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Offlinewickedscepter
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Registered: 02/19/07
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Last seen: 6 years, 10 months
i was arrested for possession last night
    #7813477 - 12/30/07 12:28 PM (16 years, 1 month ago)

I was arressted for possession and had my car towed. Here's how it went down...

Three friends and I were driving from a Steak N Shake to a friend's apartment at about 1:15 in the morning. I was driving my '86 Mustang GT and was wearing a wool lined jean jacket (I also have long hair) with my friend S in the passenger seat with a beany on his head and another friend F, who is black and wearing a hoodie in the back seat. We had smoked in the car before arriving to Steak N Shake and I had drank three beers over a three hour period before hand. We were driving the speed limit and only slightly stoned. We drove passed a Quick Trip where we saw two cops sitting in the parking lot and after we drove passed them they slowly pulled out after us. I buckled my seatbelt when they were still far away and I could see them coming closer and closer. I don't have a reputation and we weren't doing anything suspicious.

Boom. Flashing lights. I pulled over to a parking lot adjacent to a McDonald's and stopped next to a landscaped divider in the parking lot. I had a pipe in a tray in the console and I threw it under the seat. I had weed in a black film canister and put it in my upper left breast pocket. My jacket is fluffy enough to not even notice that there was anything in it and I did it without suspicious movements.

The cop asks for our ID's and insurance. We produce ID's and I fumbled around looking for the insurance card. I had several in the glove box both expired and legit and upon my search for it he asked if I did have registered insurance. I said yes I did and that I simply had to find the right card but he said not to worry about it. He went to check our ID's after asking us if we had anything he needed to know about.

When he comes back he asks me to step out of the car. I do so and stand over by his car where he asks if he can do a pat search. I said that I do not consent to searches and he starts asking me why and all this shit. I restated what I said about searches and that I wasn't going to ask questions without my lawyer. He tried to give me more shit and I said if your going to pat me down then do it but for the record I'm not allowing this. He pats me down more than any other pat down I had ever recieved. He practically felt everything on me and in my pockets.

He asked what was in my upper left pocket and I told him it was a film canister. He asked what was in it and I said film. He also asked what was in my right breast pocket which was a lighter. He asked me if I had been drinking and I told him that I had one beer a couple hours earlier. He gives me the pupil test (a sobriety test that he didn't ask and I didn't consent to) by moving a light back and forth but he did it only one time because I was pretty sober. Then he proceeds to search F who has nothing illegal although he does have a knife on him which he alerts the officer to. The officers takes it and after searching him the rest of the way he goes and opens my car door and sticks his head inside. I said again that I didn't consent to searches and he did not ask. He said he was "putting the knife away in the car". He said it smelled like marijuana and I replied that it was a used car and that it could smell like anything. I also said I had just bought it over the summer, which I had.

The same officer then proceeded to search S who had a baggie in his pocket. I haven't talked to him about it yet but I'm sure that he got an intrusive pat search and that the officer recognized the bag and it's likely contents. Note that S does not know that I had weed on me and I didn't say anything when I put my pipe under the seat so he doesn't know I have anything on me and therefore couldn't have ratted on me. He was handcuffed and was lead to the other officer's car (it was still just the two of them) where he was placed in the back seat.

The officer comes directly over to me and tells me to give him the film canister. I said again that I don't consent to searches and that if he was going to take it anyway, that he should just do it. It had some really tasty mids in it and I was placed under arrest and S and I were taken to the jail while F had to wait for a ride. I asked the cops if F could drive my car but he didn't have a license. I then asked if they could park it in a parking spot which was mere 2-3 feet from the car. Of course they weren't going to do that. The second officer didn't do shit the whole time besides stand around and give typical vague responses to why the fuck were they taking such drastic measures in a traffic stop in which I "failed to maintain one lane". I actually drove perfectly as I have been tailed MANY times before and the officer said that I had crossed over the line of the lane. He had already found me to be sober enough to drive long before any of this searching business.

We get to the station and go throught the typical process. He writes me a ticket for my "driving" and a possession charge and then releases S and I.

Any thoughts? I have my Marijuana Law book right in front of me and I think I did a pretty good job. Obviously I should have parked in a parking spot and I forgot to lock my door upon leaving the car. I also could have put the film canister in the inside pocket where the thick wool could have kept him from feeling the it. The whole time one cop was silent while the other one did everything. He tried to get me to infringe upon myself with questions and reffering to our Steak N Shake run as a case of the munchies after I had said I wanted my lawyer. I didn't admit to anything and I definately think the search was unusually thorough considering he was only "looking for weapons". F, S and I were all extremely polite and relaxed and we didn't do anything suspicious. To search F and S after finding me sober seemed excessive. I know the officer probobly thought the film canister contained weed immediately but there is no way he could have known for sure what was in there. Also, S having weed doesn't mean that I have weed. The officer left me to search F because he couldn't do anything about the film canister yet but after finding weed and "putting the knife away" (i.e. smelling for weed) he all of a sudden was sure the film canister contained something illegal? Yea right.

