got locked up this weekend - need advice

[youngnastyman]

yea i've got a few different options and a friend in montgomery county who may know some high profile lawyers in the county. Another shitty thing is i had a trip to europe planned for next month which i'm going to put off now with all of this going on.

but at this point i realize i am a dumba$$ and made several mistakes throughout the whole fiasco. its funny how all this education and wisdom goes right out the window when you have a cop right up in ur face. Theres so many things i failed to do that could have made this easier on me. But i have def. learned a valuable lesson here. I'm def. done with that crap. Going to talk to my gf about not being so damn careless and thinking about the consequences of being a dumbass. I'm scrounging up cash from anywhere I can to prepare for the buku $$$ i'm about to pay in legal costs. ahh man. so much crap for something so small.

[Maestro]

Originally Posted by chungdae

The police also had probable cause the moment he smelled the marijuana. He was going to search the car whether he wanted him to or not. If anybody gives a police officer a very hard time he will give that person a harder time. The main reason why he probably didn't give the girlfriend the ticket is because he was being cooperative.

\

Yes that could have been true, but the fact the officer keep grilling the op about where it was and threatening to bring in the Dogs means the officer knew he did not have the probable cause he need. There is plenty of case law on this subject that a mere traffic stop is not enough probably cause to search a car or search a person and their property. Police know it is always easy to win their case if they lie to you and threaten you into telling them what they want to hear. Most people lose their case on their own statements.

I agree giving the police a hard time is not going to go well for you. But it will end much better if you just shut your month, do not consent to anything and get a lawyer ASAP. If you never say a thing then the police have an uphill battle of establishing probably cause.

The other reason you never say a thing or allow a search even if you believe you did nothing wrong, can you say the same for everyone who has even been in you car. Like this case, unless the op claim the drugs as his the police will assume it belongs to the owner and there is nothing you can do about it unless someone else claims it as theirs.

As a good lawyer once told me, you do not have to be an expert on the law as long as you keep your month such and never consent to anything.

[ideliver]

Originally Posted by Maestro

\

As a good lawyer once told me, you do not have to be an expert on the law as long as you keep your month such and never consent to anything.

words to live by...

[ragingclue]

Originally Posted by Maestro

Yes that could have been true, but the fact the officer keep grilling the op about where it was and threatening to bring in the Dogs means the officer knew he did not have the probable cause he need.

I don't know.... I'm pretty sure he had PC wrapped up already, judging by OP's story. If I was a cop, I'd really push the issue for a consensual search as well. It makes the case a lot easier to try and probably alleviates some of the scrutiny through the process.

[Blayne]

Originally Posted by ideliver

words to live by...

Or jay has it pretty good in this case.

I ain't steppin out of shit all my paper's legit
"Well, do you mind if I look round the car a little bit?"
Well my glove compartment is locked so are the trunk in the back
And I know my rights so you gon' need a warrant for that

But to be a realist OP and most ppl get shook, when the time comes and OP probably did like most ppl would. He can't really blame himself, just now he has go through all this BS

[Blayne]

Originally Posted by ragingclue

I don't know.... I'm pretty sure he had PC wrapped up already, judging by OP's story. If I was a cop, I'd really push the issue for a consensual search as well. It makes the case a lot easier to try and probably alleviates some of the scrutiny through the process.

The officer did NOT have probable cause to search. It is illegal to have possession of weed.....not to smell like it. You really think the officer would be sitting there wasting his time, trying to talk bad to op if he had the right to search?

[ragingclue]

Originally Posted by Blayne

It is illegal to have possession of weed.....not to smell like it.

So they were just sitting there on the sidewalk minding their own business when a cop walked up and said, "Hey, you smell like weed!"? I agree PC may have been dicey in this situation, and I believe people should generally always refuse a consensual search, but even if the cop thought he might have enough leverage for PC, coercing someone into consenting is a whole lot easier and a whole lot cleaner. I'd push the issue forever too.

[CollinsE90]

Smelling it is probable cause, period.

[Blayne]

Originally Posted by CollinsE90

Smelling it is probable cause, period.

No it ain't, call up a lawyer and ask. I'm 99% certain on this.

[Blayne]

Originally Posted by CollinsE90

Smelling it is probable cause, period.

Did a search on it and it's a real grey issue.

[CollinsE90]

It's real grey, but it will get you a court date If they actually smell it. You might plead down, but you'll have to go through it.

Once again, take away the smoking in the car and the girl driving, and OP had a pleasant weekend jail free.

[Brey335i]

Possession of some weed in Texas? No big deal!

Get a lawyer, go to court, get some community service. Most employers I've met have all smoked and made mistakes too. It's not a big blotch on your record.

