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 Sugabearcrisp
Not Your Average Bear
 
Registered: 10/14/19
Posts: 12,757
Loc: maybe I had too much, too fast
Last seen: 2 hours, 28 minutes
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 Re: Don't drive through Alabama with any amount of drugs.  [Re: OutsideOfMyMind]
#26987937 - 10/16/20 04:49 AM (3 years, 5 months ago) |
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Alabama, Nebraska, Kansas, Oklahoma, Arkansas, and Missouri all consider their interstates to be hunting grounds for revenue generation. Vehicles coming from legal states are profiled and pulled over and they always smell weed when you roll down the window. Nevada was also notorious for nailing people coming from California. Knew someone got nailed with a kilo of brick weed in Nevada on the way back from socal in the 90s. Similar story of traffic going 80 in a 70 and they get pulled over for speeding while nevada plates kept whizzing by.
You say that the car was newly purchased in California, did they have temp plates or something? That could raise suspicion that the car was purchased to be used making a drug run.
If I had to drive through one of those states I think I would put trump, nra, dare and back the blue stickers on my car and get a fresh hair cut and a shave.
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Rob864guy
Stranger
Registered: 10/14/20
Posts: 14
Last seen: 3 years, 3 months
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Re: Don't drive through Alabama with any amount of drugs. [Re: Sugabearcrisp]
#26988176 - 10/16/20 10:16 AM (3 years, 5 months ago) |
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Aw man... there's a reason why I replace all my lights and deep clean my vehicle before I make a long distance trip. I don't hate the police or anything, but I view them as yellow jackets. There is just no good that's going to come of things when they want to interact with you so I do everything I can to keep that from happening/give them nothing to go off of.
This is one of the reasons why it's a good idea to have an audio recorder in the car for when you're pulled over.
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There's enough poop in my pants for two... not really though.
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No Face
Open Your Eyes
Registered: 10/11/20
Posts: 97
Loc: Lost But Not Losing
Last seen: 1 year, 9 months
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Re: Don't drive through Alabama with any amount of drugs. [Re: Rob864guy]
#26988651 - 10/16/20 03:06 PM (3 years, 5 months ago) |
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orrrrr. dont drive with drugs in the car unless your vehicle is 100% legal. dont go over 4 miles an hour over the speed limit. Ive had cops drive behind me for miles with enough shit in the car to fuck my life up. No incidence. Then if they do pull you voer dont have smoked any weed if your car doesnt smell like marijuana they cant search your car.. They can try to give you a ticket if they made a bullshit reason to pull you over but thats about it.
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Meditate////Create////Destroy
Nothing is real
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Yokal
Stranger
Registered: 09/17/20
Posts: 595
Last seen: 1 day, 10 hours
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Re: Don't drive through Alabama with any amount of drugs. [Re: No Face]
#26988975 - 10/16/20 06:23 PM (3 years, 5 months ago) |
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I drive like a maniac all the time, I've never been pulled over, had the cops after me.
They actually will tail gate me to speed up when I'm near the precinct I've done like 60 mph in a 15 with a cop in his civilian car driving behind me.
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koods
Ribbit
Registered: 05/26/11
Posts: 106,910
Loc: Maryland/DC Burbs
Last seen: 30 minutes, 49 seconds
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Re: Don't drive through Alabama with any amount of drugs. [Re: Yokal] 2
#26988999 - 10/16/20 06:49 PM (3 years, 5 months ago) |
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Never consent to a search. Even if they smell weed they need to obtain a warrant to search. There is no reason not do this if they ask to search. Number one, it is a pain in the ass for them. They have to get a judge to issue the warrant, which may not be easy. Number two, if they don’t have probable cause they won’t be able to get that warrant without lying. If they tell you “we’d just like to have a look around” it will be very difficult for them to then claim there was probable cause. Try to record your encounter in case there is a dispute between what they tell you and tell a judge. Number Three, if you consent to the search, then you’ve lost the ability to contest the legitimacy of the search and whatever evidence they find.
And remember, a bad tail light, speeding or any other driving infraction other than obvious impairment is not probable cause to search your vehicle. There needs to be evidence that there are likely to be drugs in the car: drug paraphernalia in view or smell. Likely smell would need to be backed up with drug sniffing dogs. Keep this in mind: it is not legal for them to detain you any longer than to deal with the offense you’ve been pulled over for. Making you wait a half hour for drug dogs to arrive would constitute an illegal detention and search. And dogs don’t write warrants. If the cops say the dogs smell drugs, they still need to get a judge to issue a warrant if you don’t consent.
