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InTheFlesh714
Drunk

Registered: 10/19/05
Posts: 958
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Cops Searching Cars
#4926669 - 11/12/05 06:36 PM (18 years, 3 months ago) |
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Alright I know theres a similar post to this.
But seriously
Does anyone know the law, one thing I do worry about is my car being searched when I have a bag of weed on me. I have on 01 durango and i found out that you lift the center console where the cup holders are and theres a nice lil stash spot. It can be easily detected by dogs and i dunno how good cops are at searching.
Is it true you can just say no? And they can't really do anything. If you know the 100 percent truth when it comes to cops searching cars, post what you know please lol.
thanks
Edited by InTheFlesh714 (11/12/05 06:37 PM)
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leery11
I Tell You What!

Registered: 06/24/05
Posts: 5,998
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it's absolutely true that you can just say no.
But it's also absolutely true that the constitution is in a state of constant erosion as police and government take more and more rights away in the name of the war on terror and the war on drugs.
Regardless, just say no. Police are bad, mmmkay?
Basically put, you don't have to answer any questions, at all... you can say no. And then when you say no if the cop says some bullshit like or "I'm going to go get a drug dog then..." immediately ask "Am I free to leave?" because they can't really detain you for a drug dog... that means they have no probable cause....
if they say no say something like "Then I assume that this conversation is being tape recorded to use as evidence to protect me. I ask that you state what I am being detained for and again assert that I do not consent to any searches whatsoever. What am I being detained for?" [of course try having the cool head to say something like that :/ ]
etc....... just fuck with them but be polite, so they know that you know your rights and you won't be an easy arrest.
In America the 5th amendmant means you can refuse to answer whatever you want, and the 4th amendmant gives you some safety from traffic searches.
But pleading the 5th sure doesn't do shit in a court of law to save you, generally, for petty crimes, etc... it's just better for you to have on your record than pleading guilty. [NEVER plead guilty to anything, if you are going to accept a speeding ticket, plead no contest and pay for it, but NEVER plead guilty.. this is something a lawyer taught me when I got a careless driving citation]
-------------------- I am the MacDaddy of Heimlich County, I play it Straight Up Yo! ....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human...... Om Namah Shivaya, I tell you What!
Edited by leery11 (11/12/05 06:59 PM)
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XUL
OTD Janitor


Registered: 03/16/05
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Re: Cops Searching Cars [Re: leery11]
#4926735 - 11/12/05 07:06 PM (18 years, 3 months ago) |
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thanks for the info. Good to know.
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TRUMP 2020
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Cherk
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Registered: 10/25/02
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If they have probable cause you can say no all you want but they're still going to search your car. And yes the scent of marijuana is probably cause. And no a lot of cops don't play by the rules. You're best off keeping pot out of the car except for when it is absolutely necessary and in that case you need a good stash spot/container. Zippoz posted a damn good idea in a thread on the same topic today.
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I have considered such matters. SIKE
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Diploid
Cuban


Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Cops Searching Cars [Re: leery11]
#4926805 - 11/12/05 07:43 PM (18 years, 3 months ago) |
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it's absolutely true that you can just say no.
leery11's right, but also keep in mind that the cops can detain you, without searching your car, until a dog arrives. If the dog indicates drugs are in your car (and they are v-e-r-y good at it) then the cops will have probable cause to legally search without your consent.
One more thing: nothing prevents a cop from searching without your consent and lying about it. I know for a fact it happens.
Your best bet when transporting drugs in your car is to make sure your tag is current, all your lights work, and the tread on your tires is up to snuff.
Then, drive the speed limit like a little old lady.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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leery11
I Tell You What!

Registered: 06/24/05
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Re: Cops Searching Cars [Re: Diploid]
#4926813 - 11/12/05 07:46 PM (18 years, 3 months ago) |
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i don't think they can detain you for a dog, legally... what they can do is sit around in their cars wasting tons of time to "write you a ticket" while their dog buddy shows up.....
that's why you ask "am i free to go" and yeah, they can be corrupt and then you're pretty much fucked.....
-------------------- I am the MacDaddy of Heimlich County, I play it Straight Up Yo! ....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human...... Om Namah Shivaya, I tell you What!
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Pingasa
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Re: Cops Searching Cars [Re: leery11]
#4926834 - 11/12/05 07:54 PM (18 years, 3 months ago) |
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im pretty sure scent of marijuana isnt probable cause. i got stopped by a cop when i was smoking a bowl and he just asked me if i was smoking weed and i said no, just cigarettes. he then just asked how old i was and when i said 19 he left. no problems.
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leery11
I Tell You What!

