even when on parole. It will not help you in any way ever. Remember "everything you say can be used against you". So if you do ever encounter a cop say you want a lawyer (you have a right to one when questioned even if you are not charged with anything) and that you "do not answer questions". You would also want to ask if you "are being detained". For someone not on parole this really puts pressure on the cop because once they state a reason for detaining you it opens up allot for a lawyer. If you do not ask it can be implied your encounter with the police is voluntary. Once again cops will lead you to think you do not have this option. But for someone in your position I believe you can be "detained" simply based on your past charge but you still have the right to remain silent. Still say you do not answer questions.

 

YOU ARE ON THEIR WATCH LIST. Those DA`s can make a mountain out of a mole hill. I gave up ALL illegal substances a very long time ago. You do NOT want to end up in prison. I was a truly BAD ASS man and kicked the shit out of two or three guys a day. I am also an ex-marine.Two tour NAM vet. Killed people [ NVAs for about 2 years ] Are you up for such stuff ? Be SCARED, I am.

 

He is in the system but they are not paying much attention to him. He is just a user not a big time dealer who might go back to his old ways. All they care about is him paying fines and going to drug class. They will be watching for him to fail a drug test because that means more money for them though.

 

I am under a conditional discharge at the moment for a DUI charge which I pleaded guilty to in December. Conditional discharge means different things in different states, but here in New York (and I am assuming where you are), a one-year conditional discharge simply means you are discharged from probation under the conditions that you stay out of trouble for one year. Should you get into trouble with the law again within that one-year time frame, the case can be reopened and you can be sentenced with the maximum, including probation.

Under no circumstances can a cop show up at your house and randomly drug test you if you're not on probation.

 

So you say. I had the police show up at my home for NO reason. They claimed a 911 call had been received from my home. This was about 1:00 AM. They knocked on my windows demanding I come out. I had been asleep. Lights were flashed in my eyes and their guns were drawn and pointed at me. I came out my door with my hands up. They searched my home claiming they had no need for a search warrant because of 911 call that never happened. But then I am a veteran and under or subject to Obummer`s " Operation Vigilant Eagle ". And I was incarcerated for complaining about pain when I went to the VA for help. I was placed on a lock ward.
I want you people to wake up to the nightmare the Obummer administration has become. These are prewar NAZI tactics. These people do scare me. I hope they simply shoot me to kill and NOT put me in some prison camp.

 

Thanks for the input guys. And anakin, I'm not on probation at all so I don't report to anyone really. But at my drug assessment the lady decided to not have me take classes but rather just meet with her for a few times. I'm guessing once a month and 3-4 times, which isn't honestly that bad. She said I'll be tested each time but I'm not worried about that since I'll be clean. She said that there is a possibility that I could be randomly tested but most likely only if she suspects I've been up to no good.. I think as far as smoking goes after those meetings are over, if I do decide to chief it will be very very seldom so I'll be as clean out quickly. It's really not worth going back to jail and other shit (I work in a hospital and am lucky as hell to still have my job)

But I'm glad to know they won't just show up and search, I'd like to have my collection back with me.

But that's interesting about how you don't have to take a chemical test when pulled over, the cop told me if I refused that I would lose my license automatically for 1 year. (Or 2, can't remember exactly) but now I'm thinking maybe I should have refused so that when tested (blood/urine) that I may have been clean and they'd have no evidence for the OWI, but my theory on submitting was that I'd be tested soon regardless so it didn't matter... It really is bullshit how cops don't have to remotely tell you the truth

 

Oh and why we were pulled over- the bitch cop had someone on the opposite side of the road pulled over, we drove past, he did a u turn, and when I turned onto the next road I was going to go into the left lane but decided on the right lane so the cop would go around us, which caused me to turn wide and I drove about a foot over the white line. And in the police report he stated he followed us because out faces looked worried... At 1130 at night.

My fucking ass you can see someone's facial expression at night. That just pisses me off so bad

 

Cops are trained to intimidate and deceive you. Most people assume if a cop tells you to do something that they can not lie and you have to do it. They use that against you. Then they say "you seem nervous" which they use as an excuse to continue the encounter. Well obviously because you are being a pushy asshole and I don't want to go to jail.

