You know how most people say dont talk to the police. Well earlier i was innocent but i decided not to talk to the police in case they try to incriminate me. Well when they asked if i choose to speak or no. I say no they handcuff me and took me to jail. My friends told them what happened so the police let them go free... My friends and I were smoking from a vaporizer in a parking lot of an abandon building. The police saw us and asked us to get out of the car. In the car there were less than a gram of marijuana, a vaporizer. Its my friend's car. When the police asked my friend to search his vehicle, he accepted. So they got the dog and found the weed and vaporizer. I sat in the passenger seat. Its not my weed or vaporizer. Always i was charged with possession of the vaporizer. http://www.pcsoweb.com/InmateBooking/SubjectResults.aspx?id=1383378
I watched this video
im thinking about fighting the charge because the police arrested me without any proof that the paraphernalia is mine. I was not on me, it was in the vehicle with was not mine. They just arrested me and made up the charge because i chose not to talk.
Wait so you actually had bail on a paraphernalia charge? That's messed up man... what state do you live in? If I were you I'd get a consultation with a lawyer b/c this whole thing sounds like bullshit.
If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
wait i'm confused, is it just me but do these two statements conflict? (it really may be just me cause it's 3am and my brain is fried from studying) "My friends and I were smoking from a vaporizer in a parking lot of an abandon building." and "Well earlier i was innocent but i decided not to talk to the police in case they try to incriminate me." Still bullshit that they arrested you for the sole reason of choosing to exercise the 5th.
either way, tough break man. i rarely smoke, but when I do, it's never in public places. Only at people's houses and stuff.
btw, it's awesome that you smiled in your mugshot. you should put that as your picture in the TL gallery
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
Do you have the option to not let the police search the car? I know you have the right from unwarranted searches, but as with all rules there are exception to thi rule. Does it apply in this case?
I don't know why you just didn't talk to the police. Who the hell said to you "don't talk to the police"? If you cooperate with them they are wayy more likely to cooperate with you. Even if they did incriminate you, who cares? If you don't talk you will get in trouble anyway, just be honest about it.
I got pulled over speeding last week. I noticed the cop behind me right away who just barely blinked his lights. I pulled over right away, and parked. All he did was pull up beside my car and tell me to slow down, and drove off. If I gave him hassle and didn't pull over I am sure he woulda ticketed me.
I guess now you know though. They are everyday people too so best to just cooperate with them.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
yeah don't agree with this @ all btw. Maybe we just have nicer cops in Canada. Either that or you just have a bunch of illegal things in your car and I don't so I am not worried about a cop searching my car.
On December 07 2009 17:25 resonance wrote: I don't know why you just didn't talk to the police. Who the hell said to you "don't talk to the police"? If you cooperate with them they are wayy more likely to cooperate with you. Even if they did incriminate you, who cares? If you don't talk you will get in trouble anyway, just be honest about it.
I got pulled over speeding last week. I noticed the cop behind me right away who just barely blinked his lights. I pulled over right away, and parked. All he did was pull up beside my car and tell me to slow down, and drove off. If I gave him hassle and didn't pull over I am sure he woulda ticketed me.
I guess now you know though. They are everyday people too so best to just cooperate with them.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
yeah don't agree with this @ all btw. Maybe we just have nicer cops in Canada. Either that or you just have a bunch of illegal things in your car and I don't so I am not worried about a cop searching my car.
You live in Canada lol... Here in America everyone is taught a young age NEVER to talk to the cops. Also, this is not a traffic ticket but a drug charge. I know this probably sounds just insane to you, but in the good'ole USA, especially in the Southern states, marijuana (especially when it is in the possession of minorities) is taken very seriously.
Yeah I went to jail on a threats to kill charge when the guy wasn't even around to hear me say I was gonna "frickin' murder him". I didn't even use his name. They said it was a felony so I was like uhhhh can i talk to a lawyer first and they're like sure right after you post $10000 bail, off to jail.
You are innocent until proven guilty in a court of law. Outside of the courtroom, nobody gives a shit.
when cops force you to do things that you do not want to do, ask them if you have a choice, if they lie and say that you don't, you can prosocute them. that way you can make sure they are not overstepping the boundaries of their job
On December 07 2009 17:25 resonance wrote: I don't know why you just didn't talk to the police. Who the hell said to you "don't talk to the police"? If you cooperate with them they are wayy more likely to cooperate with you. Even if they did incriminate you, who cares? If you don't talk you will get in trouble anyway, just be honest about it.
I got pulled over speeding last week. I noticed the cop behind me right away who just barely blinked his lights. I pulled over right away, and parked. All he did was pull up beside my car and tell me to slow down, and drove off. If I gave him hassle and didn't pull over I am sure he woulda ticketed me.
I guess now you know though. They are everyday people too so best to just cooperate with them.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
yeah don't agree with this @ all btw. Maybe we just have nicer cops in Canada. Either that or you just have a bunch of illegal things in your car and I don't so I am not worried about a cop searching my car.
You live in Canada lol... Here in America everyone is taught a young age NEVER to talk to the cops. Also, this is not a traffic ticket but a drug charge. I know this probably sounds just insane to you, but in the good'ole USA, especially in the Southern states, marijuana (especially when it is in the possession of minorities) is taken very seriously.
Edit: Yea see OP's vid
Uh I was always told to be cooperative with police. I mean like was said before if you don't your pretty much fucked as they can still get you and its just worse because you were hiding it. I mean in certain cases yes you can probably use the don't talk thing to your advantage but its a case by case basis, if you were "innocent" then you should always talk to police.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
Probable cause?
The cops know whether they have probable cause. You do not. Thus, you should never consent to a search because if you don't consent and they don't have probable cause, anything they find cannot be used as evidence.
On December 07 2009 17:42 Slaughter wrote: Uh I was always told to be cooperative with police. I mean like was said before if you don't your pretty much fucked as they can still get you and its just worse because you were hiding it. I mean in certain cases yes you can probably use the don't talk thing to your advantage but its a case by case basis, if you were "innocent" then you should always talk to police.
There is no criminal charge that can be worsened just because you didn't cooperate with the police... unless we're talking about plea deals (which we aren't)
On December 07 2009 17:25 resonance wrote: I don't know why you just didn't talk to the police. Who the hell said to you "don't talk to the police"? If you cooperate with them they are wayy more likely to cooperate with you. Even if they did incriminate you, who cares? If you don't talk you will get in trouble anyway, just be honest about it.
I got pulled over speeding last week. I noticed the cop behind me right away who just barely blinked his lights. I pulled over right away, and parked. All he did was pull up beside my car and tell me to slow down, and drove off. If I gave him hassle and didn't pull over I am sure he woulda ticketed me.
I guess now you know though. They are everyday people too so best to just cooperate with them.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
yeah don't agree with this @ all btw. Maybe we just have nicer cops in Canada. Either that or you just have a bunch of illegal things in your car and I don't so I am not worried about a cop searching my car.
You live in Canada lol... Here in America everyone is taught a young age NEVER to talk to the cops. Also, this is not a traffic ticket but a drug charge. I know this probably sounds just insane to you, but in the good'ole USA, especially in the Southern states, marijuana (especially when it is in the possession of minorities) is taken very seriously.
