busted on the spot.my story and now what?

That depends where you're from. If you live in a small town, don't think those bored as hell cops won't hesitate to get a warrant to search you (often they have nothing better to do, seen it firsthand). Lying and then them finding out (and they will) will only hurt your case. Refusing search, even though within the spectrum of rights, is as suspicious as refusing a sobriety test in a traffic stop.

LightningMcGreen said:

That depends where you're from. If you live in a small town, don't think those bored as hell cops won't hesitate to get a warrant to search you (often they have nothing better to do, seen it firsthand). Lying and then them finding out (and they will) will only hurt your case. Refusing search, even though within the spectrum of rights, is as suspicious as refusing a sobriety test in a traffic stop.

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The law is the same anywhere you are in the USA. As a USA citizen you have rights no matter where you live. A judge has to issue a warrant. Do you think at midnight that cop was going to find a judge? Was he going to waste his time inpounding the car and holding this guy at the chance he has a bust for some unknown substance. Do you think he was going to chance his reputation on a suspicion that this kid had something?
Admit to nothing EVER. The only thing ratting yourself out does is guarantee you lose your shit and most likely get arrested. Do a google search for illegal searches if you think they will just search you anyway. They don't get away with it. I was illegaly searched in 1985 and when I got to court the judge ripped the cop a new asshole in his chamber with my lawyer and the prosicutor. I bet he never did it again.

Back in 85 they didn't have the right to search whatever they wanted to, whenever they wanted to. In this day and age all they have to have is probable cause and they can do what ever they want. By him being parked in a well known area for drug use and having the spotlight put on him, don't think they didn't see him stashing his shit. They're trained to look for that kind of stuff you know. And that's all the probable cause they need to search your ass whether you like it or not and it will stand up in a court of law.

Ever watch cops? I don't how many episodes I've watched where they didn't have permission to search someones car and they do anyway because they had probable cause.

Here is a link that describes it detail.

http://www.lectlaw.com/def2/p089.htm

shoulda went home and rolled that joint instead.

good advice u cant just park somewhere and smoke especially at midnight in high crime area the op's post is a lesson on how to get busted and how to do the cops job for them
and the weed smell is all the probable cuase they need

tinyTURTLE said:

shoulda went home and rolled that joint instead.

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Smucker G said:

The law is the same anywhere you are in the USA. As a USA citizen you have rights no matter where you live. A judge has to issue a warrant. Do you think at midnight that cop was going to find a judge? Was he going to waste his time inpounding the car and holding this guy at the chance he has a bust for some unknown substance. Do you think he was going to chance his reputation on a suspicion that this kid had something?
Admit to nothing EVER. The only thing ratting yourself out does is guarantee you lose your shit and most likely get arrested. Do a google search for illegal searches if you think they will just search you anyway. They don't get away with it. I was illegaly searched in 1985 and when I got to court the judge ripped the cop a new asshole in his chamber with my lawyer and the prosicutor. I bet he never did it again.

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Things have changed since then. I'm not saying they're in the right by searching without probable cause, but they do. YOU are the only one on the moral high ground when interfacing with the law.

Again, look at the situation. A probably younger guy, out alone in a hotspot for criminal activity, at midnight, enjoying a shake? Hmmm, not exactly the most inconspicuous behavior...the cops aren't stupid. Even though that alone isn't probable cause, all they have to do is call in a K-9 unit, and when the dog DOES point to drugs, that IS justifiable for a search. And yes, cops can and do wake a judge in the middle of the night for search warrants (not typically to search a car, because again the K-9 does that part but it happens).

Making a cops job difficult is only going to piss them off and make them want to bust you for more. If it was just as easy as you make it, people would be going anywhere and everywhere blazing and snortin shit in their car knowing they couldn't be searched just on a "hunch".

This is what you should of done...

http://www.youtube.com/watch?v=eDJrQBwJpqk

shoulda just dropped all of it into your milk shake, woulda been near impossible for them to find anything. Of course hindsight is always 20/20. In the future assert your rights. Parking in an area DESIGNED for parking cars is not probable cause, even if it happens to be notorious. Interstate 5 in California is notorious for having cars carrying drugs travel down it, does that give police probable cause to search any of the vehicles it wishes? Parking a vehicle in a Parking lot ina bad part of town is not illegal, there is no probable cause.

Perhaps learn the 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Next time tell them you were there to masturbate.

Dropastone said:

Back in 85 they didn't have the right to search whatever they wanted to, whenever they wanted to. In this day and age all they have to have is probable cause and they can do what ever they want. By him being parked in a well known area for drug use and having the spotlight put on him, don't think they didn't see him stashing his shit. They're trained to look for that kind of stuff you know. And that's all the probable cause they need to search your ass whether you like it or not and it will stand up in a court of law.

Ever watch cops? I don't how many episodes I've watched where they didn't have permission to search someones car and they do anyway because they had probable cause.

Here is a link that describes it detail.

http://www.lectlaw.com/def2/p089.htm

Click to expand...

wow, i was going to write that same thing just about word per word. Weird. Excellent point.

NoDrama said:

shoulda just dropped all of it into your milk shake, woulda been near impossible for them to find anything. Of course hindsight is always 20/20. In the future assert your rights. Parking in an area DESIGNED for parking cars is not probable cause, even if it happens to be notorious. Interstate 5 in California is notorious for having cars carrying drugs travel down it, does that give police probable cause to search any of the vehicles it wishes? Parking a vehicle in a Parking lot ina bad part of town is not illegal, there is no probable cause.