I'm pretty confident I can get this thrown out and it's only a misdemeanor anyway but I'm trying to recall the situation as detailed as possible. If you could help pick apart this situation and jog my memory about other details I would be most grateful. The situation occured in St. Peters, Mo which is a quickly expanding city/suberb outside St. Louis. In fact, I think it's and fastest growing area in the country. Also, they are building a huge highway patrol station very near my house that will employ over 300 officers. Time to leave!

On another note, where are the cool cities that tolerate weed? Any in the US besides California or Colorado?

Thank you Shroomery!


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InvisiblePrisoner#1
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813493 - 12/30/07 12:35 PM (16 years, 1 month ago)

your mistake was keeping that film can on you, if you'd have allowed the pat down
you may not have had the car searched, your friend wouldnt have been searched if
you were clean. the cops mistake was in opening the car door, to "put the knife away"


hire a lawyer tomorrow that specializes in drug offenses


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Offlinewickedscepter
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Registered: 02/19/07
Posts: 239
Last seen: 6 years, 10 months
Re: i was arrested for possession last night [Re: Prisoner#1]
    #7813547 - 12/30/07 12:52 PM (16 years, 1 month ago)

How could he have known that the film canister contained weed? He didn't mention anything about weed until he found some on S. At no point did I give him any indication that it contained anything other than film. I know film canisters are a popular way to carry marijuana but I could have had my camera in the car or something.


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Offlinekody260z
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Registered: 11/16/07
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Last seen: 15 years, 8 months
Re: i was arrested for possession last night [Re: wickedscepter]
    #7813549 - 12/30/07 12:52 PM (16 years, 1 month ago)

that sucks...as far as places to live that tolerate it, try Ann Arbor, MI. Assuming your not on the college campus, a weed bust results in only a $25 ticket (no different than a parking ticket). More info here: http://en.wikipedia.org/wiki/Marijuana_laws_in_Ann_Arbor,_Michigan


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InvisibleAtheist
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813580 - 12/30/07 01:04 PM (16 years, 1 month ago)

if there are 4 people in a car and only one of them has marijuana, they are all guilty of possession

fuck these laws


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InvisiblePrisoner#1
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813590 - 12/30/07 01:07 PM (16 years, 1 month ago)

Quote:

wickedscepter said:
I know film canisters are a popular way to carry marijuana but I could have had my camera in the car or something.




it's not that he knew it contained weed, you refused consent to the one search
that he was entitled to do, the pat down that ensures his safety, it doesnt
qualify for warranted/probable cause searches, that raises his suspiscion and gets
him seeking clues as to why you're carrying a film can


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InvisibleGGreatOne234
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Registered: 12/23/99
Posts: 8,946
Re: i was arrested for possession last night [Re: wickedscepter]
    #7813624 - 12/30/07 01:19 PM (16 years, 1 month ago)

police mess with guys who have long hair, cut it short

do not ever drink alcohol and then drive, it is selfish and stupid

never tell a cop who pulls you over that you have only had one beer, they can still arrest you for it

never drive around with drugs in your vehicle, or at least only when driving home from a dealers, leave your drugs safe at home

if you get pulled over and someone has a weapon on them, the cops are going to fuck with you

i would probably get a lawyer if i was in your position


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OfflineCoaster
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Re: i was arrested for possession last night [Re: Prisoner#1]
    #7813634 - 12/30/07 01:21 PM (16 years, 1 month ago)

i have been in a very similar situation but i got it way worse than u
they towed my car and gave me a DUI even tho i was only high and didnt drink anytiing
it cost me $600 to get my car back from the tow place and eventually the case was thrown out but my weed/pipe/tow$ was never returned and i spent the night in jail
they also took away my license and made me go back 2 the DMV to get a new 1


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


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InvisibleMistaUNGA
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Re: i was arrested for possession last night [Re: GGreatOne234]
    #7813641 - 12/30/07 01:24 PM (16 years, 1 month ago)

Quote:

He tried to give me more shit and I said if your going to pat me down then do it




There's your consent right there.


--------------------
:gc:
Madtowntripper said:Or just give her a cloroform soaked rag and tell her it's ether!