Edit: Yea see OP's vid
Uh I was always told to be cooperative with police. I mean like was said before if you don't your pretty much fucked as they can still get you and its just worse because you were hiding it. I mean in certain cases yes you can probably use the don't talk thing to your advantage but its a case by case basis, if you were "innocent" then you should always talk to police.
You can cooperate without giving them the right to search your stuff or talk to you. Literally just tell them you don't consent to a search and you want your lawyer. Even if you're innocent you do this to protect yourself from giving the cops information that might get you in more trouble.
Happened to me in high school. Redneck cops pulled my friend over for not using blinker to switch lanes, then decide to search us for no apparent reason. They found literally a few seeds and marijuana dust in a cigarette wrapper under the car seat and handcuffed and took all three of us to the station. i had to get a fucking lawyer and work a deal for 100 hours community service and go to this addiction center with random drug tests for like 4 months. Totally ruined that year of high school. I guess this is why I now hate cops and find the US drug laws beyond nazi Germany insane.
And no, we really didn't have a choice in the car search, they were putting their hands on their guns and screaming lol.. this is in a small South Carolina town btw, I'm out of there now up in Maryland thank god.
edit: 1000th post..only took slightly over 7 years :p
Not cooperating with the cops is a straight ticket to jail in my experience. Not saying you should or shouldn't talk, that's up to you, but you have to realize you will probably spend a night behind bars if you don't.
As one of the resident criminal defence lawyers on this website, I congratulate you.
Now, get yourself a lawyer. You might have had to front some bail money (which I presume you get back in your state at the end), but your friends definitely wear the drug charge (or perhaps some form of police caution depending on your local laws) and you dont; based upon what you've said they don't have enough for the possession charge. They're just being typical police officers; they feel slighted because you wouldn't talk and now they're basically charging you just to piss you off. I see this shit all the time.
Well done for having the clarity of thought to retain your right to silence.
On December 07 2009 17:46 zatic wrote: Not cooperating with the cops is a straight ticket to jail in my experience. Not saying you should or shouldn't talk, that's up to you, but you have to realize you will probably spend a night behind bars if you don't.
I see it the same way too. From my limited experience and my friends' vast experience, if you cooperate with the cops, you'll probably be better off than if you don't. granted that this is only for minor infractions (Minor in Possession, Drunk and Disorderly/Drunk in Public, and once a friend was pulled over for a suspected DUI (which he was, and no, i don't think this is just a minor infraction) but he cooperated with the cops and all that ended up happening is that he spend a night in the drunk tank. no charge, not even MIP. (probably a big reason he didn't get charged with anything is because the cop asked what he wanted to do with his life and my friend said he wanted to be a marine, so idk if the cop had a soft spot for that or what))
On December 07 2009 17:46 zatic wrote: Not cooperating with the cops is a straight ticket to jail in my experience. Not saying you should or shouldn't talk, that's up to you, but you have to realize you will probably spend a night behind bars if you don't.
I see it the same way too. From my limited experience and my friends' vast experience, if you cooperate with the cops, you'll probably be better off than if you don't. granted that this is only for minor infractions (Minor in Possession, Drunken Disorderly/Drunk in Public, and once a friend was pulled over for a suspected DUI (which he was, and no, i don't think this is just a minor infraction) but he cooperated with the cops and all that ended up happening is that he spend a night in the drunk tank. no charge, not even MIP. (probably a big reason he didn't get charged with anything is because the cop asked what he wanted to do with his life and my friend said he wanted to be a marine, so idk if the cop had a soft spot for that or what))
I actually agree with this. If it's not a felony, sure, cooperate, since the costs of not cooperating are likely to outweigh the benefits in that case. But I stand by my assertion that you should NEVER consent to a search, no matter what.
On December 07 2009 17:25 resonance wrote: I don't know why you just didn't talk to the police. Who the hell said to you "don't talk to the police"? If you cooperate with them they are wayy more likely to cooperate with you. Even if they did incriminate you, who cares? If you don't talk you will get in trouble anyway, just be honest about it.
I got pulled over speeding last week. I noticed the cop behind me right away who just barely blinked his lights. I pulled over right away, and parked. All he did was pull up beside my car and tell me to slow down, and drove off. If I gave him hassle and didn't pull over I am sure he woulda ticketed me.
I guess now you know though. They are everyday people too so best to just cooperate with them.
On December 07 2009 17:10 motbob wrote: If your friend were as smart as you, you wouldn't be in this mess. Remember kids, never ever let the police search your car even if you're innocent. Who knows... a friend might have left something incriminating in the back seat and there's absolutely no need to take that chance.
EDIT: and yeah, get a lawyer.
yeah don't agree with this @ all btw. Maybe we just have nicer cops in Canada. Either that or you just have a bunch of illegal things in your car and I don't so I am not worried about a cop searching my car.
You live in Canada lol... Here in America everyone is taught a young age NEVER to talk to the cops. Also, this is not a traffic ticket but a drug charge. I know this probably sounds just insane to you, but in the good'ole USA, especially in the Southern states, marijuana (especially when it is in the possession of minorities) is taken very seriously.
Edit: Yea see OP's vid
Uh I was always told to be cooperative with police. I mean like was said before if you don't your pretty much fucked as they can still get you and its just worse because you were hiding it. I mean in certain cases yes you can probably use the don't talk thing to your advantage but its a case by case basis, if you were "innocent" then you should always talk to police.
You can cooperate without giving them the right to search your stuff or talk to you. Literally just tell them you don't consent to a search and you want your lawyer. Even if you're innocent you do this to protect yourself from giving the cops information that might get you in more trouble.
Watched some of the video. Makes sense, but I think it's situation-dependent. Maybe because I live in BC, I don't think getting caught with pot would be a big deal, so I would just admit it because the charge probably wouldn't be very big. However if the cops were questioning me about something that would have a bigger charge, then I think not talking would be better. But if it was small like a pot charge then I still think it would be better off to just cooperate considering a person could probably get a bigger charge just b/c he or she didn't cooperate. Cut losses type of thing.
Interesting video though, didn't know any of that really.
One time I DUI'd up a through a fire hydrant, up a porch and almost into someones living room. When the cops came they threw me in the backseat and the girl cop was talking shit saying I was gonna go to jail and not gonna be able to drive for along long time. Then me and the guy cop after he collected stories from my friends had a long chat face to face with me standing on my feet and he decided to let me go.
Explain yourself and lie if you are in the wrong, not talking to police is stupid and makes you look guilty as fuck.
not talking to police makes you look guilty? lol thank god you aren't a lawyer.
I know a quite a few lawyers, cops, have almost been arrested before and hell even served jury duty and talked to defense lawyer. Everyone will tell you the same thing - DO NOT TALK TO POLICE.
Sure you got off because the cop liked you, but that won't always be the case. You can talk if you want if it's for something like a speeding ticket or I guess marijuana. Most of the time you'll just be setting yourself up for confession that you didn't even know about. "Not talking to police because it makes you look guilty" is the same logic morons use and tell on themselves at the first sign of questioning. There's a major reason in every movie when you see the suspect get arrested the first thing he/she says is they aren't saying shit until they see a lawyer.
