Busted, to tell or not to tell?

Pillthrill

Pillthrill

Bluelighter
Joined
Dec 12, 2007
Messages
10,861
Ok, I'm just wondering, If you get pulled over or stopped by the cops and you have weed (or some other drug) in your car that you know they will likely find, is it better to be honest when they ask you about it? You get in ever more trouble if you run from the cops, is the same true for this?I mean 2 joints worth and you face up to a $10,000 fine in the U.S. which is fucking crazy, but thats a whole other topic. What do ya guys think? Tell or not to tell?
 
You're constitutionally protected from incriminating yourself, so don't tell them. And unless you've given the cops probable cause to search you, they can't search you without your consent.
 
^sure they can. Cops usually do whatever they want. On paper they shouldnt be able to search with out PC or some type of evidence, but if a cop wants to search your car, they will. They can get a dog to the scene and say the dog indicated the presence of narcotics, they can say you appeared to be under the influence, or they will say refusing the search gave them PC because the driver seemed nervous and the cop was fearful for his/her safety and needed to secure the situation. Which also included taking you out of your car. and of course when the car door is open they can do a visable search, and all it takes is something like a blunt, empty bag, seed, stem, ash, whatever for the cop to have PC...

If i have shit on me in the car and i know they wont find it, i would consent to a search. If i have shit that isnt very well hidden, i would refuse. BUT, if you refuse, they can get a dog out there and a dog will DEF find the shit. Its kind of a catch 22. My advice would be to keep quiet, and if they are that intent on searching your car and end up doing so by some questionable tactic, dont say shit if they find anything. If they arrest you, be polite ask for your lawyer and let he/she sort it out in court. Make sure to be polite too, cops love when ppl are rude and act like dicks, because they can act like dicks and be rude. cops feed on that shit. if you dont give them anything to feed on, there isnt much they can do.

also if you get busted and the cops say they will help you out if you help them out dont buy it. Cops cant do shit, the district attorney makes deals, not the cops. They can tell you if you flip on someone you can go free, but it comes down to the DA if they want to prosecute you.

its always been my opinion that if you are in the drug game and you get popped, take your charge... dont fuck someone else over. when you start doing/selling drugs you know you are doing somethign illegal, so you are just as culpable as the person you were buying them from.

i hate the cops. 90% of them are scum, granted they have shitty jobs and have to deal with a lot of fucked up shit, the bulk of them are total assholes that just want to bust someone for anything.
 
Well there was one case where the weed was right out where they could see it...and they guyjust said, dude its MJ, whatever. Smart or not?
Otherwise I get what you are saying.
 
They have no reason to ask you about it..unless it smells like weed in your car.


If they are trying to search your car say you do not consent to a search, then ask if you are free to leave.
 
Onoe said:
They have no reason to ask you about it..unless it smells like weed in your car.

If they are trying to search your car say you do not consent to a search, then ask if you are free to leave.
Click to expand...

This about covers it - well said.

Whether or not you have anything in your car that you shouldn't have, you have the right to ask if you are being arrested or detained, and that you do not give permission for your car to be searched.

However, if you have weed in plain sight or if the smell of marijuana is present, you've somewhat forfeited your right to privacy. You can google "Reamey's Rule" but the definition is as follows: never keep anything in your vehicle that you don't want the cops to see.

In some states, also, "operation of a motor vehicle constitutes consent to any sobriety test required by law". This means, don't drive when you're under the influence - a smart rule to follow in any circumstance. When you drive with any level of impairment, you put yourself and your fellow drivers in danger. This includes driving when you're sick, or tired, or under significant stress.

It would be my (layperson) advice that if your car reeks of weed and you are visibly stoned, the cop will probably think you're treating him or her as if they were stupid if you deny that you were fogging out your vehicle with stanky danky. That's why it's best to not carry contraband in your car, and yes, you can get a DUI for weed.

Many officers are lenient toward marijuana, but that's not an assumption you should make. It is the officer's choice whether to arrest/detain you. If you follow reasonable instructions of the officer and behave courteously, you are probably less likely to be arrested than if you were being belligerent. You can ask at any time if you are being arrested, and you have a Constitutionally protected right against unreasonable searches; also you have a right not to be pressured into incriminating yourself. You can waive any of these rights, and cops get people to do that sometimes.

Don't waive your rights, but if you don't drive while stoned or, if you do, you fail to keep your contraband out of plain sight, you can't really expect sympathy when a police officer pulls you over. Seriously. Store any contraband out of plain sight if you must drive with it at all. Weed smells very strong - the smell is tough to hide. They won't be as "likely to find it" if you don't make yourself conspicuous.
 
It was just a hypothetical. Honestly, cops aren't bad people. They are just doing their job like everyone else in the world. Yeah you get some that a power hungry, but there are some that if you are decent to them, they will be decent as well. Will they let you off if you're nice, no, not always. But I actually like having cops, sure it will suck hardcore if you get in trouble, but if someone is trying to hurt me, I want the cops on my side.
There, there is my soapbox ramble for the day. :)
 
Cops usually do whatever they want. On paper they shouldnt be able to search with out PC or some type of evidence, but if a cop wants to search your car, they will.
Click to expand...

