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jdm-civic
04-21-2010, 10:07 PM
had a little discussion today with a co-worker about a car smelling like weed. if a cop smells weed in your car but you dont have any in your possession, can you still get arrested for anything? serious responses only

EG_Ryder
04-21-2010, 10:08 PM
nope, not unless you are high while driving...but your car will be destroyed when they search it

AlanŽ
04-21-2010, 10:09 PM
don't think so. it does give them probable cause for a search. but if they dont find anything seeds, stems,l leaf, etc. i doubt they could do anything.

Bacon
04-21-2010, 10:11 PM
Cops can now arrest you for simple possession if it's in your system. If they find anything, it gets worse from there.

jdm-civic
04-21-2010, 10:11 PM
thanks for the mature responses

loverboy_gnd
04-21-2010, 10:11 PM
yh the most they would do is seriously destroy inside your car searching fro it, but they cant arrest you unless the find it on you, the more you have on you the more serious the offense i think under an ounce is a misdemeanor, but anything above is a felony

Echonova
04-21-2010, 10:17 PM
http://i185.photobucket.com/albums/x249/Echonova1/iseewhatyoudidthere.gif

jdm-civic
04-21-2010, 10:27 PM
^^?

Echonova
04-21-2010, 10:29 PM
^^?http://i185.photobucket.com/albums/x249/Echonova1/juggernaut.jpg

blaknoize
04-21-2010, 10:29 PM
|?|?|?

jdm-civic
04-21-2010, 10:30 PM
^^wut?

blaknoize
04-21-2010, 10:44 PM
^^wut?

wait..., wtf did I just say

I never had been pulled over for the "Weed" smell, but my car has been searched plenty of times by officers. As when I was in SC and had a sweating friend that looked "suspect" so they searched my car. When I got pulled over for speeding in ATL Metro they suspected my speed gave probably cause even though my reasoning for speeding was legit (non-working speedo)

I even got pulled over for speeding while LEAVING ATL Metro to come up to Ohio for my grandmother who had a stroke and he searched my car as well. Seems that generally there doesnt even have to be probably cause at least in several unmentioned cases. I feel as though I know why (profilling) but everyone speaks against it.

Getting stopped for accelerating to fast from a red light in Portsmouth, OH by OHHP headed toward the "bad" part of town gave that officer probable cause, then following that, in the same time-frame and night, I was pulled over immediately following that by another officer whom then proceeded to check. He claimed that it seemed as though I was also accelerating to fast. 2nd gear, headlight pointing up and I was thoroughly searched again. But ive never been arrested

But I'm rambaling

eraser4g63
04-21-2010, 11:07 PM
The smell of weed/ alcohol or you just acting in a strange way is probable cause. How ever thats where is gets sticky, headed to the wrong side of town, or head light out or speeding is not probable cause. Acting like a douche bag or even kinda acting in a way that is inconsistent with how a jury would act in your situation is probable cause. How ever you can deny them the search it doesn't matter how hard they want to bully you or be an ass you can simply say no ( even if they have probable cause [ unless your on probation or parol]). That being said if they ask you to step out of the car roll all your windows up and step out and close and lock the door behind you ( this doesn't mean you are guilty you are simply securing your belongings). If you say no to a search they will have to get a warrant ( they wont be able to get a warrant to search just because you said no) but be advised you will end up probably getting some form or fashion of ticket. Try it next time you get pulled over and they want to search your car say no, they will ask you to step out of the vehicle and when you do make sure all your windows are up and when you get out lock your door and close it behind you. Your vehicle is secured at this point in time and they will have to have a search warrant, the catch to all this is if they can see something from a window or they call a K-9 in and the dog alerts to something. But at this point in time if they have smelled weed in your car your playing a pretty shitty game and truth be told you have a 25% chance of the dog actually showing up ( most counties only have 1-2 on at a time unless your in a larger one and they have 4-5) but even if they are waiting on a dog to get there and they have you detained they can only do it for so long before you ask the wonderful question of are you charging me with something or am I free to go? And at this point in time you have put them into a situation that most of them don't want to be in because if you are waiting on a dog you have a good long while to wait most of the time ( this is called False imprisonment). This has all come from an Sheriffs Deputy I work with on a daily basis BTW.

jdm-civic
04-21-2010, 11:08 PM
what all and were all did they search? like your pockets, ash trays, glove boxes?