On December 07 2009 18:34 MiniRoman wrote: One time I DUI'd up a through a fire hydrant, up a porch and almost into someones living room. When the cops came they threw me in the backseat and the girl cop was talking shit saying I was gonna go to jail and not gonna be able to drive for along long time. Then me and the guy cop after he collected stories from my friends had a long chat face to face with me standing on my feet and he decided to let me go.
Explain yourself and lie if you are in the wrong, not talking to police is stupid and makes you look guilty as fuck.
Holy shit, please for the love of anything you hold sacred... DO NOT TAKE THIS MAN'S ADVICE.
always cooperate with cops if you are already busted. They will go much easier on you with drug and alcohol crimes if you do that. At least that is how it is where I live. I have avoided being arrested many times by just handing over my pot or pipe.
I've had some runins with the po-po and in general you should just stay calm and keep quiet or say the same things you've already said over and over.
Once aaages ago me and a friend got busted for some stupid shit at a nightclub and when I was being questioned some weeks later I was just saying I don't remember. And the time when I was thrown into jail when defending a friend of mine who got into a fight outside this club I also said nothing. Funny thing is, both things disappeared without consequences
I've been caught 3 times with weed and/or hash and I was always cooperative. I was never charged of anything and they just let me go. I wasn't carrying a large quantity though. Also, the max legal quantity here is 5 grams of hashish and 25 grams of weed. So if you get caught and you admit everything you won't be charged.
On December 07 2009 17:46 zatic wrote: Not cooperating with the cops is a straight ticket to jail in my experience. Not saying you should or shouldn't talk, that's up to you, but you have to realize you will probably spend a night behind bars if you don't.
Well, Germany is a bit different compared to the US. There is a really good guide called BUSTED: The citizen's guide to surviving police encounters:
In comparison to that (for German speakers), some enlightenment on police methods and house searches with a focus on file sharing in Germany by Udo Vetter (lawblog.de):
Seems to me that the civil rights in the U.S. are a bit more extensive.
On December 07 2009 17:46 zatic wrote: Not cooperating with the cops is a straight ticket to jail in my experience. Not saying you should or shouldn't talk, that's up to you, but you have to realize you will probably spend a night behind bars if you don't.
Well, Germany is a bit different compared to the US. There is a really good guide called BUSTED: The citizen's guide to surviving police encounters: http://www.youtube.com/watch?v=yqMjMPlXzdA
Seems to me that the civil rights in the U.S. are a bit more extensive.
They are pretty much comparable. Thing is the cops don't give a fuck about your rights when you don't cooperate - they'll just throw you in jail anyway because they know it's probably not worth it for you to press charges.
Last time I got arrested essentially for walking to the cab stand just because I refused to cooperate in any way. They even forcefully strip searched me with 3 guys holding me down, took all my stuff like cell phone, shoes and threw me in the cell for the night. Charged 100 Euro for this service too.
I protested to the police chief in full detail and all I got was: No, the officers didn't do anything wrong, but we are going to drop the 100 euro charge.
Another time I was on my way to a football game and we got pulled over and they asked us to let them search the car. If we wouldn't have they'd take us to the police station since one of us didn't have ID. Sure we could have protested and refused and missed a football game.
It's always the same pattern. They overstep their boundaries if they know it's too costly for you to go after them.
lol i dont have any experiences with the police but yea i heard they can be dicks sometimes.
omg people getting worked up because he posted his info on the web. i wouldnt know what the fuck to do with his social security number anyway... who cares?
Getting arrested for a little Weed? Strange. Getting arrested for a little Weed that doesn't even belong to you? Ridiculous. Still smileing on the police photo? Were you high? ^^
Good job not talking to the cops. Not only can it get you in trouble, but overall if people don't exercise their rights, they will lose them. Cooperation is different than giving up rights. Everyone's lives will be better, including theirs, if they know in the back of their minds that people are respectful but not submissive to authority.
Don't talk to the police is reserved for real crimes, not a bunch of fucksticks who decided to smoke a tiny bit of pot in a parking lot like a bunch of retards, with a fucking vaporizor of all things. For your stupidity alone, you deserve some kind of incarceration. People like you are the reason why stoners get a bad rap. You idiots were going to drive high as balls with bud and a vap. You're lucky the driver didn't hit with some kind of charge for operating a vehicle while under the influence of a cdc. You weren't innocent, despite your contentions, jackass.
Talking/not talking is irrelevant in that situation. They fucking saw you with a vap, which is kind of hard to miss and sure as shit impossible to hide. If the driver got nothing to hide (ounces in the trunk, a dead body, etc), it's better to talk to the cops in that situation, regardless of where you are. If you don't talk and don't allow them to search, they're just going to impound the car until they get a warrant—you're fucked either way and they'll find whatever you're hiding and you're definitely getting charged with every little thing they can cook up. Allowing them to search may possibly get you off with something stupid, like a fine for obstructing view by having soemthing hanging from your rearview mirror.
For the love of god, if you get pulled over for smoking a little doobie in the car, just fucking cooperate if you don't have anything else in the car and you'll have a chance of getting out of it, depending where you are.
I have seen so many videos and still don't know what to do! It seems like everything that should "technically" work never does because of bullying cops etc...
On December 07 2009 17:53 Brett wrote: As one of the resident criminal defence lawyers on this website, I congratulate you.
Now, get yourself a lawyer. You might have had to front some bail money (which I presume you get back in your state at the end), but your friends definitely wear the drug charge (or perhaps some form of police caution depending on your local laws) and you dont; based upon what you've said they don't have enough for the possession charge. They're just being typical police officers; they feel slighted because you wouldn't talk and now they're basically charging you just to piss you off. I see this shit all the time.
Well done for having the clarity of thought to retain your right to silence.
If you are, as the OP suggests, innocent, and the crime you're charged for is minor, what's the harm in telling the truth to the police? They're just people doing their job. I know people tend to forget it once in a while, but the police are pretty useful, keeping the general public safe and all.
I've never had a bad experience with a cop, probably because I've never killed anyone, but also because I've never been confrontational. I know what I've done right, I know what I've done wrong, and I don't think we live in such an oppressive state where staying calm and explaining the facts can cause you trouble.
If it was in your friend's car he should have been the one charged. I would go to court and bring up that you were exercising your rights. It sucks that you had to go to jail but I bet if you fight it you'll get a smaller fine, or possibly even just a warning.
edit: I should add, though, that if you get caught smoking weed and are honest with the cops about it you'll get off every time. I've been caught smoking weed in public multiple times (but not since I got out of high school a few years ago), even while driving. Every time I've been up front about it and level-headed, and I've got off scot-free.
Also, when they ask to search you, if you're being reasonable you can simply decline their request. Yes, it works. Just say "I'd rather you not search my car, sir." Easy as that!
On December 07 2009 17:40 puppykiller wrote: when cops force you to do things that you do not want to do, ask them if you have a choice, if they lie and say that you don't, you can prosocute them. that way you can make sure they are not overstepping the boundaries of their job
This is right alot of times when it comes to search and seazure without them able to like see it plain on you or though a window they need proof of someone doing harm to search without your permission or warrant. So they will ask you questions,if you can't separate their questions from their politely worded statements well that's just sad for you, which you need to be careful about answering if you're stupid enough to incriminate yourself that's your failure.