While in some cases that's true, you rarely have anything to lose by refusing a search. Although a cop MIGHT let you go on their personal discretion for a little pot, they usually won't. If a cop does search without your consent, you have a much better chance of beating it in court (which is why police often ask if they can search even when they think they do have probable cause (and therefor aren't legally required to ask for permission.))

They can get a dog to the scene and say the dog indicated the presence of narcotics,
Click to expand...

In the US, they aren't allowed to detain you to get a sniffer dog for substantially longer than a normal traffic stop would require. The legal standard is still rather vague, but as a general rule, if the cop has a drug dog with him (or a few minutes away), he can definitely run it around your car. If he has to make you sit there for twenty minutes while waiting for a drug dog to arrive, that's a violation of your rights unless he has probable cause to search.

they can say you appeared to be under the influence, or they will say refusing the search gave them PC because the driver seemed nervous and the cop was fearful for his/her safety and needed to secure the situation.
Click to expand...

The legal standard is 'specific, articulable cause to believe that a crime has more likely than not been committed or is being committed.' What that means is 'acting suspiciously' isn't enough to allow them to search without your permission. The cop must have a clear, specific, logical reason to believe there's a crime being committed (for instance, if you roll down the window and a big cloud of pot smoke rolls out. ;) ) Likewise, if he claims that he thought you were high because your eyes were bloodshot, that's not going to hold up because that's not sufficient evidence that you are more likely than not guilty of a crime.

It's true that a lot of people get mistreated (in terms of their rights) by police, but most cops are basically honest and won't lie through their teeth to get a search. Stay calm, be courteous but firm in refusing a search, and the police will usually (after a bit of prying and back-and-forth) give up on searching you if they don't actually have some clear reason to think you're hiding something.


Of course, the best defense of all is a little common sense. One rule I've carefully held to is 'either have the drugs on you or in you, never both at once.' In other words, don't have drugs on your person or in your car unless you're dead sober. Guys driving around drunk or stoned with a baggy of pot in the glove compartment are asking for trouble.
 
^^ (Refers to Pillthrill's post above)

I agree. When I was younger I used to hate all cops, as I got older and ran into a few situations where they were needed (I once had a cop save my ass when a knife was pulled on me by a random mugger) I realized that they aren't all bad.

Basically, don't drive with it if you don't want to get caught. If you do its a risk. Sure, the attitude towards marijuana is changing and I know way more people that have just had there herb taken but still.

Some guy I know used to ride with herb all the time. Now he never does. Its amazing how less paranoid he is and how much of a better driver he is. He realizes he is very lucky and is glad he doesn't make such dumb decisions anymore (well most of the time).
 
Last edited by a moderator:
I know some people that protect and serve in various ways and very much value that. I actually encourage my bf get into law enforcement if he is iinterested because I know he would be great at it, and he will usually always have a "dangerous" job.
 
How would you feel if he arrested you for illicit drug use because he was duty bound to do so?
 
Let's not get into a discussion about the pros and cons of having police - that belongs elsewhere. Please stick to legal issues here. Thanks. :)
 
I was riding back from the beach about a year ago and we got pulled for speeding, my cousin who was driving was smoking weed the whole way. When the cop came to the window and shined the light on him, he could see residue and flakes on his pants so he pulled them out of the car. My cousin told the truth and was polite and all the cop did was make him take the weed out of his pocket and rub it into the ground with his shoe. He gave us a warning for speeding and let us go on our way, he didn't even smash my cousins bowl.

So I would say with some police honesty counts, but you don't have to conset to the search or admit guilt.
 
^ That's a great example of being honest with cops turning out well. When pulled over just for a traffic violation, this is an excellent approach. It might save you a ticket.

But what percent of cops would have this reaction when the driver admits to smoking weed while driving? 10%? Let's say it were even 20% - which I think is wildly optimistic. That means 4 times out of 5 you are either getting a misdemeanor citation or more likely going to jail. And you will have just confessed to the crime making it much harder for your lawyer to help you.
 
medicine cabinet said:
or they will say refusing the search gave them PC because the driver seemed nervous and the cop was fearful for his/her safety and needed to secure the situation. Which also included taking you out of your car
Click to expand...

Refusing a search isn't grounds for probable cause, and neither is being nervous. Plenty of law abiding citizens get nervous during a traffic stop. I'm not saying it's impossible that they wouldn't try to use it as PC, but it would never hold up in court, and most know it. It's also usually necessary to get a search warrant before the police can legally search your car (if they have PC, they can search your car without a warrant, but most smart cops get a warrant in order for it to hold up in court), and to get a search warrant they need PC and to call it in to a judge for a verbal warrant.

Probable cause would include you smelling of weed or alcohol, visible drugs, etc. If the cop is fearful to his or her safety, they can only do a terry frisk, which means a search of you and the areas of immediate reach within your vehicle for weapons only (they can't be looking for drugs, can't go in to pockets, and must use feel of packaging to recognize drugs). If your drugs are within your reach, you deserve to get caught.