jdm-civic
04-21-2010, 11:11 PM
The smell of weed/ alcohol or you just acting in a strange way is probable cause. How ever thats where is gets sticky, headed to the wrong side of town, or head light out or speeding is not probable cause. Acting like a douche bag or even kinda acting in a way that is inconsistent with how a jury would act in your situation is probable cause. How ever you can deny them the search it doesn't matter how hard they want to bully you or be an ass you can simply say no ( even if they have probable cause [ unless your on probation or parol]). That being said if they ask you to step out of the car roll all your windows up and step out and close and lock the door behind you ( this doesn't mean you are guilty you are simply securing your belongings). If you say no to a search they will have to get a warrant ( they wont be able to get a warrant to search just because you said no) but be advised you will end up probably getting some form or fashion of ticket. Try it next time you get pulled over and they want to search your car say no, they will ask you to step out of the vehicle and when you do make sure all your windows are up and when you get out lock your door and close it behind you. Your vehicle is secured at this point in time and they will have to have a search warrant, the catch to all this is if they can see something from a window or they call a K-9 in and the dog alerts to something. But at this point in time if they have smelled weed in your car your playing a pretty shitty game and truth be told you have a 25% chance of the dog actually showing up ( most counties only have 1-2 on at a time unless your in a larger one and they have 4-5) but even if they are waiting on a dog to get there and they have you detained they can only do it for so long before you ask the wonderful question of are you charging me with something or am I free to go? And at this point in time you have put them into a situation that most of them don't want to be in because if you are waiting on a dog you have a good long while to wait most of the time ( this is called False imprisonment). This has all come from an Sheriffs Deputy I work with on a daily basis BTW.
very good info! reps to you

Bacon
04-21-2010, 11:14 PM
If they have probable cause, they can search whatever they feel is necessary including your person. Yes, you can deny them the right to search your vehicle and tell them they need a search warrant. However, that will cause more trouble than what you really want.

Plain and simple....don't have no illegal shit in your car and you won't have to worry about it.

eraser4g63
04-21-2010, 11:14 PM
what all and were all did they search? like your pockets, ash trays, glove boxes?

They will search every thing, I have seen car almost completely dismantled and guess what. It is only their job to tear it apart you gotta put it back together. I am talking every thing that is not bolted down pulled out and piled onto the side of the road and that includes some stuff that was bolted down ( Air box, battery, shit of that nature).


If they have probable cause, they can search whatever they feel is necessary including your person. Yes, you can deny them the right to search your vehicle and tell them they need a search warrant. However, that will cause more trouble than what you really want.

Plain and simple....don't have no illegal shit in your car and you won't have to worry about it.

Best advice yet, Though they head ache will be mostly temporary unless they are able to pull a search warrant out of their ass ( slim chance).

jdm-civic
04-21-2010, 11:16 PM
If they have probable cause, they can search whatever they feel is necessary including your person. Yes, you can deny them the right to search your vehicle and tell them they need a search warrant. However, that will cause more trouble than what you really want.

Plain and simple....don't have no illegal shit in your car and you won't have to worry about it.

oh i never carry, just the occasional toke in the whip at home

eraser4g63
04-21-2010, 11:39 PM
On a thread jack note; Bacon where do you work I noticed your sig?

blaknoize
04-21-2010, 11:40 PM
^stop wastin money, use it for gas bish jdm

e30pwr
04-21-2010, 11:40 PM
so driving a stripped car will only help them feel dumb?

jdm-civic
04-21-2010, 11:44 PM
^stop wastin money, use it for gas bish jdm

its not wasting money. its using it wisely! gas money is the least of my worries

EG_Ryder
04-21-2010, 11:49 PM
^stop wastin money, use it for gas bish jdm

he drives a honda, plenty of extra cash from not spending it on gas lol...but he could be saving all of that $$$ for some more mods though

jdm-civic
04-21-2010, 11:59 PM
^^true but i have no more mods to buy!

1990wade
04-22-2010, 12:01 AM
^^^LOL

DriVaH
04-22-2010, 12:04 PM
the rules don't apply to everyone. they do what they like, with who they like, and hope you don't know any better. but although knowing your rights can help, it only helps sometimes... gotta love the system!

Bacon
04-22-2010, 06:46 PM
On a thread jack note; Bacon where do you work I noticed your sig?

private service here in atlanta.