E90Post
 


 
BMW 3-Series (E90 E92) Forum > BIMMERPOST Universal Forums > Off-Topic Discussions Board > Another Pot Question (hypothetical situation)



Reply
 
Thread Tools Search this Thread
      04-19-2012, 12:14 PM   #23
ex-535i
New Member
0
Rep
9
Posts

Drives: '89 m3
Join Date: Apr 2012
Location: SoCal

iTrader: (0)

I've been pulled over in FL for speeding, my car smelled like fresh marijuana. I was advised that the smell alone was enough for a search, but they also saw 'grass clippings' on the floor and said it resembled cannabis - another reason to search.

Luckily nothing was found, but still scary.
Appreciate 0
      04-19-2012, 12:16 PM   #24
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

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.
Then cite it, because up until that point probable cause has been enough to search locked compartments in vehicles. And unless its a supreme court case it doesn't mean anything to 90% of the people reading this anyway.
__________________
Appreciate 0
      04-19-2012, 12:22 PM   #25
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
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.
Cool, you know what happens if they scratch and rip your stuff up after you gave them consent? Nothing but a frown on your face unless you can prove intent, which you wont.

There's a million reasons not to consent. You sure none of your dumbass friends didn't leave a roach in your car? Maybe one got stuck to your shoe and fell off under your seat? You know how much jail time you will face just for this, and how much it will cost to even have a chance of going free, let alone lose your license?

You know you can legally have a gun in your car in many states without a concealed permit, and a lot of people do this, but did you know that if you're anywhere near a school (when aren't you near a school in cities? never), even though the guns in your car, and police find it, your ass is going to jail? It's a stupid loophole, but it's there and there's a million others.

You give consent to search your car and you're an ignorant fool, even if you have nothing to "hide" it's what you're not trying to hide that's going to get you put in jail.
__________________
Appreciate 0
      04-19-2012, 01:15 PM   #26
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
Cool, you know what happens if they scratch and rip your stuff up after you gave them consent? Nothing but a frown on your face unless you can prove intent, which you wont.
My time is more valuable to me. Material things can be replaced.

Quote:
There's a million reasons not to consent. You sure none of your dumbass friends didn't leave a roach in your car? Maybe one got stuck to your shoe and fell off under your seat? You know how much jail time you will face just for this, and how much it will cost to even have a chance of going free, let alone lose your license?
My friends don't do it either, so no issues there. If one gets stuck to my shoe? Well then I must have pretty much the worst luck in the world. I'm sure this happens every day to people.

Quote:
You know you can legally have a gun in your car in many states without a concealed permit, and a lot of people do this, but did you know that if you're anywhere near a school (when aren't you near a school in cities? never), even though the guns in your car, and police find it, your ass is going to jail? It's a stupid loophole, but it's there and there's a million others.
Not relevant to me, I don't carry a gun in my car.

Quote:
You give consent to search your car and you're an ignorant fool, even if you have nothing to "hide" it's what you're not trying to hide that's going to get you put in jail.
You're the one making a lot of assumptions.

My point is that these threads are old. I'm pretty sure the OP is trolling anyway, considering I specifically remember his same "hypothetical" being posted here not too long ago. This forum can't go one week without multiple "I hate cops they are stupid I got a ticket for speeding" threads. Stop being stupid and giving them reasons to even pull you over in the first place IMO.
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel

Last edited by Templar; 04-19-2012 at 02:12 PM..
Appreciate 0
      04-19-2012, 02:49 PM   #27
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
. 1 If one gets stuck to my shoe? Well then I must have pretty much the worst luck in the world. I'm sure this happens every day to people.

2 Not relevant to me, I don't carry a gun in my car.

3 You're the one making a lot of assumptions.
1. Its happened before
2. It's one example of how you can get Fed by allowing a search, there's a million others.
3. Not assumptions they are examples, how you confused the two IDK.

Anyone involved in the legal system will tell you the same thing, lawyers, judges cops ETC, don't consent to a search.
__________________
Appreciate 0
      04-19-2012, 02:59 PM   #28
Maestro
Major
1013
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

Quote:
Originally Posted by O-cha View Post
Then cite it, because up until that point probable cause has been enough to search locked compartments in vehicles. And unless its a supreme court case it doesn't mean anything to 90% of the people reading this anyway.

Your correct it not the entire country thing, it is changing state by state,

Here is the federal one that everyone cite that police can pretty much search as the see fit,

http://en.wikipedia.org/wiki/United_States_v._Ross

State are beginning to limit the authority the police have in a search as cited below and there are other states doing similar things.

http://www.wisbar.org/AM/Template.cf...ONTENTID=94682

here is a more recent one, I like this one since the druggy in the case defended himself and appeal the lower court decision and won. This is right up the ally of the ops question, got stop for some other reason the officer went fishing and hooked the criminal only to get it tossed because he over stepped his authority.

http://thenewspaper.com/news/37/3763.asp

More state have limited what the police can do without having a warrant these days.
Appreciate 0
      04-19-2012, 03:10 PM   #29
Maestro
Major
1013
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

Quote:
Originally Posted by Templar View Post
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...