[infinitekidM2C]

Actually it's not very "grey" at all. Look, the car swerved across lanes dangerously..then the officer smelled marijuana. So that's probable cause to believe that the car contained evidence of a crime...what's the crime? Possession of illegal drugs (aka marijuana).

You don't need a warrant to conduct a search of a moveable vehicle once you have probable cause to believe the vehicle contains evidence of a crime.... It's an exception to the warrant requirement. /thread

[youngnastyman]

regardless if he had pc or not - i was a dumbass and opened the damn glove box. on top of that my girlfriend was driving like a dumbshit.

so:

Illegal stop? No
Illegal Search? No

Prognosis? I'm f'd

/thread

[Maestro]

Originally Posted by Blayne

Did a search on it and it's a real grey issue.

It is base on case laws not written laws, so you have to read a number of case laws to understand the leeway an office may or may not have. Most times the smell alone can not be the only deciding factor, they are usually required to have other information to back up the PC claim. But you are right it is not straight forward. Thus the reason to keep you mouth shut since most Lawyers will tell you, the client lost the case as soon as they open their mouth. This is the reason police try to coerce people into saying things it make their job so easy.

[Maestro]

Originally Posted by youngnastyman

regardless if he had pc or not - i was a dumbass and opened the damn glove box. on top of that my girlfriend was driving like a dumbshit.

so:

Illegal stop? No
Illegal Search? No

Prognosis? I'm f'd

/thread

Actually I think most of us have conclude that, this has now becoming a warning to others and how to deal with it.

[US///M3]

Originally Posted by Blayne

Or jay has it pretty good in this case.

I ain't steppin out of shit all my paper's legit
"Well, do you mind if I look round the car a little bit?"
Well my glove compartment is locked so are the trunk in the back
And I know my rights so you gon' need a warrant for that

But to be a realist OP and most ppl get shook, when the time comes and OP probably did like most ppl would. He can't really blame himself, just now he has go through all this BS

I don't think Jay-Z smelled like weed or swerved across 3 lanes when he got pulled over.
He was doin 55 in a 54,if a 54 mph speed zone exists,the reason the cop gave him for pullin him over. Totally different than op's case.

But we can all agree the op got 99 problems...

[Blayne]

Yea jay-z was black so it kind of evens out.......jokinggg lol, never read the 3 lane change though lol, anyway my point was, never let anyone search you.

Also, I think OP had a pretty problem free life until that one problem he had lead to 99 but I'm pretty sure a bitch is one. :

[youngnastyman]

Originally Posted by panicos81

funny how you say that you are serious and thinking of your career and stuff and that she is a nice girl who's going to be a doctor....and yet, you were doing drugs....and while driving!!!

ok and? yea the driving part was pretty stupid. but i am pretty succesful in my career so far. and the fact that i partake in herbal remedies from time to time says nothing about the amount of dedication that her and I put forth into our futures. So we like to have fun. Never has someone died or worse, killed someone else because they hung out with puff the magic dragon. Meanwhile, you have 90% of the population drinking alcohol on a regular basis, which has been PROVEN to have adverse effects on the human body (i.e. cirrhosis, alcoholism, beer goggles, and just plain retardedness).

I'm not saying that what I did is not wrong, but just because of the fact that I did it does not in any way directly relate to me not being serious and taking care of my shit.

Now if you'll excuse me I'm going to go home and drink myself retarded.

[Kroy]

Originally Posted by infinitekid2002

Actually it's not very "grey" at all. Look, the car swerved across lanes dangerously..then the officer smelled marijuana. So that's probable cause to believe that the car contained evidence of a crime...what's the crime? Possession of illegal drugs (aka marijuana).

You don't need a warrant to conduct a search of a moveable vehicle once you have probable cause to believe the vehicle contains evidence of a crime.... It's an exception to the warrant requirement. /thread

+1

Traffic laws are also designed to give officers probable cause to stop you. They'll be able to find a reason on 90%+ of vehicles on the road.

[CollinsE90]

Which is why smoking in the car is dumb. All police pull people over with the opinion they're doing something wrong. So, if you appear to be a normal "citizen" and you have no record, they will leave you alone. If you give them any reason to justify their initial opinion, they'll hunt for it, and find a way to do it legally.

Beating the police is something that has to be done way before they have you outside of the car. You have to prepare for these stops every time you get in the car.

[ABQ325i]

Originally Posted by youngnastyman

... Never has someone died or worse, killed someone else because they hung out with puff the magic dragon. ...

There has never been a fatal accident caused by someone driving high? I find that a little hard to believe.