You'd be shocked--a lot of drug arrests aren't the result of PC searches, but simply because citizens don't know their rights under the law and confess or incriminate themselves. Too many times, a police officer will just ask questions and a citizen will just basically tell them that they have drugs on them. It's kind of amazing actually.

If i have shit on me in the car and i know they wont find it, i would consent to a search. If i have shit that isnt very well hidden, i would refuse. BUT, if you refuse, they can get a dog out there and a dog will DEF find the shit.
Click to expand...

Never consent to a search, especially if they have no probable cause (and if they have PC, they won't need your consent). I had a police officer who works with our regional drug task force explicitly tell me that if a suspect consents to a search, then they know that drugs are in the car and will tear it apart, literally. They will find it. Dogs also aren't as available as you might think, especially in rural areas. In any event, they need to call for a K9 unit that specializes in drugs, and to hold you for the amount of time that they would need to get there, they need a reason. Under reasonable suspicion rules, they can only hold you for a short period of time, and they can't hold you simply because you refuse a search.

My advice would be to keep quiet, and if they are that intent on searching your car and end up doing so by some questionable tactic, dont say shit if they find anything. If they arrest you, be polite ask for your lawyer and let he/she sort it out in court. Make sure to be polite too...also if you get busted and the cops say they will help you out if you help them out dont buy it. Cops cant do shit, the district attorney makes deals, not the cops. They can tell you if you flip on someone you can go free, but it comes down to the DA if they want to prosecute you.
Click to expand...

Good advice. I just have to add that cops will often threaten you as well with long jail terms if you don't talk. Don't bite on any of it, especially if you only have a small amount of drugs on you. Depending on where you live, the DA may just decline to prosecute the case entirely.
 
gomakemeasandwich said:
Never consent to a search, especially if they have no probable cause (and if they have PC, they won't need your consent). I had a police officer who works with our regional drug task force explicitly tell me that if a suspect consents to a search, then they know that drugs are in the car and will tear it apart, literally. They will find it.
Click to expand...

Really? Thats not what I have experienced. I consented to a search when I was holding once. I consented because because the shit was hidden extremely well and I was damn near positive that they wouldn't find it. I don't know if they would have actually called a drug dog if I refused, but it was definetly possible. To me, the chances that the would get the dog, in which has I would have been fucked were much higher than them finding my stuff. I think I made the right decision. They searched for maybe five minutes, apologized for the inconvinence, and let me go on my way. Probably one of the happiest moments of my life.

Now, these were regular local cops so it is probably different than a drug task force cop. But, I would say that a drug task force cop will have much easier access to a drug dog than your average cop. Shit there is a good chance that they will have one with them when they pull you over. So you might be fucked either way if you get pulled over by one of these cops.

Dogs also aren't as available as you might think, especially in rural areas. In any event, they need to call for a K9 unit that specializes in drugs, and to hold you for the amount of time that they would need to get there, they need a reason. Under reasonable suspicion rules, they can only hold you for a short period of time, and they can't hold you simply because you refuse a search.
Click to expand...

Depends. You can't really know the availability of a drug dog at the time that you are stopped and how long it will take them to arrive. In some cases it could take ten minutes or less which would definitely not be ruled unreasonable. And there is no set amount of time that is reasonable for them to detain you so it's pretty much up to the courts.

However, here is a very good piece of information that could have saved many people an arrest if they knew about it. If the cop issues you a citation or warning, you are no longer detained after that. They cannot further detain you in order for a drug dog to arrive. Unless, of course, you voluntarily stay. So if you are pulled over and the police ask to search your car after they have already issued you a citation or warning, ask them if you are free to leave. If they ask you why you are refusing the search if you have nothing to hide just tell them that you are in a hurry or something. If they say yes, you are free to leave, just leave immediately after that. If they don't let you leave, there is a very good chance any resulting charges that may result would be thrown out. They often do this because if you are not being detained against your will, there is virtually no way that the case will be thrown out even if the dogs take forever to come. Most people don't know this so they are able to get away with it.

Of course, if you have drugs that would be easy for a cop to find, your best bet would always be to refuse a search.
 
From what I understand, in some counties they've given the traffic cops drug dogs so as to slam the victims with everything at once.

Kind of smart if you think about it; they don't need to separate the traffic patrol from the drug "task forces"--and get to run more people through the system with only a little more effort, while generating much higher profits.
 
Refusing to consent to a search saved me many years in prison - needless to say, I tend to be supportive of that approach.

Peace,

Fausty
 
^^^^ Well if you consider that--for it to occur in the first place--getting arrested with contraband contains at least some elements of "chance":

-the chance of getting pulled over
-the chance that you're carrying that day
-the chance that the LEO thinks you look suspicious

and then consider that:

-the chance the LEO is going to let you go if you spill your guts

is a whole lot less than the first three events on the above list--I concur, keeping one's mouth shut and saying a firm "NO" to any request to search will increase the chance of the most favorable possible outcome.

Quantum Mechanics meets Law Enforcement, Fausty? ;)
 
You must log in or register to reply here.
Top