Challenge them at every step once it is clear they intend to search the car. Be explicit that you do not consent. If they find drugs, do not answer any questions they have about those drugs. Don’t fall into the trap that if you’re compliant and helpful they will go easy on you. If they wanted to go easy on you they wouldn’t be demanding to search your car.
One last thing: the cops are freely permitted to look through your windows and anything they see related to drugs would give them probable cause
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NotSheekle said
“if I believed she was 16 I would become unattracted to her”
Edited by koods (10/16/20 07:02 PM)
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 Crazy_Horse
I’m Rick James, bitch!
Registered: 08/15/16
Posts: 13,616
Loc: Hampsterdam
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods]
#26989105 - 10/16/20 08:08 PM (3 years, 5 months ago) |
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Never go to Alabama.
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koods
Ribbit
Registered: 05/26/11
Posts: 106,910
Loc: Maryland/DC Burbs
Last seen: 30 minutes, 49 seconds
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Re: Don't drive through Alabama with any amount of drugs. [Re: Crazy_Horse]
#26989174 - 10/16/20 08:53 PM (3 years, 5 months ago) |
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I never have
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NotSheekle said
“if I believed she was 16 I would become unattracted to her”
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Ice9
3X Ban Lotto Champion
Registered: 03/20/14
Posts: 11,837
Loc: daterapeville,USA
Last seen: 2 hours, 54 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods]
#26989228 - 10/16/20 09:51 PM (3 years, 5 months ago) |
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There is a lawyer out there that has a printable card that tells you exactly what to say to police (even if getting arrested for clear say possession) that dramatically lowers your odds of conviction. It's a pretty incredible FU to the police. I'll try to find the link.
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The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man. -- George Brenard Shaw
Edited by Ice9 (10/16/20 09:54 PM)
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OutsideOfMyMind
LSD Self Administrative Director
Registered: 10/05/20
Posts: 5,491
Last seen: 21 hours, 42 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods]
#26989260 - 10/16/20 10:27 PM (3 years, 5 months ago) |
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Quote:
koods said:
Never consent to a search. Even if they smell weed they need to obtain a warrant to search. There is no reason not do this if they ask to search. Number one, it is a pain in the ass for them. They have to get a judge to issue the warrant, which may not be easy. Number two, if they don’t have probable cause they won’t be able to get that warrant without lying. If they tell you “we’d just like to have a look around” it will be very difficult for them to then claim there was probable cause. Try to record your encounter in case there is a dispute between what they tell you and tell a judge. Number Three, if you consent to the search, then you’ve lost the ability to contest the legitimacy of the search and whatever evidence they find.
And remember, a bad tail light, speeding or any other driving infraction other than obvious impairment is not probable cause to search your vehicle. There needs to be evidence that there are likely to be drugs in the car: drug paraphernalia in view or smell. Likely smell would need to be backed up with drug sniffing dogs. Keep this in mind: it is not legal for them to detain you any longer than to deal with the offense you’ve been pulled over for. Making you wait a half hour for drug dogs to arrive would constitute an illegal detention and search. And dogs don’t write warrants. If the cops say the dogs smell drugs, they still need to get a judge to issue a warrant if you don’t consent.
Challenge them at every step once it is clear they intend to search the car. Be explicit that you do not consent. If they find drugs, do not answer any questions they have about those drugs. Don’t fall into the trap that if you’re compliant and helpful they will go easy on you. If they wanted to go easy on you they wouldn’t be demanding to search your car.
One last thing: the cops are freely permitted to look through your windows and anything they see related to drugs would give them probable cause
It's pretty difficult to consent to a search if the cop has already helped himself to your trunk and your backseat. The whole thing is corrupt they don't care about the rules.
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koods
Ribbit
Registered: 05/26/11
Posts: 106,910
Loc: Maryland/DC Burbs
Last seen: 30 minutes, 49 seconds
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Re: Don't drive through Alabama with any amount of drugs. [Re: OutsideOfMyMind]
#26989418 - 10/17/20 01:14 AM (3 years, 5 months ago) |
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Well if that happens, without consent and without a warrant, anything they find in a search would be tossed out. They have to either: ask for your consent or obtain a warrant. If they start to search your car be explicit that you do not consent.