Ofc frankly smoking in a parking lot lol? I do not support illegal actives of any sort but frankly going about your actives like dumbasses wont help you
Was i the only one who laughed when the policeman said that "interviews in places like spain and italy start out physical"? And that they could do whatever they wanted there? ahahahahahaha. I'd be surprised if he'd ever traveled outside the us, let alone been part of any international investigations. Did he think he was mentioning burma or something? lol^^ loved that guy. Especially when he went on to more than imply that you're guilty until proven innocent once you're in a defendants chair.
Also, i really wish i knew more about norwegian law, because i'm pretty sure non of this shit applies to me.... unless i'm stupid enough to sign something incriminating. Then again... we don't really have the jury system, which is just a joke. I really shouldn't get into it cause i dunno enough about it to speak up against a counter argument, but i couldn't help myself
On December 07 2009 20:50 zatic wrote: It's always the same pattern. They overstep their boundaries if they know it's too costly for you to go after them.
I agree with this. I've met too many police officers who shouldn't be in the police force, because they come across as bullies and have empathy issues.
A buddy of mine was telling me how him and his other friends were smoking a couple of joints during a camping trip when a officer stopped by and checked on them. My buddy had a joint rolled up behind his ear and the cop saw it, took it, and said it was marijuana which it was. So my buddy and my buddies friend got busted for it and went to court. My buddies friend represented himself and had to pay $$$ fine. My buddy however got a lawyer and my buddy got off because the lawyer said it was an illegal search.
On December 08 2009 04:23 omfghi2u2 wrote: I would try fighting it, you never know.
A buddy of mine was telling me how him and his other friends were smoking a couple of joints during a camping trip when a officer stopped by and checked on them. My buddy had a joint rolled up behind his ear and the cop saw it, took it, and said it was marijuana which it was. So my buddy and my buddies friend got busted for it and went to court. My buddies friend represented himself and had to pay $$$ fine. My buddy however got a lawyer and my buddy got off because the lawyer said it was an illegal search.
So like I said, I would try fighting it.
Where did a cop seeing a joint behidn an ear constitute an illegal search?
On December 07 2009 20:50 zatic wrote: It's always the same pattern. They overstep their boundaries if they know it's too costly for you to go after them.
I agree with this. I've met too many police officers who shouldn't be in the police force, because they come across as bullies and have empathy issues.
Regrettably a large majority of American police are described by your post. At the risk of sounding like an emo teen playing die-hard anarchist; I honestly think my distrust has reached to the point where I doubt I would even call them for violent crimes occurring around me. With the exception of a single officer, every Policeman I've encountered has been borderline abusive, obnoxious and worthless.
Also I find it entertaining that I used to be against civilian firearms, but my experiences with the wondrously inept policeman of my cities have convinced to purchase a handgun. Kind of hilarious that the Public servant charged with my protection is the one I view as the biggest threat.
I've found it beneficial to cooperate with the police. One time I was pulled over, cop shone his flashlight into my car and was like, "is that weed on your friend's lap?" "yeah lol" "burn run?" "yup" "can we look around your car?" "sure" "yeah there's a weed in there. Don't smoke and drive, it isn't decriminalized yet" "ok will do" "ok have a nice night" "you too, see ya"
was blazed out of my mind so this was hilarious at the time, although a bit scary.
Find a woods to smoke in, less comfortable (and no electricity) but smoking a blunt in nature is the shit and it's hard to spot you. Smoking in shady parking lots = stupid choice. If you insist on smoking in cars, go find a suburban culdesac and park behind one of the cars on the street, in between lightposts, and blaze away. Blending in = best defense.
On December 08 2009 04:23 omfghi2u2 wrote: I would try fighting it, you never know.
A buddy of mine was telling me how him and his other friends were smoking a couple of joints during a camping trip when a officer stopped by and checked on them. My buddy had a joint rolled up behind his ear and the cop saw it, took it, and said it was marijuana which it was. So my buddy and my buddies friend got busted for it and went to court. My buddies friend represented himself and had to pay $$$ fine. My buddy however got a lawyer and my buddy got off because the lawyer said it was an illegal search.
So like I said, I would try fighting it.
Where did a cop seeing a joint behidn an ear constitute an illegal search?
It could've have been a rolled up cigarette so the cop had no legal grounds to search them.
On December 08 2009 04:23 omfghi2u2 wrote: I would try fighting it, you never know.
A buddy of mine was telling me how him and his other friends were smoking a couple of joints during a camping trip when a officer stopped by and checked on them. My buddy had a joint rolled up behind his ear and the cop saw it, took it, and said it was marijuana which it was. So my buddy and my buddies friend got busted for it and went to court. My buddies friend represented himself and had to pay $$$ fine. My buddy however got a lawyer and my buddy got off because the lawyer said it was an illegal search.
So like I said, I would try fighting it.
Where did a cop seeing a joint behidn an ear constitute an illegal search?
It could've have been a rolled up cigarette so the cop had no legal grounds to search them.
Wait, I know the possession of weed is illegal but is smoking it legal? If it isn't, you have got no case.
Because it does not matter whether or not you believe the law is stupid, the fact is it is the law and you broke it and it is the police's job to uphold the law no matter how silly or wasteful you think it is.
Yes, if you had a self rolled joint on your year, that warrants a police search of the car because that is more than enough reason(even evidence) to warrant a search based on suspicion.
GG, next time you smoke pot illegally, dont put the evidence behind your ear.
On December 08 2009 04:59 lone_hydra wrote: Wait, I know the possession of weed is illegal but is smoking it legal? If it isn't, you have got no case.
Because it does not matter whether or not you believe the law is stupid, the fact is it is the law and you broke it and it is the police's job to uphold the law no matter how silly or wasteful you think it is.
Yes, if you had a self rolled joint on your year, that warrants a police search of the car because that is more than enough reason(even evidence) to warrant a search based on suspicion.
GG, next time you smoke pot illegally, dont put the evidence behind your ear.
The police just stumbled upon them because it happened to smell in the area.
And GG you son because my buddy doesnt have shit on his record. Though he paid the same amount as the fine for the lawyer.
On December 08 2009 04:23 omfghi2u2 wrote: I would try fighting it, you never know.
A buddy of mine was telling me how him and his other friends were smoking a couple of joints during a camping trip when a officer stopped by and checked on them. My buddy had a joint rolled up behind his ear and the cop saw it, took it, and said it was marijuana which it was. So my buddy and my buddies friend got busted for it and went to court. My buddies friend represented himself and had to pay $$$ fine. My buddy however got a lawyer and my buddy got off because the lawyer said it was an illegal search.
So like I said, I would try fighting it.
Where did a cop seeing a joint behidn an ear constitute an illegal search?
It could've have been a rolled up cigarette so the cop had no legal grounds to search them.
Haha that's awesome.
