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InvisibleZippoZM
Knomadic
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Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Questions about a traffic stop and possible illegal search
    #2411683 - 03/09/04 07:02 PM (13 years, 4 months ago)

a week ago i was driving through kentucky with 2 friends on the way to Florida at 90 mph and got pulled over, the officer asked to see my licence and then asked where the pot was. the car smelled very badly of freshly smoked grass.

i told him there was none, that we had not smoked any and my friends concurred

he then asked us to get out of the car and empty our pockets on the hood.

he then looked in the car and saw some potato chips that had crumbled onto the shifter, he declared that there was marijuana in the car and that he could impound the car for that.

i asked to see the "marijuaja" and informed him that he was wrong and that they were potato chips.

he then asked us a whole bunch of questions and gave me a field sobriety test which i passed without question. he also noted that my eyes were red.

so he heards me back to the front of the car and asks us for the 50th time if theres any weed in the car.

he also asked why the car smelled like marijuana, and i said that i didnt smell any but if it did smell it might have been because of my brother who used the car earlier that day who has a drug problem and dosent go to church anymore...

so he then seperates me from my friends and asks me for permission to search my car, about 8 times. i seay no each time siting how long it would take, and that i had a long drive ahead.

so he then goes to my friends to ask them for permission to search their bags and why i wouldnt give them permission to search the car.
they said that we were in a hurry and that if the officers (there were 2 now) wanted to search their bags they could. so they searched their bags and found nothing.

apparently while they were searching my friends bags one of the officers opened and rooted around my glove box. not having permission to search the car i would think that this would be an Illegal Search.

anyways he dosent find anything and lets me off with a $175 dollar ticket for missing registration and speeding.

what i want to know is if the search of my glove box was an illegal search, and why the smell of marijuana in the car was not enough probable cause for them to search the car?


thanks


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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Invisibleafoaf
CEO DBK?
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Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2411699 - 03/09/04 07:08 PM (13 years, 4 months ago)

yes.

don't know...

you did everything right, except for the smartass
church remark.

maybe someone with more legal background could
back me up on this, but unless he sees something
or his sobriety test comes up positive, it's just a bunch
of circumstantial bullshit that probably wouldn't hold
up in court.

where was the grass?


--------------------
All I know is The Growery is a place where losers who get banned here go.


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 1 year, 1 month
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2411721 - 03/09/04 07:22 PM (13 years, 4 months ago)

As I said on another thread, you are one lucky fucker. If he smelled it he can check you. Yes he fucking can. And if you rely on the rules of evidence to get you off you have already lost to the tune of several thousand dollars of legal bills, some time in a jail, a ruined trip, endless hours of court appearances in another state, and probably a real chance you'll lose on the search question anyway. What the fuck are you doing driving 90 with out of state plates and stinking up the car. You SHOULD be cornholed by some hillbilly in a Kentucky jail just as a wake-up call.


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Offlinedaywalker
Do you dream in color?

Registered: 10/21/03
Posts: 783
Loc: in my skin
Last seen: 8 years, 7 months
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2411730 - 03/09/04 07:29 PM (13 years, 4 months ago)

Lucky mofo! If he smelled pot, then that is probable cause and the search was completely legal. The laws do vary from state to state.

My advice is to be familiar with the laws when you travel interstate. This can be especially important if you have firearms.

But I can assure you that none of the lower 48 or the other two allow 90mph speeds.


--------------------
"I suggest we ... learn to love our ... selves before it ... becomes illegal."


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InvisibleZippoZM
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Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2411860 - 03/09/04 08:08 PM (13 years, 4 months ago)

if smelling like pot was probable cause for a search why did he ask me to search my car, and why didnt he search it after i said no.


the grass was very well hidden and i am 95% positive that had i been searched that he would not have found anything. it was only 4 very small joints and 2 roaches. nothing too serious, and i do KY's pot laws, Less than 8 oz (first offense) misdemeanor 1 year $500. i had maybee 3 grams


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 1 year, 1 month
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2412172 - 03/09/04 09:36 PM (13 years, 4 months ago)

YOU GOT LUCKY. Some cop, whether out of sympathy or empathy or laziness LET YOU OFF. Only retards do 90 with contraband. Like I said before, you deserve to be cornholed. Don't believe me, keep it up, and you will be cornholed. Soooooooooooooeeeeeeeeeee.


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OfflineLearyfan
It's the psychedelic movement!
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Registered: 04/20/01
Posts: 30,127
Loc: High pride!
Last seen: 6 hours, 36 minutes
Re: Questions about a traffic stop and possible illegal sear [Re: ZippoZ]
    #2412244 - 03/09/04 09:49 PM (13 years, 4 months ago)

Yep, you got lucky. Drive the speed limit if you?re smoking up dude!





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--------------------------------


Mp3 of the month: The Dovers - The Third Eye



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Invisibleafoaf
CEO DBK?
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Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
Re: Questions about a traffic stop and possible illegal search [Re: zappaisgod]
    #2412264 - 03/09/04 09:53 PM (13 years, 4 months ago)

be nice, cornholer.


--------------------
All I know is The Growery is a place where losers who get banned here go.


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OfflineMikeOLogical
Doctor ofShroomology
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Registered: 01/31/04
Posts: 4,132
Loc: florida
Last seen: 22 days, 11 hours
Re: Questions about a traffic stop and possible illegal search [Re: ZippoZ]
    #2428128 - 03/13/04 07:09 PM (13 years, 4 months ago)

smelling pot is not probable cause for a search, but it does give the cop the authority to detain you and ask questions... the question of whether the search was legal or not is moot since nothing was found... had he found something in your glovebox, likely you could have objected and whatever he found would have been thrown out as inadmissable...

I don't see anything actionable about what the cop did, no harm was done and you were speeding and stunk of reefer...

I'd stop complaining and consider yourself lucky you diidn't get your friends all busted...


--------------------
We got Nothing!
we're no longer selling jars.  :laugh:


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