Also, if there is evidence of illegal activity on your phone, lock it or turn it off and disable any biometric capability. The police can compel you to open your phone with your fingerprint or face but they cannot compel you to give them your passcode, even with a warrant. iPhones require you to enter your passcode upon restart for this reason. If you turn off your iPhone before you are arrested, the cops will not have any way to access the information on your phone.
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NotSheekle said
“if I believed she was 16 I would become unattracted to her”
Edited by koods (10/17/20 01:19 AM)
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Baby_Hitler
Errorist
Registered: 03/06/02
Posts: 27,652
Loc: To the limit! 
Last seen: 27 minutes, 56 seconds
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods] 1
#26989484 - 10/17/20 02:29 AM (3 years, 5 months ago) |
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Here's a short documentary on the justice system of the dirty south.
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This space for rent
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my3rdeye
Registered: 08/10/12
Posts: 4,354
Loc: Canada 
Last seen: 2 years, 11 months
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Re: Don't drive through Alabama with any amount of drugs. [Re: Baby_Hitler]
#26989564 - 10/17/20 04:40 AM (3 years, 5 months ago) |
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How do you even get caught with LSD laced candies? Its invisible, you have to try to get caught by doing something retarded like putting them a drug baggie. If you left them in a normal candy box, and not with your stash you wouldn't get caught for that.
More important than # of hours of drug classes or amount of fine is are you left with a criminal record? In Canada you can usually get diversion and a total discharge after doing drug classes / community service if your lawyer fights for it.
Maybe your lifestyle right now it doesn't matter if you have a record but an insane number of good jobs require a clean record. Ruining your employment prospects for life over small amount of drugs is crazy. Mail them home.
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OutsideOfMyMind
LSD Self Administrative Director
Registered: 10/05/20
Posts: 5,491
Last seen: 21 hours, 42 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: my3rdeye]
#26989604 - 10/17/20 05:30 AM (3 years, 5 months ago) |
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Quote:
my3rdeye said:
How do you even get caught with LSD laced candies? Its invisible, you have to try to get caught by doing something retarded like putting them a drug baggie. If you left them in a normal candy box, and not with your stash you wouldn't get caught for that.
More important than # of hours of drug classes or amount of fine is are you left with a criminal record? In Canada you can usually get diversion and a total discharge after doing drug classes / community service if your lawyer fights for it.
Maybe your lifestyle right now it doesn't matter if you have a record but an insane number of good jobs require a clean record. Ruining your employment prospects for life over small amount of drugs is crazy. Mail them home.
She's getting diversion. Yes. I don't know how she packed her car. She's actually VERY resourceful and already has income from being self employed. She gets clients like no big deal. The money isn't the biggest deal but the whole thing is extremely emotional for her. I panicked for her as soon as I found out. It's still very surreal.
She knows a lot of people, she already has community service lined up.
Edited by OutsideOfMyMind (10/17/20 05:39 AM)
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Sugabearcrisp
Not Your Average Bear
Registered: 10/14/19
Posts: 12,757
Loc: maybe I had too much, too fast
Last seen: 2 hours, 28 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: my3rdeye]
#26989613 - 10/17/20 05:50 AM (3 years, 5 months ago) |
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my3rdeye the cops know about candy being used as a carrier for drugs. Even if the candy was in a sealed bag it will be tested. Tbey probably thought they were mj edibles till the popped for indole on the field reagent test.
Koods - officer said they smelled weed = probable cause. Officer's testimony is more believed than yours in court. Even if all the evidence gets tossed you would still be out $10k in lawyer bills probably more if actual trial. I believe OP said the person went with a public defender so they obviously didnt have the $$$ for a protracted battle.
The highway patrols of these states are experts on intercepting people crossing through with drugs. The majority of the SCOTUS search and seizure cases have come from these states over the 40 years since Nancy declared the war on drugs. The civil forfieture laws inrich the departments with more toys and full coffers so they prosecutors can out lawyer.
