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      04-18-2012, 05:52 PM   #1
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Another Pot Question (hypothetical situation)

Was talking to a friend the other day and the question arose, what do you do if you're pulled over and you have Pot in your car, and they claim to "smell" it.

His response was put it in the glove box and lock it.

What your opinions and would the glovebox work? Do they have the right to break your glovebox or a safe inside your glovebox.
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      04-18-2012, 06:03 PM   #2
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Quote:
Originally Posted by E90SoFlo View Post
Was talking to a friend the other day and the question arose, what do you do if you're pulled over and you have Pot in your car, and they claim to "smell" it.

His response was put it in the glove box and lock it.

What your opinions and would the glovebox work? Do they have the right to break your glovebox or a safe inside your glovebox.
No if they don't have a warrant..even with probable cause.
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      04-18-2012, 06:03 PM   #3
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The smell gives them probable cause and so does the refusal to let them search.
They make you wait while they get search warrant using said probable cause.
You're effed.
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      04-18-2012, 06:14 PM   #4
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Ran into this exact situation, except we didn't have any pot nor do we smoke.

Going to dinner with 4 people in the car, cop pulls us over for a brake light being out. When we roll down the window he claims to smell pot and asks us to come clean. We tell him no one has anything and he demands once again for someone to come clean or we're going to jail. We tell him yet again we have absolutely nothing and we're just going to dinner. He asks to search the car and we oblige. He calls for backup, pulls each one of us out and searches us then goes through the car.

My buddies glove box was locked and he asked us to unlock it or "things will get difficult". My friend opens it as we have nothing to hide. About an hour goes by of searching and he realizes we have nothing, tells us to get back in the car then says we're lucky and hes going to let us off with a warning for the bulb being out.

Like grant said, probably cause can be anything, in this case the "smell" was probable cause enough to warrant him to search the car.
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      04-18-2012, 06:33 PM   #5
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Quote:
Originally Posted by Grant@DetailAddict View Post
The smell gives them probable cause and so does the refusal to let them search.
They make you wait while they get search warrant using said probable cause.
You're effed.
So what do you do? Is it possible for them to get a "warrant" in 30 minutes time?

Your innocent until proven guilty and unless they can prove you guilty you have the right to leave correct?
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      04-18-2012, 07:03 PM   #6
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They will either detain you until the warrant comes through or if it takes more time they will tow the car and detain you (not arrest) until it happens.

Unfortunately the innocent until proven guilty is all up to the cop and if he determines there to be any probable cause what so ever.

Kinda of an authoritarian approach.
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      04-18-2012, 07:07 PM   #7
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Quote:
Originally Posted by Grant@DetailAddict View Post
They will either detain you until the warrant comes through or if it takes more time they will tow the car and detain you (not arrest) until it happens.

Unfortunately the innocent until proven guilty is all up to the cop and if he determines there to be any probable cause what so ever.

Kinda of an authoritarian approach.
"detain" haha what a lame word.

How about if there is a actual safe in the car that you don't know the combination to. They could take the safe and "detain" you until they get a plasma cutter to open it, which then they find nothing and owe you a safe?
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      04-18-2012, 07:15 PM   #8
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If you refuse, they will detain you until a warrant is issued or, most likely, call the K-9 unit to search for a "hit."

I'd say if it comes to all that Guess what?

POLICE NAW GIVE YOU NO BREEEEAAAAAK

Arrest, car towed and impounded. But at least you can brag to your friends about "Keepin' it real!"
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      04-18-2012, 07:18 PM   #9
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Quote:
Originally Posted by miiipilot View Post
If you refuse, they will detain you until a warrant is issued or, most likely, call the K-9 unit to search for a "hit."

I'd say if it comes to all that Guess what?

POLICE NAW GIVE YOU NO BREEEEAAAAAK

Arrest, car towed and impounded. But at least you can brag to your friends about "Keepin' it real!"
The alternative is admitting you have it in your car, being arrested and having the car impounded, sitting in jail all night?

I would like to hear everyone else's suggestions too
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      04-18-2012, 07:25 PM   #10
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I have a better idea..don't smoke J's or L's and instead get a portable vape with just enough to get you baked. Problem solved.

Trust me, it works.
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      04-18-2012, 07:29 PM   #11
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if you have it and he smells it, your fucked
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      04-18-2012, 07:36 PM   #12
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Quote:
Originally Posted by E90SoFlo View Post
"detain" haha what a lame word.

