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      02-20-2012, 04:44 PM   #45
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Quote:
Originally Posted by O-cha
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Originally Posted by CollinsE90 View Post
1. Most cops will use your lack of cooperation as probable cause.
And do you a favor by making it easy to get any case dismissed. Denying a search doesn't give probable cause, and there is an ungodly amount of precedent.

Always say no to searches, period.
All they have to say is they smelled it as their probable cause but use your lack of cooperation as fuel to get them to do it. If you're holding, you're better off just shutting up and hoping they don't ask. Which is why smoking in the car isn't smart. Once they ask, they'll usually search no matter what.

Also, correct me if I'm wrong. If you get deferred prosecution it will be expunged from your record, so would his employer be entitled to knowing?
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      02-20-2012, 04:46 PM   #46
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      02-20-2012, 04:46 PM   #47
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OP's next thread...how to make wine in jail.
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      02-20-2012, 04:47 PM   #48
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Originally Posted by infinitekid2002 View Post
Well you're half right. A "vehicle search" is an exception to the warrant requirement. Carroll v. United States, 267 US. 132 (1925). So basically once they pulled him over for swerving and smelled drugs (aka probable cause to believe the car contained drugs)..he was effed. Cops will often ask to search so they don't have to prove probable cause, as consent is another exception to the warrant requirement and often people freely give it. But i agree, just say no.....................to searches. You're also right though when you said saying no to a search doesn't create probable cause.
I'm not half right, I'm 100% right. I said denying the search doesn't give probable cause, I didn't say smelling weed didn't.

Saying yes doesn't help you, ever. Cops aren't going to be nicer on you because you let them.
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      02-20-2012, 04:48 PM   #49
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I'm not half right, I'm 100% right. I said denying the search doesn't give probable cause, I didn't say smelling weed didn't.

Saying yes doesn't help you, ever. Cops aren't going to be nicer on you because you let them.
haha ok don't get testy..i agreed with your two statements..i was just saying in this situation..he was effed period regardless of whether he gave consent. (fixed for you bro)
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      02-20-2012, 04:49 PM   #50
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I agree, but telling them no wont get them to not search, so he was fucked with the smell regardless. If he knew that he couldn't smell anything, him denying it would of helped. In his case, it didn't matter. He was fucked when the lights turned on.
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      02-20-2012, 04:50 PM   #51
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For future reference, don't cave to threats of the dog next time. They'll threaten it all day long but very few cops actually want to sit there on the side of the road for 30 mins while they wait for the K9 unit to come, especially if it's just to do someone for weed. If the dog does show up, well, you were going to tell them where it was anyway.
This I agree is true. They really didn't have a reason to go into your glove compartment yet. (Probable Cause to void a warrant can be done by doing Search Incident To Arrest, Terry Stop, or in your case Consent) They simply skipped that step by doing what I like to call a, "Jedi Mind Trick" and say, "Sir can you open your glove compartment or can I open it." Either way really, they were going to get you if they pulled you over and they smelled it. Just depends on the cop and if he knows what to do and feels like taking it that far.
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      02-20-2012, 04:53 PM   #52
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Quote:
Originally Posted by CollinsE90 View Post
All they have to say is they smelled it as their probable cause but use your lack of cooperation as fuel to get them to do it.
And? How does saying yes help, it doesn't. Saying no doesn't make them more likely to search the car.

Plus opening the glove box and showing it to them is just stupid, as it shows you knew of it's presence.

They are less likely to search when not given permission on the off chance they don't find something and have a complaint filed (though unlikely to happen or really make a difference.). It will be on record that they searched a car and found nothing and that someone complained about an illegal search. This doesn't factor in much at all, but it's something at least.
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      02-20-2012, 04:54 PM   #53
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haha ok don't get testy..i agreed with your two statements..i was just saying in this situation..he was effed period regardless of whether he gave consent. (fixed for you bro)
Eh, he had a tiny chance saying no, and if he was a real dick he could have said he knew nothing about it.
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      02-20-2012, 04:54 PM   #54
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Originally Posted by venom3469 View Post
This I agree is true. They really didn't have a reason to go into your glove compartment yet. (Probable Cause to void a warrant can be done by doing Search Incident To Arrest, Terry Stop, or in your case Consent) They simply skipped that step by doing what I like to call a, "Jedi Mind Trick" and say, "Sir can you open your glove compartment or can I open it." Either way really, they were going to get you if they pulled you over and they smelled it. Just depends on the cop and if he knows what to do and feels like taking it that far.
yeah they did..vehicle search exception..the car swerved and smelled of drugs...
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      02-20-2012, 04:55 PM   #55
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Quote:
Originally Posted by O-cha
Quote:
Originally Posted by CollinsE90 View Post
All they have to say is they smelled it as their probable cause but use your lack of cooperation as fuel to get them to do it.
And? How does saying yes help, it doesn't. Saying no doesn't make them more likely to search the car.