It also sounds like a load of shit. Not many people roll up their own cigs, and enough people do roll up their own joints to make it worth a search if he saw it. I really doubt a judge would throw out an entire conviction on those groounds
Unless the paraphernalia was within plain sight by just looking in the windows, your friends were complete idiots for inviting the cops to take a look inside. If it was out of sight, the cops would have needed a warrant to search the vehicle.
If it was in plain sight, I'd say chances are you would've gotten screwed in this state anyways, and they would've been bigger dicks about it. At this stage, I'd say get a lawyer. Don't let them intimidate you, you haven't done much of anything wrong.
...next time be smart about where you guys do this crap...
Cops are pretty much dicks from my experience. For example, I got a ticket for failure to stay in lane for pulling over for a fucking ambulance. Yea, What the fuck is that?
Second, I made a turn on a yellow light, (not one of those speedy yellows, but I was in the middle of the intersection when the traffic cleared). and got pulled over. The cop goes "You ran that red light right?" I said no, she then insisted I ran that red light, and I further insisted it was a yellow light. She gets pissed off and asks for license and proof of insurance, when I come back clean, she goes I'm only giving you a warning since she supposedly ran out of tickets, (who pulls people over for traffic violations if they don't have tickets) and then goes on to talk about rules of the road and how your suppose to stop for yellows trying to sound like I did something wrong and she's being nice. I guess her dumbass doesn't know you don't stop in the middle of an intersection for yellows.
Long story short, be careful when talking to cops. Most of them are dicks and try to get you to incriminate yourself.
I think 'don't talk to cops' is being misconstrued here.
If you get pulled over, and you think "Don't talk to the cops" means that you should clam up and not say a word, that's wrong. Initially, being friendly and courteous is likely to put them in the mindset to warn rather than go looking to write a ticket. Once they decide to charge you, there is no advantage to cooperation.
"Don't talk to cops" comes in at this point. It means that you admit no guilt. In the case of a speeding ticket, a cop may attempt to beguile you by getting you to admit that you may have been going only a few miles above the speed limit. They'll make it seem like its no big deal. The problem there is you've admitted guilt, and the fact that it was a minor infraction doesn't matter. Speeding is speeding after all! In this case, you maintain that you were going the speed limit. Make the cop work to prove your guilt, rather than admitting it and making his job easy.
And never ever consent to a search, especially when you've something to hide. It is easy for a cop to claim probable cause, but more difficult to make that stand up in court. If you can beat the probable cause, you've beat the charge, and consenting to a search robs you of a possibly easy way to evade the charge.
Basically, it comes down to a scale where you cooperate with a cop less the more they want to charge you with something. Be courteous at first, but don't consent to searches. And once they've arrested you, say nothing!
There is a huge difference between not cooperating, and knowing your rights. You should always cooperate (i.e. do what the cops say & answer any appropriate questions, or admit things that they already know), but that doesn't mean you have to give them permission to search your car or self incriminate.
The cops clearly knew you were smoking up, otherwise you wouldn't have had an issue in the first place, if they saw you doing anything or smelt pot thats probable cause right there, and since they found weed and a vapo in the car that makes at least one person in the car guilty.
My bet is that since you weren't saying shit your friends blamed it on you (intentional or not) to get off after the cops put pressure on them. The fact that you got a paraphanelia charge is bullshit though. There is no way they can prove the vapo is yours, so unless your friends blamed it on you the driver of the vehicle should be the one who is charged. Go get a consultation with a lawyer, but don't count on getting off scott free without your friends getting charged.
On December 08 2009 04:25 fanatacist wrote: 6'02 160? Damn son.
That sucks but chances are you will get fucked, unless your friend testifies that it was his shit.
Also: You are a fucking idiot for smoking pot in a parked car. Don't you people have houses/apartments to live in? If you smoke up in someones apartment/house, the odds of having a problem with police is instantly reduced to nearly zero unless you are trafficking and are on their radar for whatever reason. If you really have to smoke outside, roll a joint before you leave, and then take nothing but the joint. If the cops show up while you are smoking the joint, throw it on the ground & mash up the roach with your shoe or eat it before they see you smoking. Bringing a vaporizer in a car is just asking to get fucked, if you guys were smoking a J or two you wouldn't have had a problem.
Ok I'll throw in my 2 cents. As for my background, I've been arrested 2 times for weed, one of them a raid. And I also dated a girl that was in law school for 3 years and was her study buddy (among other things , so I know quite a bit. My best friend's dad is an attorney, and one of my dad's best friends is too. And most of my friends are stupid and multiple time convicts also.
u def did the right thing by not talking to the cops. it's not the admitting it was urs or not, but if you make a mistake, even the tiniest mistake, the cops of the US can and will run with it.
for example when i was raided I was pulled into interrogation once i got to the cop shop and this was the following convo "more or less" mind you all the evidence this raid pulled was: .5 g loose marijuana (one joint), 2 pipes. drug records dated from 04 (were from the night i got arrested, so it was ifne to have them, i had already been charged for that weed), a broken scale, and 22g's pulled from my friends coat (which he admitted was his and that we didn't know about it)
Cop: So listen man, we don't think ur dealing, u seem like a good guy, so who's dealing out of your house? Me: i don't know what you are talking about Cop: listen we know someone is dealing out of your house, y don't u tell us and we'll help you out. Me: i don't know what you're talking about Cop: well tell us this, how much weed you normally get? (at this point, i've had time to see what they r trying to aim for and devise a plan to get only a possession charge) Me: ehhh dimes, eighters, once in a while a quarter (in my state over a half allows manufacturing/delivering). Cop: O ok, who do you normally buy from Me: Idk, i just drive down to the hood and find some random guy to buy from Cops: We're wasting our time with you aren't we? Me: Yep
If i had said someone was selling out of my house they could have got a guaranteed Maintaining A Drug House, and a Possession conviction. If i had said i sold here or there, they would have got a Distribution Charge, Drug House, and Possession Charge. Instead I got raided and got a fucking basic "possession of marijuana" charge. bullshit slap on the wrist, and i was good to go. the good thing was my story was mostly true. i wasn't selling (ATM ) and found out months later my ex-roommate that moved out the night b4 the raid had sold to a undercover (knowing the guy was UC) so he could get some beer money b4 he left for FL.
Now if the cops fuck with me I'm gold: I got a Medical Marijuana Card, and am a card carrying member of all these groups: NORML, ACLU, MMMA, & SAFER.
You did the right thing, and they are going to have alot of trouble in court pinning the weed on u (if you get a lawyer, ALWAYS get a lawyer, preferably one that is a NORML lifetime member) unless your boys ratted you out. if your boys rolled on ur prolly fucked, but the good news is in most places (don't know which state ur in) a gram will be a fine and probation. If you get a good enuff lawyer prolly non-reporting probation which is the shit. With non-reporting 99% of the time u dont have to drug test and just mail in a sheet and some money each month and don't get arrested again.
but for future reference smoking in public is dumb. i would recommend against that ever again.
Edit: Saw an above poster, he is right, "Don't talk to the cops" doesn't mean don't say a word. Just don't say ne thing when it comes to them trying to trick you. You say your name, info, and that's about it. If they ask you "who's weed is this" that's when you STFU and "Don't talk to the cops".
On December 08 2009 06:18 GeneralStan wrote: I think 'don't talk to cops' is being misconstrued here.