How about if there is a actual safe in the car that you don't know the combination to. They could take the safe and "detain" you until they get a plasma cutter to open it, which then they find nothing and owe you a safe?
They would wait until you sued for a new one. They wouldn't buy you one probably lol. That would fall into the category of towing the car not waiting on the road for it.

Lame for real.
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      04-18-2012, 07:46 PM   #13
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Quote:
Originally Posted by E90SoFlo View Post
The alternative is admitting you have it in your car, being arrested and having the car impounded, sitting in jail all night?

I would like to hear everyone else's suggestions too
1st: Stop keepin' it real. Don't break the law.
I assume you jerk off? Do you do that while your driving around? NO!

2nd: If you must smoke, do it at your house. Police aren't raiding houses b/c your front porch light is out.

3rd: Look into the law of your state. Most states have decriminalized marijuana. Make sure you don't carry more dope than what would be deemed for personal use. If you have just a little bit and are honest and polite with the cops from the get-go, you might just catch a break. Or receive just a ticket.

4th: If you do face this situation, be polite. But by your attitude, your probably be a hard-ass and get everything you deserve. Then you'll post another thread whining about, "How you hate cops b/c they were dicks b/c they enforced the law that you broke and that's bullshit."
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      04-18-2012, 07:57 PM   #14
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Quote:
Originally Posted by miiipilot View Post
1st: Stop keepin' it real. Don't break the law.
I assume you jerk off? Do you do that while your driving around? NO!

2nd: If you must smoke, do it at your house. Police aren't raiding houses b/c your front porch light is out.

3rd: Look into the law of your state. Most states have decriminalized marijuana. Make sure you don't carry more dope than what would be deemed for personal use. If you have just a little bit and are honest and polite with the cops from the get-go, you might just catch a break. Or receive just a ticket.

4th: If you do face this situation, be polite. But by your attitude, your probably be a hard-ass and get everything you deserve. Then you'll post another thread whining about, "How you hate cops b/c they were dicks b/c they enforced the law that you broke and that's bullshit."
I have actually had my car completely torn apart by a few cops that "thought" they had probable cause, which there wasn't, and there was nothing in the car, so obviously nothing that they found, and they treated me like complete shit even though I was calling them yes sir, no sir, yes ma'am no ma'am, telling me they would beat me with there flashlight if i answered the other officers question, getting so close to my face and yelling that they actually spit on me etc.

They didn't find anything and ended up giving me a speeding ticket (for 8mph over)

Leaving my entire car torn apart, breaking the clips that hold the door panels on, leaving $500+ sunglasses that threw into the backseat on the floor and leaving everything a complete wreck.

If thats acceptable then cop's really need get a reality check.
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      04-18-2012, 10:18 PM   #15
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Quote:
Originally Posted by E90SoFlo View Post
I have actually had my car completely torn apart by a few cops that "thought" they had probable cause, which there wasn't, and there was nothing in the car, so obviously nothing that they found, and they treated me like complete shit even though I was calling them yes sir, no sir, yes ma'am no ma'am, telling me they would beat me with there flashlight if i answered the other officers question, getting so close to my face and yelling that they actually spit on me etc.

They didn't find anything and ended up giving me a speeding ticket (for 8mph over)

Leaving my entire car torn apart, breaking the clips that hold the door panels on, leaving $500+ sunglasses that threw into the backseat on the floor and leaving everything a complete wreck.


If thats acceptable then cop's really need get a reality check.
WTF that's BS. I would sue them.
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      04-18-2012, 10:57 PM   #16
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Quote:
Originally Posted by l4wr3nc3 View Post
Ran into this exact situation, except we didn't have any pot nor do we smoke.

Going to dinner with 4 people in the car, cop pulls us over for a brake light being out. When we roll down the window he claims to smell pot and asks us to come clean. We tell him no one has anything and he demands once again for someone to come clean or we're going to jail. We tell him yet again we have absolutely nothing and we're just going to dinner. He asks to search the car and we oblige. He calls for backup, pulls each one of us out and searches us then goes through the car.

My buddies glove box was locked and he asked us to unlock it or "things will get difficult". My friend opens it as we have nothing to hide. About an hour goes by of searching and he realizes we have nothing, tells us to get back in the car then says we're lucky and hes going to let us off with a warning for the bulb being out.

