|
|
|
|
|
|
BMW Garage | BMW Meets | Register | Today's Posts | Search |
|
BMW 3-Series (E90 E92) Forum
>
Another Pot Question (hypothetical situation)
|
|
04-18-2012, 05:52 PM | #1 |
Banned
217
Rep 2,669
Posts |
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. |
04-18-2012, 06:03 PM | #2 | |
Sameet
749
Rep 2,541
Posts
Drives: AY/B M4 '15
Join Date: Apr 2010
Location: Long Island, New York
|
Quote:
|
|
Appreciate
0
|
04-18-2012, 06:03 PM | #3 |
Brigadier General
309
Rep 4,443
Posts |
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. |
Appreciate
0
|
04-18-2012, 06:14 PM | #4 |
The Law.
311
Rep 14,282
Posts |
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. |
Appreciate
0
|
04-18-2012, 06:33 PM | #5 | |
Banned
217
Rep 2,669
Posts |
Quote:
Your innocent until proven guilty and unless they can prove you guilty you have the right to leave correct? |
|
Appreciate
0
|
04-18-2012, 07:03 PM | #6 |
Brigadier General
309
Rep 4,443
Posts |
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. |
Appreciate
0
|
04-18-2012, 07:07 PM | #7 | |
Banned
217
Rep 2,669
Posts |
Quote:
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? |
|
Appreciate
0
|
04-18-2012, 07:15 PM | #8 |
Lieutenant Colonel
530
Rep 1,503
Posts |
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!"
__________________
miiipilot
'24 M2 Brooklyn Grey, 6mt, Bi-Color, Black M-Color seats, '16 MG M2, DCT, Exec. Took Delivery 4/30/16 (Sold) |
Appreciate
0
|
04-18-2012, 07:18 PM | #9 | |
Banned
217
Rep 2,669
Posts |
Quote:
I would like to hear everyone else's suggestions too |
|
Appreciate
0
|
04-18-2012, 07:25 PM | #10 |
Sameet
749
Rep 2,541
Posts
Drives: AY/B M4 '15
Join Date: Apr 2010
Location: Long Island, New York
|
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. |
Appreciate
0
|
04-18-2012, 07:36 PM | #12 | |
Brigadier General
309
Rep 4,443
Posts |
Quote:
Lame for real. |
|
Appreciate
0
|
04-18-2012, 07:46 PM | #13 | |
Lieutenant Colonel
530
Rep 1,503
Posts |
Quote:
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."
__________________
miiipilot
'24 M2 Brooklyn Grey, 6mt, Bi-Color, Black M-Color seats, '16 MG M2, DCT, Exec. Took Delivery 4/30/16 (Sold) |
|
Appreciate
0
|
04-18-2012, 07:57 PM | #14 | |
Banned
217
Rep 2,669
Posts |
Quote:
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. |
|
Appreciate
0
|
04-18-2012, 10:18 PM | #15 | |
Sameet
749
Rep 2,541
Posts
Drives: AY/B M4 '15
Join Date: Apr 2010
Location: Long Island, New York
|
Quote:
|
|
Appreciate
0
|
04-18-2012, 10:57 PM | #16 | |
Colonel
153
Rep 2,368
Posts |
Quote:
|
|
Appreciate
0
|
04-18-2012, 11:16 PM | #17 |
Brigadier General
230
Rep 4,726
Posts |
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.
__________________
|
Appreciate
0
|
04-19-2012, 09:32 AM | #19 |
Captain
69
Rep 658
Posts |
My suggestion is don't smoke in your car and if you have to transport it DON"T get pulled over.
|
Appreciate
0
|
04-19-2012, 09:38 AM | #20 |
Major
1060
Rep 1,268
Posts |
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.. |
Appreciate
0
|
04-19-2012, 09:42 AM | #21 | |
Major
1060
Rep 1,268
Posts |
Quote:
|
|
Appreciate
0
|
04-19-2012, 12:11 PM | #22 | |
Lieutenant Colonel
271
Rep 1,883
Posts
Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...
|
Quote:
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...
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel |
|
Appreciate
0
|
Bookmarks |
|
|