If you get pulled over, and you think "Don't talk to the cops" means that you should clam up and not say a word, that's wrong. Initially, being friendly and courteous is likely to put them in the mindset to warn rather than go looking to write a ticket. Once they decide to charge you, there is no advantage to cooperation.
"Don't talk to cops" comes in at this point. It means that you admit no guilt. In the case of a speeding ticket, a cop may attempt to beguile you by getting you to admit that you may have been going only a few miles above the speed limit. They'll make it seem like its no big deal. The problem there is you've admitted guilt, and the fact that it was a minor infraction doesn't matter. Speeding is speeding after all! In this case, you maintain that you were going the speed limit. Make the cop work to prove your guilt, rather than admitting it and making his job easy.
And never ever consent to a search, especially when you've something to hide. It is easy for a cop to claim probable cause, but more difficult to make that stand up in court. If you can beat the probable cause, you've beat the charge, and consenting to a search robs you of a possibly easy way to evade the charge.
Basically, it comes down to a scale where you cooperate with a cop less the more they want to charge you with something. Be courteous at first, but don't consent to searches. And once they've arrested you, say nothing!
Yeah...by talking to the police, people really mean don't be retarded and admit your guilt before the thing has even gone to trial (whatever it is). If a cop asks you if you were going 60 in a 45 and you say you were only going 50...well look you just admitted guilt to speeding! Same with searches in the car. If a cop says "Can I search your car?" you say "I don't consent to any searches" and if they go ahead and do it anyway that's fine, but the court will then decide if they had probably cause.
Be friendly, but know your rights (and the right to shut the fuck up is #1 of them) is the key message here.
If Cops do something illegal, what are you going to do, spend $100,000+ trying to take it to the Supreme Court? Just leave the U.S.; it's for millionaires and slaves only.
On December 08 2009 04:10 cYaN wrote: Was i the only one who laughed when the policeman said that "interviews in places like spain and italy start out physical"? And that they could do whatever they wanted there? ahahahahahaha. I'd be surprised if he'd ever traveled outside the us, let alone been part of any international investigations. Did he think he was mentioning burma or something? lol^^ loved that guy. Especially when he went on to more than imply that you're guilty until proven innocent once you're in a defendants chair.
Also, i really wish i knew more about norwegian law, because i'm pretty sure non of this shit applies to me.... unless i'm stupid enough to sign something incriminating. Then again... we don't really have the jury system, which is just a joke. I really shouldn't get into it cause i dunno enough about it to speak up against a counter argument, but i couldn't help myself
I thought he was pretty clear that he was referring to what the jury might think, which seems plausible enough to me. You have no guarantee the a jury consists of educated and intelligent people.
I don't know anything about foreign police behavior though, so I can't comment on the rest.
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
On December 08 2009 04:59 lone_hydra wrote: Wait, I know the possession of weed is illegal but is smoking it legal? If it isn't, you have got no case.
Because it does not matter whether or not you believe the law is stupid, the fact is it is the law and you broke it and it is the police's job to uphold the law no matter how silly or wasteful you think it is.
Yes, if you had a self rolled joint on your year, that warrants a police search of the car because that is more than enough reason(even evidence) to warrant a search based on suspicion.
GG, next time you smoke pot illegally, dont put the evidence behind your ear.
The police just stumbled upon them because it happened to smell in the area.
And GG you son because my buddy doesnt have shit on his record. Though he paid the same amount as the fine for the lawyer.
Wait... thats like saying you stole some money, and the police just happened to to stumble onto you by following the pieces of dropped loot.
Good for your buddy, he must have a good lawyer to get himself out. This by no means you are the victim still as you guys did use an illegal substance and did get caught. Just did not get punished for it.
I still stand by my belief that the cops were right to investigate and do what they did. They got the scent of an illegal substance, investigated, found more evidence to warrant a search. Nothing wrong with that, just doing their jobs.
i loled at how you just smiled for your mug shot like it was your school picture or something haha. That was really dumb of your friend to let them search the car though
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
No you can't... if your buddy retardedly consented to a search of the vehicle then that means a full bumper to bumper search as well as anything inside the damn thing. Sadly that's the way it goes when you consent to a full on search like that. They also brought in a dog when you consented which would have given them the probable cause they would need to open that bag in the first place. You don't always need a warrant to search/arrest people. There are warrantless arrest authorities and once they arrest someone you can search incident to arrest in a great deal of cases.
I'm telling you from personal experience that if people actually knew how many civil rights they had and just how much they could say no to an officers job would be hard as hell. Fortunately (or unfortunately for some people) they have no clue whatsoever.
If your buddy will fess up to the fact that it is HIS drug paraphernalia then you will get off no problem. If you just point fingers at each other...chances are both of you will get nailed. In most states you can be charged with possession because you were in the same vehicle as the vaporizer...and the vaporizer had been very recently used. This means that you made no attempt to get away from the illegal paraphernalia and that's where they will hang you.
Also some advice from a guy that actually patrols...don't smoke in a god damn parked vehicle anywhere remotely close to an abandoned building. I and every other police officer in the united states looks there for people like you who are smoking it up in the car.
In general police don't give a shit what you do in your own home unless you're beating your wife...but your parked car? Yea, don't do it.
Well good luck with the case and don't land yourself in jail. I can't really provide advice, but awesome video there. This was the last thread I read at night and I was on the verge of collapsing. I doubted I could even do 5 minutes of Starcraft. But somehow, this video excited me to watch attentively for 45 minutes. It's one of the best videos ever on the subject.
The following is a typical scenario I've witnessed with courts in Lake county, Fl., for someone in your situation. (I am not sure how things will go for you in Pinellas, but we aren't very far apart so I would guess it is similar.)
The judge or hearing officer will read your charges, offer pre-trial intervention (PTI), and ask how you plead. (The judge will also make a decision whether this was a legit charge based on the info in the police report. There is a small chance that he or she will drop the charge at this time.) If the defendant tells the judge that it wasn't his item and he didn't know it was there, the judge will often then ask the defendant whether he wants to take a drug screen. If the defendant passes the screen, the charges will be dropped. If the defendant does not think he can pass the screen it is best to decline and accept the PTI.
In your situation, I suggest obtaining a copy of the police report to see what evidence they have directly linking you to the item (find out if your buddy squealed or if the officer witnessed you using the item). If there is a lot of evidence against you, the judge is less likely to give you the chance to take the screen.
Has a hearing date been set? If so, and it is coming up soon, ask the clerk if you can delay your hearing date until after the holidays. Stop doing drugs so you can pass the screen if given the chance. Ask for PTI or similar deal if you aren't offered the screen or can't pass the screen.
Acquiring a lawyer, pleading not guilty and going to trial will be costly. PTI isn't all that bad and the charges will be dropped if you comply with the terms.
Also, dress respectfully for the court. Most people around here walk in looking like trash. I believe you are more likely to receive a break if you dress respectfully.
If you really want to fight it, call an attorney. Most offer free initial consultations.
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
I AM A POLICE OFFICER AND I PATROL.
You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.
I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?
And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?
Thanks, feel free to answer all my questions or none at all.
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
I AM A POLICE OFFICER AND I PATROL.