I have dealt with cops and they have flat out told me I was incorrect about the law. But they had to back down because deep down they knew I was right too. You just have to stand your ground and be confident that you do know if you have studied it. Tricking you makes things easier for them.

 

Yeah I really wish I wouldve tried to stand up for myself more. But after him "saying why do I smell marijuana?" I had no idea what to say and gave myself up

 

Cops always say they smell weed. I have heard that in cars that were never smoked in. Smell can not be proven in court and is very subjective. In some areas it can be used as probable cause in my area it can not.

I was pulled over and cop said "It smells like weed I am going to search your car". He made a statement implying he would do it anyway but what he wants me do is say yes or ok. This means I consented and waived my rights, he did not have the right to do it. The cop got really pissed when I said "I do not consent to any searches" and said "that doesn't fucking matter". It did or he would have just done it. He said he would get a dog I said ok knowing that I was in the same trouble anyway. He could not get one, sometimes they can't. There are only so many K-9s on duty at once. But to be honest when they do they will usualy make the dog false alert even if they don't smell anything and use that as probable cause to search. They will make sure to do it away from the view of the camera in their car. It's shady but when you tell a cop no it pisses them off and they are going to get in there. If the dog doesn't alert you win they can not look in the car. Cops hate that. But it's very easy to make the dog do what you want. They will say something like "get it" "come on boy". This is what they say in training and it gets the dog excited because as far as the dog knows he is looking for his toy. So when you say the key words the dogs starts to do the behavior that in the past got him his toy even if he doesn't smell the toy. Plus the dog gets praised by the cop for doing it. It's positive reinforcement which is the best way to make a dog do what you want.

 

Yep, the dog thing is bullshit. The cops will get in there no matter what if they really want to. They'll make the dog alert even if there's nothing in the car and might even plant something if they cAnt find anything

 

Wow that is a bunch of shit. I've heard dogs can falsely alarm them and believed it but damn.

I know to never have anything on me when driving around anymore in the future though. I shouldve tried to stand my ground but when they got in eventually they wouldve found our stuff anyways. Its such bs how they treat people.

Do you guys agree though about the "seeing worried looks" thing? Like what in the literal fuck

 

ignore all the paranoid bullshit.

if you are not under formal probation they will not/can not just show up to search your house. If under formal probation you forfeit your right concerning no-warrant searches.

I sure am glad I live in Ca.
possession of an ounce or less is an infraction, like jaywalking, and not to exceed $100 fine, no court, nothing on your record, no pissing in a cup, nothing permanent at all.

concerning the "worried looks", do you look like a "hippy" or "stoner"? My guess is your appearance had more to do with it.

 

No I don't really think I look overly like I scream hippie or whatever.

 

don't take offense, just trying to ascertain what else may have motivated the cop to stop you.

I got pulled over once because a cop got behind me for a while and then changed lanes and got in my blind spot.
I looked to see where he went and then he got back behind me and hit the lights.
He said because I was "concerned" about where he was, it was suspicious behavior.
what bullshit.

Now I just ignore them or at least not be so obvious when I look to see where the fucker is hiding.

another time I got pulled over for going over the white line as I got on the freeway.
Luckily I bullshitted the cop about my steering wheel needing to be tightened up. He believed it.
good for me considering I was frying balls on about 150 mics of LSD.

 

Oh I wasn't offended at all man. But yeah those are some bullshit stories! Peeves me off how they can act like that

 

That is bullshit! I am an intelligent person, and its obvious whenever a cop is plotting to pull you over. And then they pull some shit right that! I should be concerned if i'm just a regular driver and the cop is trying to come up with a reason to pull me over, what is he gonna do when he pulls me over to come up with a reason to arrest me? Cuz if I'm not obviously breaking any traffic laws then it's also obvious that the cop plans to arrest me before he's even pulled me over yet. He doesn't know what if any laws i'm breaking but he'll find something.

If you don't wanna be hassled by the cops:
1. Don't be young.
2. Don't be black.
3. Definitely don't be young AND black.
4. Don't be white in a neighborhood known for drugs
5. Don't drive a car.