Like grant said, probably cause can be anything, in this case the "smell" was probable cause enough to warrant him to search the car.
Never let a LEO search your car without a warrant even if you have nothing to hide. I heard many stories where the cop will leave illegal items in the car they are searching to have a reason to arrest you. There are too many dirty cops out there..
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      04-18-2012, 11:16 PM   #17
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Quote:
Originally Posted by sA x sKy View Post
No if they don't have a warrant..even with probable cause.
You're completely wrong, if they have probable cause to search your car, they can go in your glove box, locked or not, they will just break it open if you refuse. The question is does simply "smelling" it constitute probably cause. Without some other evidence, probably not.
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      04-19-2012, 08:15 AM   #18
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Eat it right in front of the cops eyes, and then say "prove it"
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      04-19-2012, 09:32 AM   #19
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My suggestion is don't smoke in your car and if you have to transport it DON"T get pulled over.
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      04-19-2012, 09:38 AM   #20
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I am beginning to hate these treads, simple answer never ever agree to allow them to search your car or your possession without a search warranty. It will never be in your best interest to allow them to search your possession. Police will lie to you about all the bad things they can do to you or will happen if you do not allow them to do what they are so called ordering you to do. It all lies, if the officer has real PC he will not ask, they will remove you from the car and immediately search. Asking just covers them if they screwed up. Also if they really felt you did something wrong and wanted to make sure they are covered they will call in and get a search warranty at the point your screwed anyway. But if you do not allow them to search and you must tell them they do not have your permission and they do in fact search with or without a warrant and they can not back up the PC a good lawyer will get what ever they claimed you did tossed form court.

Also and always remember this, especially those who claim they have nothing to hide, everyone has something to hide, even Priests. Can you say with 100% certainty that every person who has ever been in your car has been squeaky clean.

So again, Police lie, all people have things to hide, keep your mouth shut and never consent to a search.

I will also point out it is legal for the police to lie to extract the truth from you, but it is illegal for you to lie to them to extract the truth from them as to the real reason they are asking you to comply with their orders. If you lie to the police there are a number of laws they can use against you. And the Supreme court has upheld the police rights to lie to you.

Last edited by Maestro; 04-19-2012 at 10:48 AM..
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      04-19-2012, 09:42 AM   #21
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Quote:
Originally Posted by O-cha View Post
You're completely wrong, if they have probable cause to search your car, they can go in your glove box, locked or not, they will just break it open if you refuse. The question is does simply "smelling" it constitute probably cause. Without some other evidence, probably not.
Actually, you're wrong there is new case law on this subject, honestly, this whole subject has been brought up before, and people should not make statements like this. The best advise and this comes from lawyers all over the place, shut up do not answer the police's trick question and never ever consent to a search even if you feel you have nothing to hid.
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      04-19-2012, 12:11 PM   #22
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Quote:
Originally Posted by Maestro View Post
Actually, you're wrong there is new case law on this subject, honestly, this whole subject has been brought up before, and people should not make statements like this. The best advise and this comes from lawyers all over the place, shut up do not answer the police's trick question and never ever consent to a search even if you feel you have nothing to hid.
So while you're sitting there pretending to be a hard-ass while they are holding you until they get a warrant or bring dogs in, I'll just let them attempt to find something (which they won't because I'm not a moron), and then laugh it off when I am driving away with a ticket for speeding or whatever it is that they originally pulled me over for.

Seriously... If you don't have anything to hide, then why be so difficult? Not only are you wasting their time, and thus pissing them off more, but you're wasting your own damn time. If the cop has a vendetta against you for some reason, you're screwed anyway. I don't have time to sit there and play tough guy while they get even more pissed and try to make my day even longer.

And LOL at the "the cops planted the illegal substance on me, I'm innocent I swear" statement.

This just seems to be another one of those, "I know I was breaking the law by doing something, but the cop is a dick for busting me on it" threads, or at least it's gonna turn into something like that...

I really don't understand it. I drive my car a lot, and I'm the first to admit I don't follow the laws all the time (speed, etc), but I have only been pulled over once luckily. That one time, I was very respectful and courteous. I didn't admit fault, just simply stated I didn't realize. I got a warning (I was going 85 in a 60 in northern NJ). Oh, and I don't smoke pot or anything, so I guess nothing I own would just "smell like pot."

Denial...
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