You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.
I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?
And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?
Thanks, feel free to answer all my questions or none at all.
Party busts usually happen because teenagers are stupid...I'm being serious here. The main thing loud parties do is draw attention. Officers don't give a rats ass if your party is contained and indoors. Most wouldn't care if it was loud either but then people complain.
What happens is that they get too loud or roudy and the neighbor will call it in. Any call with a complainant HAS to be investigated by a police officer (at least here it does). If I get a noise complaint dispatched to me I'll generally see if it has a complainant or not. If not I'll drive by briefly to see how bad it really is and make my decision from there. If it does...well I have to knock on the freaking door, I have no choice.
Here is the thing. I'll normally tell you to keep it down and keep your party inside the house. As long as it isn't a habitual place of offense I'm more than willing to leave without busting a party. I was a teenager once too.
The issue is that there are usually empty beer cans outside, open beer cans in view, or I am forced back because they didn't listen to me the first time. Once I see any of those things I can go inside the house with a warrant...and they are pretty easy to get if you have probable cause.
If your backyard is FENCED IN an officer cannot just go back there and and peek through a backdoor. A fenced in area means it's part of the curtiledge of your home and thereby inaccessible without a warrant. Most officers I know personally would be too lazy to do this anyway.
Anyway around here as long as when an officer tells the party to shut the hell up and they do so...they will be left alone.
Smaller town cops generally have nothing better to do so they might be just a bit more aggressive in trying to get you with something. Just know this... answer the door with ONE person, make sure all open containers are out of sight of the doorway, and make sure the person answering the door is sober enough to communicate readily with an officer without flipping out. Keep your party inside the house if at all possible and every now and then one person should go outside to see if you can hear the party outside of the house.
Officers in big cities usually have other things to do than bust parties. Even on the rare circumstances I'm forced to do so I just make everyone go home. I have no desire to fill out 20000 booking slips to arrest that many kids who are just having fun anyway.
Oh yea, don't joy ride -.- That'll actually piss people off because you're starting to endanger other people.
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
I AM A POLICE OFFICER AND I PATROL.
You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.
I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?
And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?
Thanks, feel free to answer all my questions or none at all.
Party busts usually happen because teenagers are stupid...I'm being serious here. The main thing loud parties do is draw attention. Officers don't give a rats ass if your party is contained and indoors. Most wouldn't care if it was loud either but then people complain.
What happens is that they get too loud or roudy and the neighbor will call it in. Any call with a complainant HAS to be investigated by a police officer (at least here it does). If I get a noise complaint dispatched to me I'll generally see if it has a complainant or not. If not I'll drive by briefly to see how bad it really is and make my decision from there. If it does...well I have to knock on the freaking door, I have no choice.
Here is the thing. I'll normally tell you to keep it down and keep your party inside the house. As long as it isn't a habitual place of offense I'm more than willing to leave without busting a party. I was a teenager once too.
The issue is that there are usually empty beer cans outside, open beer cans in view, or I am forced back because they didn't listen to me the first time. Once I see any of those things I can go inside the house with a warrant...and they are pretty easy to get if you have probable cause.
If your backyard is FENCED IN an officer cannot just go back there and and peek through a backdoor. A fenced in area means it's part of the curtiledge of your home and thereby inaccessible without a warrant. Most officers I know personally would be too lazy to do this anyway.
Anyway around here as long as when an officer tells the party to shut the hell up and they do so...they will be left alone.
Smaller town cops generally have nothing better to do so they might be just a bit more aggressive in trying to get you with something. Just know this... answer the door with ONE person, make sure all open containers are out of sight of the doorway, and make sure the person answering the door is sober enough to communicate readily with an officer without flipping out. Keep your party inside the house if at all possible and every now and then one person should go outside to see if you can hear the party outside of the house.
Officers in big cities usually have other things to do than bust parties. Even on the rare circumstances I'm forced to do so I just make everyone go home. I have no desire to fill out 20000 booking slips to arrest that many kids who are just having fun anyway.
Oh yea, don't joy ride -.- That'll actually piss people off because you're starting to endanger other people.
Thank you for the well written response, I do appreciate it. I'll take this advice into consideration when...uh....advising others about parties.
Edit: Just curious, what type of area do you live in/patrol? I live in a suburban area myself.
I have a question regarding the whole rights thing, do they still apply to minors? I'm 17 (18 in march) and I was wondering If got pulled over for speeding or any other nefarious activities, do I have the right to remain silent?
Also, how does this work? I say hi and whatnot, but as soon as the questions start I say "plead the fifth?" kinda curious about how that works out.
thanks!
-EDIT- Also I live in FL...so yeah...
The only time I got pulled over was a few months ago (in July) just about 2 days after I got my license and I was on my way home, stopped at a red light trying to go left, a cop pulls in behind me fairly fast, I thought he was about to go after someone so I waited until there was no incoming traffic and took the left... needless to say he pulled me over. I told him what I thought was going to happen, gave him my license and info, and he just told me to be more careful (especially since I was a new driver, and I was a pretty shitty driver back then) and he took off. Although I think the only reason he let me off was cuz he felt sorry for me, I was shaking and stuttering (half on purpose, half out of genuine fear) and I "looked" like a good enough kid (glasses n whatnot).
On December 08 2009 09:01 Number41 wrote: In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)
If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
I AM A POLICE OFFICER AND I PATROL.
You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.
I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?
And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?
Thanks, feel free to answer all my questions or none at all.
Party busts usually happen because teenagers are stupid...I'm being serious here. The main thing loud parties do is draw attention. Officers don't give a rats ass if your party is contained and indoors. Most wouldn't care if it was loud either but then people complain.
What happens is that they get too loud or roudy and the neighbor will call it in. Any call with a complainant HAS to be investigated by a police officer (at least here it does). If I get a noise complaint dispatched to me I'll generally see if it has a complainant or not. If not I'll drive by briefly to see how bad it really is and make my decision from there. If it does...well I have to knock on the freaking door, I have no choice.
Here is the thing. I'll normally tell you to keep it down and keep your party inside the house. As long as it isn't a habitual place of offense I'm more than willing to leave without busting a party. I was a teenager once too.
The issue is that there are usually empty beer cans outside, open beer cans in view, or I am forced back because they didn't listen to me the first time. Once I see any of those things I can go inside the house with a warrant...and they are pretty easy to get if you have probable cause.
If your backyard is FENCED IN an officer cannot just go back there and and peek through a backdoor. A fenced in area means it's part of the curtiledge of your home and thereby inaccessible without a warrant. Most officers I know personally would be too lazy to do this anyway.
Anyway around here as long as when an officer tells the party to shut the hell up and they do so...they will be left alone.
Smaller town cops generally have nothing better to do so they might be just a bit more aggressive in trying to get you with something. Just know this... answer the door with ONE person, make sure all open containers are out of sight of the doorway, and make sure the person answering the door is sober enough to communicate readily with an officer without flipping out. Keep your party inside the house if at all possible and every now and then one person should go outside to see if you can hear the party outside of the house.
Officers in big cities usually have other things to do than bust parties. Even on the rare circumstances I'm forced to do so I just make everyone go home. I have no desire to fill out 20000 booking slips to arrest that many kids who are just having fun anyway.
