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Old 01-18-2007, 06:42 PM  
Skip Towne Skip Towne is offline
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Advice needed on MJ Bust

What should one do when asked for permission to search your vehicle?
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Old 01-18-2007, 10:09 PM   #46
trndobrd trndobrd is offline
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Quote:
Originally Posted by Skip Towne
What should one do when asked for permission to search your vehicle?

The magic words...say them with me...

"I do not give consent to the search of this vehicle or any of the contents of this vehicle. Am I free to go?"

If the officer believes he has probable cause to believe unlawful activity is occurring, he can search your car on the spot, without your consent.

Commonly, officers will say something along the lines of "I'm going to need to search your car." Don't say "OK", which can be interpreted as consent. Another favorite is "Do you mind if I search your vehicle?" Both "yes" and "no" can be interpreted as consent. Say something along the lines of "I do not consent to the search of this vehicle. Are you searching this vehicle without my consent?"

Don't attempt to physically interfere with the search of the vehicle. They can bring out the dogs without your consent. Keep an eye on the clock. Most departments don't have a K-9 unit on 24 hour standby and will just come back after having you sit for 20 minutes and suggest that "we can hurry things along if you just let me search right now?" Just repeat the "I do not consent to the search of this vehicle. What time will the dogs arrive?"



This post is for amusement purposes only and does not contitute legal advice, and certainly not sound legal advice. Readers of this posting should consult with an attorney of their own jurisdiction before transporting contraband or dealing with law enforcement personnel. Reading this post does not create an attorney-client relationship.
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Old 01-18-2007, 10:15 PM   #47
Skip Towne Skip Towne is offline
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Quote:
Originally Posted by trndobrd
The magic words...say them with me...

"I do not give consent to the search of this vehicle or any of the contents of this vehicle. Am I free to go?"

If the officer believes he has probable cause to believe unlawful activity is occurring, he can search your car on the spot, without your consent.

Commonly, officers will say something along the lines of "I'm going to need to search your car." Don't say "OK", which can be interpreted as consent. Another favorite is "Do you mind if I search your vehicle?" Both "yes" and "no" can be interpreted as consent. Say something along the lines of "I do not consent to the search of this vehicle. Are you searching this vehicle without my consent?"

Don't attempt to physically interfere with the search of the vehicle. They can bring out the dogs without your consent. Keep an eye on the clock. Most departments don't have a K-9 unit on 24 hour standby and will just come back after having you sit for 20 minutes and suggest that "we can hurry things along if you just let me search right now?" Just repeat the "I do not consent to the search of this vehicle. What time will the dogs arrive?"



This post is for amusement purposes only and does not contitute legal advice, and certainly not sound legal advice. Readers of this posting should consult with an attorney of their own jurisdiction before transporting contraband or dealing with law enforcement personnel. Reading this post does not create an attorney-client relationship.
Very good. Are you obligated to wait for the dog to show up? How long can they hold you waiting for the dog?
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Old 01-18-2007, 10:16 PM   #48
milkman milkman is offline
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I opened this thread thinking Skip wanted a Michael Jordan bust.
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Old 01-18-2007, 10:31 PM   #49
Halfcan Halfcan is offline
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I never knew Skip was a pothead??
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Old 01-18-2007, 10:33 PM   #50
SLAG SLAG is offline
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Download this

http://www.norml.org/pdf_files/freedom_card.pdf

and carry it with you

All your problems solved
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Old 01-18-2007, 10:34 PM   #51
CosmicPal CosmicPal is offline
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When I was a teen, I used to keep my pot underneath my headrest. I'd lift the headrest up, roll up the bag, place it underneath the headrest, and then clamp it down.

They never ever found my weed. Of course, I've never had my car searched either.
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Old 01-18-2007, 10:37 PM   #52
PastorMikH PastorMikH is offline
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One thing you might try is to keep a skunk in your van and poke it with a stick every day or two to keep the smell fresh. That way, when the officer pulls you over, not only will he NOT want to search your van, you will have an excuse for the red eyes. If by chance he does want to press the issue, ask him if, while he's searching, if he finds that skunk that keeps hiding under the pile of tools just out of reach you'd appreciate it if he'd remove it for you.



