Got caught? What are the laws allowed and not allowed to do?

Hello,
I thought it would be smart to start a thread involving people that know about marijuana laws, so the forum community can be better educated about what policemen are allowed to do, and not allowed to do if they suspect you have marijuana in your car or home. Hopefully this will prevent victimization.


So, What if you got pulled over right after you were smoking marijuana.... the car smells like weed, there is no weed in sight, but there is weed in the car, and the cop asks you if you are high... is it smart to lie or tell the truth? What if he asks to search the car? is it smart to say no or yes? What are they allowed to do and not allowed to do in this situation?

 

In essence, the cops are "allowed" to do whatever the fuck they want. You can cry and bitch and moan to the courts after the fact if you feel your rights have been violated, but unless you have a damn good case of police brutality or unnecessary force or something, it will probably be thrown out. And unless you're caught doing some heavy trafficking, in most cases the weed fine you will incur will not justify what you'll spend on the legal and court fees.

If your car smells like weed, regardless if there is weed or paraphernalia in plain sight, it is probable cause to search. In that case, if you go the route of lying, you better have a damn good stash spot and HOPE the dogs are not called in. That's the only way you're not going to get busted in that situation. Lying just pisses them off, so if you just have a small amount on you it's best to just fess up and take the hit. If the cop says he smells weed, whether he's lying or not, but you don't have anything on you and you can keep yourself composed enough to not appear stoned off your ass, then you have nothing to worry about so let him search and come up empty handed.

Honestly, it's not that hard to refrain from smoking in your car and that's the best way to not get busted, so just don't do it. If you must transport weed, 1. carry only the minimum necessary amount, no more than what you could quickly eat if it came down to it, or 2. have a damn good stash spot and don't give the cop reason to suspect you're carrying so as to avoid having the dogs called out, because they WILL find it.

And one last thing: don't drive like an asshole to avoid getting pulled over in the first place :sifone:

 

I dont smoke marijuana in my car because, I have a $79,000 home to do that in..

 

If you are pulled over and your car noticeably smells like weed, it doesn't matter what you say, your car is getting searched.

Don't say you are high though, that's a DUI.

 

Depends, on if the cops have a roadside test kit or not and how whacked you look.

Could just say you dropped a mate off who was smokin a reefer in the car.

Just dont smoke reefer and drive at the same time, not the smartest thing to do

 

thanks for the replys guys...

I also heard that if you have weed in the car, but you didnt smoke and your car does not smell, and you get pulled over and the cop wants to search ur car, you CAN say NO and then he can call the K9 unit and if the dogs dont smell anything then there is nothing he can do...


Are cops allowed to force your car gettin searched? can't they just make up an excuse for 'reasonable' cause to search? is there anything that can be done to prevent that?

 

If they want to search your car they will, its better to let them, Use one of those magnetic spare key holder to put your weed etc in then put it in the engine bay somewhere, if the cops search the car they normally just look in the car and boot and dont check the engine. Just dont give them an excuse to bring the dogs out

Sometimes they will fall off if ya hit a bump and so put it somewhere so if it drops you can retrieve it.

Heres a link:

preparedness.com/mahicaandspk.html

They cost about $10

 

I got pulled over a few years back and the cop searched my car. Let me set the scene for you...
Dreads, hippie skirt, hemp jewelry, cig case wrapped in hemp, patchoulli perfume.

The cop says "Do you mind if I search your car"
Me: "Uh...I guess"
So he searches my car (Mind you I was not 21 and had a trunk full of beer)
Then he asks me "You're not gonna' try and lie and say you don't smoke weed are you?"
Me: "Uh...yeah, I smoke"
Cop: "So is the reason you stuttered when I asked if I could search you was because you weren't sure if you had anything on you?"
Me: "Uh...yeah?"
The cop then says "Well I appreciate your honesty! Most people would've tried to lie"
Anyways, he said he found some seeds on the floorboard (Which is bs, the weed I smoke doesn't have seeds! lol) but said he wasn't gonna do anything because I was honest.
We both had a good laugh and nothing ever came of it.

Moral of the story: BE HONEST! (Being cute doesn't hurt either )
Oh, and they can't search your trunk unless they find anything in the cab.

Safe driving everyone!

 

As others have said smelling weed is proable cause for a car search. The thing about cars is that the threshold to search them is very low, because you don't have what's called an "expectation of privacy" which basically means that if a cop wants to search your car they can find a reason that will hold up in court. Best not to smoke in your car. If you must transport in a car make sure the cops have no reason to pull you over in the firstplace, by insuring that your car is properly registered and in good working order, you follow all traffic laws, don't drive agressively, and don't blast loud music.

 

the way to get out of traffic stop without being arrested or getting ticketed takes a unique combination of:
a)politeness-they are only looking for lg. amounts, and anything you do to make their jobs easier will make your life easier.
b)knowledge- know your rights! find out when you must consent to a search and when you have a choice.
c) be smart- don't smoke in your car, smell is probable cause. don't carry enough to get yourself a felony charge.

i have been pulled over a couple of times and my car was searched once because of smell (it had been a long time since anything had been smoked in there), and once because there was a cigar in my cupholder (paraphernalia). The first time I had no green, the second time I managed to stash two nicks in my lady parts (sorry guys). The only thing they found both times was a roach from and old blunt. I don't know how it ended up in the car...but, they let me go both times so...

Be nice. Don't act sketch. But, also, don't get taken advantage of.

 

What if you accidentally lock the car as your getting out?

 

"I do not consent to any searches. I'm going to remain silent."

That's literally all you need to know.

 

i can't believe how many people have said that cooperation and coming clean is best. fuck that shit.

dont ever say that you have anything on you. or that you smoke. dont ever GIVE them the fact that you do something illegal - whether or not you're doing it then or not. dont make their job easier. make 'em work for it.

by "being honest" and saying you've got weed on you, you're incriminating yourself. you're automatically guilty at that point. YOU made the choice to possibly fuck yourself over. being honest with a cop will only get you so far, at best. it's their job to charge you with something.

never, EVER consent to a search. dont get fooled by their questioning ("do you mind if i take a look in your car?" yes and no can both mean the same AND different things) even if they do wind up searching your shit, you still have the opportunity to fight it in court. as long as you maintained that you didnt consent to the search, you've got a chance.

to repeat myself, DONT CONSENT or give them any evidence against you. you're basically just turning yourself in willingly. make them prove that you're guilty. that's how the law is supposed to work anyways.

and yes, just avoid smoking in your car in general - especially if you're moving weight.