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Sugabearcrisp
Not Your Average Bear
Registered: 10/14/19
Posts: 12,757
Loc: maybe I had too much, too fast
Last seen: 2 hours, 28 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: Sugabearcrisp]
#26989619 - 10/17/20 06:05 AM (3 years, 5 months ago) |
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P.s. for anyone that followed the link posted by Ice9, those are good resource but you should check your state and local laws. Specifically the part about refusing a breathalyzer; yes you should always refuse a breathalyzer because it takes away a strongly damning piece of evidence, but expect that you will have your license suspended for 6 months or longer. Driving is a privilidge, not a right. You could be stone cold sober, have a cop request a breathalyzer, refuse it, never have suspicion of DUI/OUI charged filed and you would still have your license suspended. Again you have the constitutional pritection against self incrimination, you do not have a constitutional right to drive a vehicle. Guns are a different story thanks to the 2nd amendment.
P.p.s. koods the 2015 SCOTUS decision does not prevent them detaining you for a drug dog if the officer says they have probable cause because they smell weed or see something suspicous in plain site.
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koods
Ribbit
Registered: 05/26/11
Posts: 106,910
Loc: Maryland/DC Burbs
Last seen: 30 minutes, 49 seconds
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Re: Don't drive through Alabama with any amount of drugs. [Re: Sugabearcrisp]
#26989655 - 10/17/20 07:01 AM (3 years, 5 months ago) |
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Quote:
Koods - officer said they smelled weed = probable cause
If she had demanded he get a warrant to search, they might not have wanted to go through the process. Unless you have a weapon visible, you can alway demand a warrant. Warrantless drug searches of automobiles are not permitted, unless they can see the probable cause, in which case they can seize it, but further searches still require a warrant or consent.
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NotSheekle said
“if I believed she was 16 I would become unattracted to her”
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Sugabearcrisp
Not Your Average Bear
Registered: 10/14/19
Posts: 12,757
Loc: maybe I had too much, too fast
Last seen: 2 hours, 28 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods]
#26989687 - 10/17/20 07:36 AM (3 years, 5 months ago) |
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Quote:
koods said:
Quote:
Koods - officer said they smelled weed = probable cause
If she had demanded he get a warrant to search, they might not have wanted to go through the process. Unless you have a weapon visible, you can alway demand a warrant. Warrantless drug searches of automobiles are not permitted, unless they can see the probable cause, in which case they can seize it, but further searches still require a warrant or consent.
This is bad information, maybe in a legal or medical legal state with a valid med card holder in the vehicle, but Alabama has neither. I dont believe any cases have established precedent on CBD hemp as a excuse for mj smell nor is it material here.
Maybe if she said they had cbd hemp and produced it as a reason for the smell probable cause would be gone.
https://norml.org/laws/alabama-penalties/
Don't just take my words or koods, read it from the lawyers;
https://www.duiblog.com/2020/03/02/marijuana-smell-and-the-4th-amendment/
https://johnsonlegalofohio.com/can-the-police-search-my-house-for-marijuana/
Is it a wrong, unjust practice open to racial and other bias? Of fucking course it is.
https://thecrimereport.org/2020/05/05/if-police-smell-marijuana-can-they-search-my-stuff/
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1234go
Registered: 07/08/09
Posts: 56,768
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Re: Don't drive through Alabama with any amount of drugs. [Re: koods]
#26989698 - 10/17/20 07:52 AM (3 years, 5 months ago) |
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Quote:
koods said:
Warrantless drug searches of automobiles are not permitted
Technically, you're right...but it still happens, and they can get away with it.
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Sugabearcrisp
Not Your Average Bear
Registered: 10/14/19
Posts: 12,757
Loc: maybe I had too much, too fast
Last seen: 2 hours, 28 minutes
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Re: Don't drive through Alabama with any amount of drugs. [Re: 1234go]
#26989842 - 10/17/20 10:05 AM (3 years, 5 months ago) |
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https://en.m.wikipedia.org/wiki/Motor_vehicle_exception
Your car is not your castle.
Quote:
The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
Hopefully this settles the point
Edited by Sugabearcrisp (10/17/20 10:11 AM)
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1234go
Registered: 07/08/09
Posts: 56,768
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Re: Don't drive through Alabama with any amount of drugs. [Re: Sugabearcrisp]
#26990037 - 10/17/20 12:31 PM (3 years, 5 months ago) |
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I wasn't even sure about it to be honest. *Technically you may be right* is what I should've said...
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