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InvisibleAtheist
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Re: i was arrested for possession last night [Re: Coaster]
    #7813653 - 12/30/07 01:26 PM (16 years, 1 month ago)

Quote:

Coaster said:
but my weed/pipe/tow$ was never returned




:lol:


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InvisibleGGreatOne234
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Registered: 12/23/99
Posts: 8,946
Re: i was arrested for possession last night [Re: Coaster]
    #7813656 - 12/30/07 01:27 PM (16 years, 1 month ago)

Quote:

my weed/pipe/tow$ was never returned




???? that is extremely bizarre. the least they could have done was arrange a time for you to pick your illegal drugs and illegal drug pipe up from the crime lab. how unfair. those cops did not treat you with any respect.


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Invisiblejewunit
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813671 - 12/30/07 01:31 PM (16 years, 1 month ago)

He doesn't have to ask for a quick pat down search if I remember correctly.
You should have asked why you needed to step out of the car. You probably could have avoided it all together if you could have just stayed in the car.


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OfflineDivinatory
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Registered: 05/15/07
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Re: i was arrested for possession last night [Re: jewunit]
    #7813696 - 12/30/07 01:38 PM (16 years, 1 month ago)

so what exactly would one do if in this situation to avoid getting busted


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Invisiblejewunit
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Re: i was arrested for possession last night [Re: Divinatory]
    #7813708 - 12/30/07 01:42 PM (16 years, 1 month ago)

Don't get yourself in that situation.
Weed is bad.


--------------------
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Offlinecoda
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Re: i was arrested for possession last night [Re: Divinatory]
    #7813726 - 12/30/07 01:49 PM (16 years, 1 month ago)

Quote:

they towed my car and gave me a DUI even tho i was only high and didnt drink anytiing




lol, christ, you do realize that "driving under the influence" can refer to anything that intoxicates humans right. You don't need to be drunk to get a d/u(w)/i

Quote:

that is extremely bizarre. the least they could have done was arrange a time for you to pick your illegal drugs and illegal drug pipe up from the crime lab. how unfair. those cops did not treat you with any respect.




if he lives in cali and has a legal prescription for it there's a good chance he's entitled to the weed and the pipe. I'm not really sure how that works tho.


--------------------
To get really high is to forget yourself. And to forget yourself is to see everything else. And to see everything else is to become an understanding molecule in evolution, a conscious tool of the universe. And I think every human being should be a conscious tool of the universe. . . .

-JG

i really am glad you came back to us instead of taking the other path. *hug*

-A_S (RIP your final words to me will never be forgotten)



Don't fuck with the laughing jesus.


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InvisibleGGreatOne234
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Registered: 12/23/99
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Re: i was arrested for possession last night [Re: Divinatory]
    #7813727 - 12/30/07 01:49 PM (16 years, 1 month ago)

Quote:

Divinatory said:
so what exactly would one do if in this situation to avoid getting busted




i just told you

do not drink and drive

do not carry drugs around with you

do not carry weapons on you

and to go even furthur with it, do not even use drugs if you drive around in your own car, cops can bring you in if they really want to and drug test you and if they find anything in your system you will get busted for it.. then again you could refuse the drug test and just get your liscense revoked for a couple years


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InvisibleBoutang
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813736 - 12/30/07 01:52 PM (16 years, 1 month ago)

I think you would've been fine if you didn't put the film canister in your pocket. My experience is keep everything in the locked glove box and keep your car papers out somewhere so you know where they are and of course never consent to a search of the vehicle(Not saying you did).


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

North to the future is our motto I'm still up north no future to follow
We do these things and we don't give a fuck, we fire up a blunt in the car bumping Cougnut.


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Offlinewickedscepter
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Registered: 02/19/07
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Re: i was arrested for possession last night [Re: Boutang]
    #7813854 - 12/30/07 02:26 PM (16 years, 1 month ago)

Realistically, how easy do you think it will be for my lawyer to get it thrown out?


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OfflineCoaster
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Re: i was arrested for possession last night [Re: wickedscepter]
    #7813874 - 12/30/07 02:31 PM (16 years, 1 month ago)

ya in cali if u have a script u can get ur weed back
and even if i didnt have a script they would hafta give me back my peice
and my car was parked on the st and they still towed it
and my gf was in there and she had a license but they were such fucking douche bags
and i never got my phone call n jail either
the system is so corrupt


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


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OfflineSpooge
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Posts: 5,189
Loc: Ice patches that last for...
Last seen: 11 years, 2 months
Re: i was arrested for possession last night [Re: wickedscepter]
    #7813880 - 12/30/07 02:33 PM (16 years, 1 month ago)

Quote:

wickedscepter said:
Realistically, how easy do you think it will be for my lawyer to get it thrown out?




If you can afford a couple thousand dollars in legal / lawyer fees, then MAYBE you have a chance.


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