Registered: 06/24/05
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Re: Cops Searching Cars [Re: Pingasa]
#4926848 - 11/12/05 08:06 PM (18 years, 3 months ago) |
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all that means is the cop was nice and didn't feel like hassling you.
-------------------- I am the MacDaddy of Heimlich County, I play it Straight Up Yo! ....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human...... Om Namah Shivaya, I tell you What!
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Madtowntripper
Sun-Beams out of Cucumbers


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Re: Cops Searching Cars [Re: leery11]
#4926881 - 11/12/05 08:17 PM (18 years, 3 months ago) |
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Quote:
leery11 said: it's absolutely true that you can just say no.
While many police are honest and will probably at least pretend to care if you consent to search or not, it all depends. The police here (Milwaukee) have a long track record of racism. I'm whiter, but I have alot of black friends, and many of them have had experiences with police searches where they've denied searches and just had a cop say "Whatever, nigger" and do whatever they wanted.
Seriously, in court, its your word against his. Sure if you can afford a nice lawyer your proably set. But if your dirt poor, or god forbid, a minority, your going to have a real tough time asserting your constitutional rights.
Dont get me wrong, I'm all for denying searches as a matter of principle. I have my ACLU card in my wallet. But its not always that easy for everyone...
-------------------- After one comes, through contact with it's administrators, no longer to cherish greatly the law as a remedy in abuses, then the bottle becomes a sovereign means of direct action. If you cannot throw it at least you can always drink out of it. - Ernest Hemingway If it is life that you feel you are missing I can tell you where to find it. In the law courts, in business, in government. There is nothing occurring in the streets. Nothing but a dumbshow composed of the helpless and the impotent. -Cormac MacCarthy He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God. - Aeschylus
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Srirachi
Mold Hand


Registered: 10/18/05
Posts: 11,411
Loc: Fare Thee Well.
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In Indiana there is something called Implied Consent and I'm pretty sure many other states have it as well. If you accept the IN Driver's License you consent to having your car searched automatically. In Indiana, if you have an IN driver's license, the cops can search your car any time you are operating it.
Link: http://www.indianalaw.to/ic-law-2001.html and http://www.clarkprosecutor.org/html/police/nov02.htm
Edited by screenprinter (11/12/05 08:33 PM)
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leery11
I Tell You What!

Registered: 06/24/05
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Last seen: 8 years, 10 months
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Re: Cops Searching Cars [Re: Srirachi]
#4926935 - 11/12/05 08:33 PM (18 years, 3 months ago) |
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http://www.lawcore.com/dui-dwi/what-is-implied-consent.html
this says implied consent only applies to breathalyzer tests, etc......
-------------------- I am the MacDaddy of Heimlich County, I play it Straight Up Yo! ....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human...... Om Namah Shivaya, I tell you What!
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Cherk
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Registered: 10/25/02
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Re: Cops Searching Cars [Re: Pingasa]
#4927133 - 11/12/05 09:22 PM (18 years, 3 months ago) |
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Quote:
Pingasa said: im pretty sure scent of marijuana isnt probable cause. i got stopped by a cop when i was smoking a bowl and he just asked me if i was smoking weed and i said no, just cigarettes. he then just asked how old i was and when i said 19 he left. no problems.
You are wrong, sorry. When a cop smells pot in your car the scent gives him probable cause. This is a fact.
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I have considered such matters. SIKE
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InTheFlesh714
Drunk

Registered: 10/19/05
Posts: 958
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Re: Cops Searching Cars [Re: Cherk]
#4927450 - 11/12/05 10:51 PM (18 years, 3 months ago) |
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yeah that cop was just cool, depends where you live too. my brother lives in california and he was in west hollywood one night at a hotel for his 21st birthday and him and his friend had a huge sack of weed and they were just rolling joint after joint and they were laughing all night and the cops knocked on their door along with hotel security. hotel security said they been getting a lot of noise complaints and my brother said sorry and the cop asked "you boys been smoking weed in there" my brother (who was blazed) just smiled and nodded his head. the cop said "enough is enough" and they left. of course my brother was extremely lucky
i dont hotbox or even smoke a bowl in my car anymore cause for some reason the smell stays in my car for 3-4 days. but i heard theres some spray you can buy at headshops (i'll get the name of it later) but it takes any smell out right away (i heard its instant)
the problem is im more than a daily smoker so im transporting drugs to my house quite often (well i used to, im being drug tested now, long story, but im gonna start again in march) so its hard to be following traffic laws all the time.
i also heard that the patriot act gives cops the liberty to search your car without reasonable cause?
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Learyfan
It's the psychedelic movement!


Registered: 04/20/01
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I don't know if you saw my post in the other thread, but I told a cop "No" myself. As a result of reading more about it on the internet's best website.....The Shroomery, I was able to better prepare myself. When he asked me, I was ready with a response and response for his response to that. It worked. I got away with weed and Adderall. I was so happy to be free.
-------------------- -------------------------------- Mp3 of the month: The Fe-Fi-Four Plus 2 - I Wanna Come Back (From the World of LSD)
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