Oh yea, don't joy ride -.- That'll actually piss people off because you're starting to endanger other people.
Thank you for the well written response, I do appreciate it. I'll take this advice into consideration when...uh....advising others about parties.
Edit: Just curious, what type of area do you live in/patrol? I live in a suburban area myself.
A top 10 major city >.> so very urban.
To the guy above me...being younger doesn't affect your civil rights. If anything it gives you even more protection.
Hey guys, Ima try to talk to my prosecutor to see if they can drop the charges. Who should i talk to? how do i know the people that gonna prosecute me. are they the district or state or county atourney
Honestly, if all you want is to stay out of trouble, the best way to deal with cops is to be straightforward and polite. "Sure I'll talk to you, officer." And then smile and don't say anything incriminating. If you're paranoid (which, in some situations, you should be, like if you're SMOKING ILLEGAL DRUGS IN PUBLIC ) you should record the conversation (just call an answering machine or something and put your phone on speaker). Don't agree to do anything you don't have to and don't want to (like let them search your car or stop recording), but other than that do your best to accommodate them. Cops for the most part won't go out of their way to fuck with you unless you've done something seriously wrong (give heroin to kids, punch old ladies) or annoyed them. Assuming you're a decent enough person not to commit any serious moral offenses, all you need to keep them off your back is to not annoy them, which is where you failed. Learning experience.
On December 09 2009 11:41 Ichigo1234551 wrote: Hey guys, Ima try to talk to my prosecutor to see if they can drop the charges. Who should i talk to? how do i know the people that gonna prosecute me. are they the district or state or county atourney
You're being charged by the state, they aren't going to drop the charges.
Edit: You should try contacting the arresting officer if anyone
OP video and the OP real life scenario are a testament how this shit doesn't really apply literally to life. Most cops are on power trips and will abuse their power often (even to the smallest degree- parking in handicap or red zone for prolonged period, getting a friend out of a minor moving violation ticket, etc). So if you flat out tell a cop you won't talk, you are taking his training and power of the situation away and he knows it. So he can defaultly take you down to the station with probable cause and blah blah. They will do everything they can to hassle you for hassling them and try to take back their power.
What you should have done is just said, "Am I under arrest? Are you going to read my Miranda rights to me?", If they say no and/or don't arrest you then you can simply say "I don't want to say anything incriminating against my friends or myself and choose not to speak". If they do arrest you, and do read you your rights you can say the same thing.
But again, cops being cops they might still get pissed and try to hassle the fuck out of you even if you did nothing wrong (in there minds they are serving street justice on you to teach you a lesson to talk to police and answer their questions). Plus they just assume since you aren't denying it and everyone else was, then you must be the one who did it. Thank god these retards are not also the judges.
Btw, It could possibly have been your friends blaming you. So take that into consideration.
And about the search- Don't ever allow it if they ask, even if you are clean. It's just an invasion of privacy and waste your time and theirs. (use this bolded line IRL) Plus, when is the last time you looked around your car? Maybe someone dropped something in the back seat? Maybe the cop is crooked as fuck and plans on planting shit in your glove box.
On December 08 2009 01:00 ghermination wrote: fuck the police my friend. Never admit to anything, never give a statement, never consent to shit. Good vibes.
Yeah, the few times ive been in trouble with the cops i was just nice and they let us go. Now, the time yo do not want to say a word is when you are already in an interrogation room and they are telling you that your friends squealed you out and htat they are only charging you unless you tell them the story or who really did it. Whole bunch of shit, if nobody talks they got nothing.
On December 09 2009 13:02 CharlieMurphy wrote: OP video and the OP real life scenario are a testament how this shit doesn't really apply literally to life. Most cops are on power trips and will abuse their power often (even to the smallest degree- parking in handicap or red zone for prolonged period, getting a friend out of a minor moving violation ticket, etc). So if you flat out tell a cop you won't talk, you are taking his training and power of the situation away and he knows it. So he can defaultly take you down to the station with probable cause and blah blah. They will do everything they can to hassle you for hassling them and try to take back their power.
Your first paragraph makes me believe you're full of shit.
You must live in a place where there isn't much to do. Most cops here don't give a rats ass if some teenagers says "NO I'M NOT TALKING." Really, what difference does it actually make?
This "most" crap you're spewing is remarkable. There has been such a crack down on these so called "power trips" that if you're caught doing them you can expect to get suspended for 2+ weeks up and including to getting fired.
In a busy place the only real reason I'm going to talk to you is because you drew your attention to me somehow. I've made some pretty big dope finds on someone that was just "looking around." IE someone I haven't ever seen before standing around the corner at 2 am in the morning...
A car in an abandoned parking lot will always be suspicious. It's literally like hanging up a sign that says "HEY IM DOING SOMETHING ILLICIT HERE PLEASE HARASS ME." People generally get harassed because they actually did something wrong, they know it, the cop knows it, and now it's just a cat and mouse game.
Don't want to be bothered? Don't draw such obvious attention to yourself. I won't deny of course that there are crooked cops out there and ones that harass for no reason other than to go off on a power trip but most of the people I've met are really normal...just more cynical and morbid because you deal with the worst people have to offer all the time.
On December 07 2009 17:03 meeple wrote: Damn, thats stiff man. 150 bucks because you were in the car with a vaporizer?
Yea its just the bond money. I have to go to court. I guess the police got mad cuz i didnt want to talk
My in-laws are almost all cops, and honestly, if you co-operate with them(especially since you are innocent) they are way more leniant on you... If you decide to keep your mouth closed, they give you the persona of a young punk trying to act tough infront of his friends with the cops there. Your better off talking in situations like that... now if you killed someone! thats a different story!
I started laughing my ass off at the irony in this thread at first. Then I tried to straighten it out, your story doesn't make much sense to me. Until I hear more I'm assuming there's something you're not telling us.
And, I'm going to make a video that explains why you should not only talk to the police but fucking run in every situation. Fender bender on the highway? HAUL ASS TO THE WOODS. Police make a house call because of a noise complaint? OUT THE BATHROOM WINDOW AND INTO THE FORESTS.
WTF. OP go get some professional legal advice. This is one case where TL will probably never be able to tell you anything useful. We have no idea where you live and what the local administration is like.
And yes NEVER consent to a search. Be polite about it but always assert your right to not be searched without due process.
On December 07 2009 17:03 meeple wrote: Damn, thats stiff man. 150 bucks because you were in the car with a vaporizer?
Yea its just the bond money. I have to go to court. I guess the police got mad cuz i didnt want to talk
My in-laws are almost all cops, and honestly, if you co-operate with them(especially since you are innocent) they are way more leniant on you... If you decide to keep your mouth closed, they give you the persona of a young punk trying to act tough infront of his friends with the cops there. Your better off talking in situations like that... now if you killed someone! thats a different story!
This might be how it seems from their perspective, but to me this sounds more like a bunch of people who want to be dominating a submissive, and get upset if anyone makes more work for them, punishing them for doing what is their right, and using the (often false) promise of leniency in order to get them to give up their rights to their own disadvantage. Why does it sound like this to me?
EPT
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