I know about the laws, my advice was reasonable, i said take legal advice and if it's worth it, then fight it. I never said it didn't give the office probable cause to search, i said it's not illegal to smell like it. If you have it on you, ofcourse they'll charge you. But, if you say it only gives them a pat down for weapons, then a baggy isn't a weapon is it? If the officer went in to his pockets, without consent, rather then patting down for a blunt obvious object it could be motioned to be thrown out. Were your miranda rights read, this is also key. Also, there was a case in canada where the officer smelled burnt weed and said this was probable cause. The case was thrown out of court because if the weed was already burnt, then there's no reason to assume he has more because it's dissipated. If he smelled fresh weed, then yeah but he'll say burnt. Like i said, take legal advice, weigh your options and do what's best for you.
I have no idea where all this talk about getting the case thrown out because he was not read his rights is coming from. You don't need to be read your rights unless the police plan on questioning you. In reference to the case in Canada where the case was thrown out because he smelled burnt weed, why would that mean there would be no weed left. That would also give the cop suspicion that at least one person in the car is under the influence. It wouldn't take the cop much to BS his way into saying the driver was under the influence which would give him the right to search the car and charge the driver with a DUI. Then there's the states with internal possession law.
Wrong. If they arrest you, they must read you your rights, plain and simple. Go look it up. If you are arrested in the United States, you MUST be Mirandized, NO EXCEPTIONS. Cases HAVE BEEN THROWN OUT just on that. It's a law, on the books. No exceptions. None.
I think the appropriate phrase for this kind of ignorance is to say "GTFO". I took your advice and 2 minutes on Wikipedia proved you incorrect.
Wikipedia is the most inaccurate piece of shit man has ever created... Anybody can edit it, and there really isn't any fact checking. IF you are arrested, miranda must be read. If you tell them "shut the fuck up pig, I know my rights", then they don't have to even try it... http://www.apsu.edu/oconnort/3020/3020lect07.htm Supression of evidence... It's up to the judge what evidence is supressed. If the judge decides, any and all physical evidence and any and all evidence obtained by the suspect speaking to officers can be supressed. All it takes is the judge going "You have no evidence", and the case is gone.
You are going to have a hard time fighting this.... 1. You're 17. 2. 2nd offense. 3. You smelled like (or cop says) weed which is all a cop needs to search you and your car. 4. Judges and DA's believe cops over kids with a 2nd offense for posession.
You can be arrested and not have your Miranda rights read to you. Only if you are questioned do you have to have your rights read to you. Specifically read the section about Custody and Interrogation. It is made clear that you must be under "Custodial Interrogation" to require your Miranda rights to be read. Arrest does not equal "Custodial Interrogation".
Not exactly. Police often cuff people for their own protection especially in situations with several "suspects". And please stop saying that they have to read you your rights once they slap the cuffs on! If they pull you over and find a roach in your car, they can slap the cuffs on you and take you to a station to be booked, granted your state allows it. Unless they want to sit you down and ask you where you got it, they don't have to tell you anything.