Plus opening the glove box and showing it to them is just stupid, as it shows you knew of it's presence.

They are less likely to search when not given permission on the off chance they don't find something and have a complaint filed (though unlikely to happen or really make a difference.). It will be on record that they searched a car and found nothing and that someone complained about an illegal search. This doesn't factor in much at all, but it's something at least.
Saying yes doesn't help, but in his case it didn't matter. It was going to happen. I also agree handing it to him wasn't smart.
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      02-20-2012, 05:01 PM   #56
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Quote:
Originally Posted by CollinsE90 View Post
Saying yes doesn't help, but in his case it didn't matter. It was going to happen. I also agree handing it to him wasn't smart.
That's a valid statement sure, this is not

Quote:
Originally Posted by CollinsE90 View Post
1. Most cops will use your lack of cooperation as probable cause.
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      02-20-2012, 05:04 PM   #57
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I should have said it more clearly, my apologies.
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      02-20-2012, 05:13 PM   #58
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yeah they did..vehicle search exception..the car swerved and smelled of drugs...
Haha, I typed that badly. I meant to say if they didn't smell the drugs. But in his case they did so like I said they where going to get him.


Just don't do drugs in your car...bad idea.
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      02-20-2012, 05:42 PM   #59
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yea just talked to my lawyer. pretty much worst case is i get deferred for about a year. shitty thing is its on my record. even if we get a pre-trial diversion or deferred on a class C it will be there for at least 2 years. fuck. fml. im a dumbass.

and you're right - i shouldnt be posting this on a forum. sorry for wasting everyones time.
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      02-20-2012, 05:59 PM   #60
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Quote:
Originally Posted by CollinsE90 View Post
1. Most cops will use your lack of cooperation as probable cause.
2. Cops don't mind busting for marijuana unless you're in a state it's medically legal.
3. Dogs don't always find stuff.
4. He had it in the glove box.
5. He smoked in the car.
6. He wasn't driving.

He made many mistakes, he was fucked when they flipped the lights.
7. Took the fall for the girlfriend. Hahahahaha

I like your sig
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      02-20-2012, 06:00 PM   #61
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Quote:
Originally Posted by PINeely View Post
For future reference, don't cave to threats of the dog next time. They'll threaten it all day long but very few cops actually want to sit there on the side of the road for 30 mins while they wait for the K9 unit to come, especially if it's just to do someone for weed. If the dog does show up, well, you were going to tell them where it was anyway.
Yes very true, you should have asked for your lawyer right on the spot. never ever answer police questions, force them to make the first move since most time they screw up and a good lawyer will get the whole thing tossed because they somehow violated your rights.

Back to what everyone else is saying, get a lawyer now and go on the offensive, there are number outcomes that made not be as bad as you might think but it required getting a good lawyer.

Also, what is the girl doing for you for taking the fall on this one.

Last edited by Maestro; 02-21-2012 at 11:26 AM.
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      02-20-2012, 06:07 PM   #62
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Also, what is the girl doing for you for taking the fall on this one.
crying and beating herself up for ruining my life.. drama queen i know

and for you guys making fun of me for taking the fall? she's not your average garden variety hoe. and let me see you let your girlfriend for 3 years take the fall and go to jail. when i was in court for my bond i saw the girls that were locked up. trust me she does not fit the description. and i would NEVER let a woman i care about go thru that. After 15 hours i was dying in there. She wouldnt last 5 minutes.
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      02-20-2012, 06:10 PM   #63
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crying and beating herself up for ruining my life.. drama queen i know
She needs to wear out about a dozen pairs of knee pads.
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      02-20-2012, 06:17 PM   #64
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She needs to wear out about a dozen pairs of knee pads.
ohh yea she does. but later.
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      02-20-2012, 06:27 PM   #65
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She should have been in the passenger seat, vagina cavity could have came in handy. No pun intended.
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      02-20-2012, 06:34 PM   #66
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crying and beating herself up for ruining my life.. drama queen i know

and for you guys making fun of me for taking the fall? she's not your average garden variety hoe. and let me see you let your girlfriend for 3 years take the fall and go to jail. when i was in court for my bond i saw the girls that were locked up. trust me she does not fit the description. and i would NEVER let a woman i care about go thru that. After 15 hours i was dying in there. She wouldnt last 5 minutes.
Maybe the experience would have benefited her,you're payin the price for her selfish,irresponsible behaviour.
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