(This post does not mean the Pastor endorses such activity. The most prudent thing to do would be to not have illegal substances in your car and not break the traffic laws)
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Old 01-18-2007, 10:40 PM   #53
SLAG SLAG is offline
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Quote:
Originally Posted by SLAG
Download this

http://www.norml.org/pdf_files/freedom_card.pdf

and carry it with you

All your problems solved

btw..

Text of the card
THE NORML FOUNDATION FREEDOM CARD
The U.S. Constitution prohibits the government from interfering with your right to remain silent, to consult with an attorney, and to be free from unreasonable searches and seizures by law enforcement. However, it is up to you to assert these rights. This NORML Foundation Freedom Card will help you do so effectively.

If you are confronted by a police officer, remain calm. Be courteous and provide your identification. Politely refuse to answer any further questions. Ask to talk to an attorney. Do not consent to any search of your person, your property, your residence or your vehicle. Tell the officer you would like to give him or her this card, which is a statement of the constitutional rights you wish to invoke. Do not reach for this card until you have obtained the officer's permission to do so.

If the officer fails to honor your rights, remain calm and polite, ask for the officer's identifying information and ask him or her to note your objection in the report. Do not attempt to physically resist an unlawful arrest, search or seizure. If necessary, you may point out the violations to a judge at a later time.

THE NORML FOUNDATION
1600 K Street, NW, Suite 501
Washington, DC 20006-2832
www.norml.org / 202-483-8751
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Old 01-18-2007, 11:09 PM   #54
pikesome pikesome is offline
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Since I posted this in "that other thread":

Quote:
This is not real legal advice but as far as I understand it, if they pull you over, you and everything in the car is subject to search. Especially if they had anything like a credible reason for the stop(and mostly that is on the officer's word). There are exceptions of course, that's why you get a real attorney.
I did some searching on the Internet (damn, I love the Internet) and it would seem that the above statement is incorrect. I found a number of interesting appeal court decisions that are worth reading. A number of people have already contradicted me but for something like this I thought it was worth pointing out I was wrong.

Cases I found interesting:

State v. Houze

State v. Boyd
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Old 01-19-2007, 06:53 AM   #55
Bwana Bwana is offline
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Tell him no and ask if you may buy him a donut just to prove there are no hard feelings.
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Old 01-19-2007, 07:41 AM   #56
cookster50 cookster50 is offline
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Quote:
Originally Posted by KChiefer
The best advice I can give is carry a small amount and have a good place to hide it. There has to be some place where they won't look. Then, at least you have a chance of getting through a search.

That's the best advice? Screw that, how about this being the best advice. DON'T BREAK THE FREAKING LAW!!!
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Old 01-19-2007, 07:42 AM   #57
cookster50 cookster50 is offline
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Quote:
Originally Posted by KChiefer
I'd rather they stop fining or arresting ppl for small amounts of pot. Or better yet, any amount.
Better yet, STAY AWAY FROM THE ILLEGAL DRUGS!!!
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Old 01-19-2007, 07:49 AM   #58
HonestChieffan HonestChieffan is offline
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Bottom line is, if you get stopped and they think you have it and you do, then dont go on a board asking for help, call a lawyer, or just man up. The stuff is illegal for a reason and if you are driving and smoking pot you deserve whatever you get..IMHO...

More power to the cops.
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Old 01-19-2007, 07:51 AM   #59
Pneuma Pneuma is offline
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http://www.youtube.com/watch?v=3NmC5wHfCdM

Know your rights...
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Old 01-19-2007, 07:54 AM   #60
crazycoffey crazycoffey is offline
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I never asked unless I suspected something, even then I wouldn't press the issue. Thoughts to keep in mind, and I only share this with you because you are chiefs fans......

Cops can search your car if they see any type of paraphernalia, something tangible that they can articulate in a report, and they can search it without pemission. ie probable cause. But I would always still ask at that point to see what the driver would say.

Second point to remember, if the offense is an arrestable offense, and the cop is deciding to arrest you, he's going to search you vehicle for inventory - insurance purposes anyway. Sometimes, in my case and some like me, we want to see if you'll be honest with us, the more honest you are, the better treatment you'll likely get.

final point; for any good cop, like me, there are probably three dick head cops also. See video in above clip
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