Perhaps learn the 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Next time tell them you were there to masturbate.

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the patriot act renders the 4th amendment null and void.

If you want to believe the cop will go easy on you if you give your self up your a fool. The only one you will make it easy on is the cop. Thanks but I'll assert the rights I have as an American. Only a fool would give himself up. Once you get arrested if you don't get a lawyer the prosecutor will go easy on you, don't worry he's your friend too.

I'm having a hard time figuring out how "the patriot act renders the 4th amendment null and void" Could you please tell me how you came up with that? The patriot act say zero about searching an Americans car, property or person.

Odds are always with cops. We are at war with the system and there are no rules. Always be cool and keep you and yours safe. I don't know any of ya'll at all but we fight together! Being BUSTED sucks, I know. We are all together on our smoke! It's GOOD!

making good decisions about where/when to smoke also is a major factor.

tinyTURTLE said:

making good decisions about where/when to smoke also is a major factor.

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This is the best advice given. Being out at midnight getting a shake? Then parking in some "dark" spot. Wow that seems totally inconspicuous.

Smucker G said:

If you want to believe the cop will go easy on you if you give your self up your a fool. The only one you will make it easy on is the cop. Thanks but I'll assert the rights I have as an American. Only a fool would give himself up. Once you get arrested if you don't get a lawyer the prosecutor will go easy on you, don't worry he's your friend too.

I'm having a hard time figuring out how "the patriot act renders the 4th amendment null and void" Could you please tell me how you came up with that? The patriot act say zero about searching an Americans car, property or person.

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Is that a joke?

Dude, the Patriot act was drafted so that law enforcement has the capabilities to search phone records, email, and ALL of your financial records. Without getting ANYONE's approval. They also expanded the definition of 'terrorism' to also include 'domestic terrorism.' Meaning, all of us Americans are subject to ANY type of search and seizure and ANY given moment. Educate yourself dude, and don't just blurt out shit that's not true. You need to do some reading.

http://en.wikipedia.org/wiki/USA_PATRIOT_Act

PistilPimp said:

Is that a joke?

Dude, the Patriot act was drafted so that law enforcement has the capabilities to search phone records, email, and ALL of your financial records. Without getting ANYONE's approval. They also expanded the definition of 'terrorism' to also include 'domestic terrorism.' Meaning, all of us Americans are subject to ANY type of search and seizure and ANY given moment. Educate yourself dude, and don't just blurt out shit that's not true. You need to do some reading.

http://en.wikipedia.org/wiki/USA_PATRIOT_Act

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That is not at all what it says and anyone with half a brain knows it. FYI wikipedia is full of false info. Read the actual text itself. http://govdocs.evergreen.edu/hotopics/usapatriotact/patriot-act.pdf

Smucker G said:

That is not at all what it says and anyone with half a brain knows it. FYI wikipedia is full of false info. Read the actual text itself. http://govdocs.evergreen.edu/hotopics/usapatriotact/patriot-act.pdf

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Just keep living in your little dream world.

If you read that whole document I applaud you and since you like to read so much, read this. It tells you how and why they can search you with probable cause. Did you get that, I said probable cause.

http://www.nolo.com/legal-encyclopedia/article-30183.html

I also posted a similar article a few posts back maybe you missed it. I think you did.

Some people just don't learn. They continue to argue even after you have supplied legal references.

Enough said, I'm done here.

Smucker G said:

That is not at all what it says and anyone with half a brain knows it. FYI wikipedia is full of false info. Read the actual text itself. http://govdocs.evergreen.edu/hotopics/usapatriotact/patriot-act.pdf

Click to expand...

I know Wiki is the home of a lot of BS, but I figured since you were SO out in left field, that might be the best place for you to start. Luckily, Dropastone has provided you with some more good reading material.


To the OP, you'll be fine bro. Lawyer up and let him do the work for you. Get ready to do some probation and possibly pay some fines, but you're not goin' to jail. Sucks you gotta go through all this now, but as everyone else was mentioning...you gave yourself up. This is a good learning experience for ya I guess. Be safe bro.

Dropastone said:

Just keep living in your little dream world.

If you read that whole document I applaud you and since you like to read so much, read this. It tells you how and why they can search you with probable cause. Did you get that, I said probable cause.

http://www.nolo.com/legal-encyclopedia/article-30183.html

I also posted a similar article a few posts back maybe you missed it. I think you did.

Some people just don't learn. They continue to argue even after you have supplied legal references.

Enough said, I'm done here.

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While I would still never willingly consent to a search, you are most likely right that in public they will nail you with some sort of probable cause BS. Here's my advice:

1.) I still wouldn't consent to the search because either way they're going to charge you (it's their job), and the police can't "go easy" on you. That's up to the judge, police just gather evidence to charge you with.

2.) Smoke in your home. Probable cause doesn't work there, the only thing that can get them through your front door is a signed search warrant unless you let them in. The fourth amendment is still alive and well here.

probation, thats all that is going to happen.Iv been busted in two states and its always the same thing, probation and mandatory counseling. Its going to cost you a pretty penny when its all said and done, and no weed smokin for at the least 3 months.