I never said be a hard ass, and being nice does help, but you have to realize not all police today operate under that premise anymore. All I am saying is shut your mouth do not admit a thing even if you were speeding, and never consent to anything. All lawyers will tell you this and they will tell most cases are loss due to the person said too much or the wrong thing and they consented.

Also, do you know at the federal level there are over 10,000 ways you could have broken a law, and if you include state and local laws this could double so if the police want to make you have a miserable day they have more ways to do then you can believe.

I personally have had nothing but positive experiences with the police I have encounters. However there are more than plenty of bad ones showing up so my advise is not base on any experience I have had, it is simple good advice to protect yourself.
Appreciate 0
      04-19-2012, 03:24 PM   #30
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Maestro View Post
Your correct it not the entire country thing, it is changing state by state,

Here is the federal one that everyone cite that police can pretty much search as the see fit,

http://en.wikipedia.org/wiki/United_States_v._Ross

State are beginning to limit the authority the police have in a search as cited below and there are other states doing similar things.

http://www.wisbar.org/AM/Template.cf...ONTENTID=94682

This is completely unrelated. This is the same thing as arresting someone at the grocery store and then searching their vehicle. You can't do that without a warrant, there is no cause. Normally vehicles are searched on arrest for the "safety" the officers. And this is what they are ruling against, the guy was in custody, there was no threat and no cause to search without a warrant.

So again, even under this decision if they have probable cause to believe their are illegal items in the car, such as marijuana, locked glove box or not, they are within their right to search it.



Quote:
Originally Posted by Maestro View Post
here is a more recent one, I like this one since the druggy in the case defended himself and appeal the lower court decision and won. This is right up the ally of the ops question, got stop for some other reason the officer went fishing and hooked the criminal only to get it tossed because he over stepped his authority.

http://thenewspaper.com/news/37/3763.asp

More state have limited what the police can do without having a warrant these days.
Same thing. Taken into custody, warrant needed.

Neither of these apply to a traffic stop where there is probable cause to believe the driver or passenger is under the influence and drugs are in their possession in the car, as the car would be searched, then the person arrested.
__________________
Appreciate 0
      04-19-2012, 03:32 PM   #31
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
1. Its happened before
2. It's one example of how you can get Fed by allowing a search, there's a million others.
3. Not assumptions they are examples, how you confused the two IDK.

Anyone involved in the legal system will tell you the same thing, lawyers, judges cops ETC, don't consent to a search.
1. Any specific examples? You saying "it's happened before" doesn't mean I'm going to automatically believe you. Like I said, you're making assumptions, about me and a lot of other people. Not all of us smoke weed, not all of us have friends that smoke weed. Those "examples" don't apply to a majority of the population I think, but I would be making an assumption with that statement.

Are you a lawyer?

Quote:
Originally Posted by Maestro View Post
I never said be a hard ass, and being nice does help, but you have to realize not all police today operate under that premise anymore. All I am saying is shut your mouth do not admit a thing even if you were speeding, and never consent to anything. All lawyers will tell you this and they will tell most cases are loss due to the person said too much or the wrong thing and they consented.

Also, do you know at the federal level there are over 10,000 ways you could have broken a law, and if you include state and local laws this could double so if the police want to make you have a miserable day they have more ways to do then you can believe.

I personally have had nothing but positive experiences with the police I have encounters. However there are more than plenty of bad ones showing up so my advise is not base on any experience I have had, it is simple good advice to protect yourself.
I agree, but the people who usually post here complaining have already broken the law and opened themselves up to the possibility of being hassled. The chances of being put into a situation like this with a crooked cop are slim in the first place, but they would be even less if you're not breaking the law anyway. Just a thought. There's a certain risk involved that a lot of people don't take into account. They're only thought is that if they speed, they might get a ticket.
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel
Appreciate 0
      04-19-2012, 03:34 PM   #32
Inspired
Colonel
Inspired's Avatar
148
Rep
2,368
Posts

Drives: 335i
Join Date: Dec 2007
Location: California

iTrader: (2)

People like Templar is reasons why we are being stripped of our rights daily. I would expect a fellow gun owner to not give up their rights so easily..

Appreciate 0
      04-19-2012, 03:40 PM   #33
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
1. Any specific examples? You saying "it's happened before" doesn't mean I'm going to automatically believe you. Like I said, you're making assumptions, about me and a lot of other people. Not all of us smoke weed, not all of us have friends that smoke weed. Those "examples" don't apply to a majority of the population I think, but I would be making an assumption with that statement.
I never said you smoked marijuana, you can't know for sure if your friends do or not, and you sure as hell can't know for sure about the shoe thing, so no assumptions are being made. Have you not heard of the guy in dubai or wherever that went to jail for a roach being on his shoe going through airport security?

Again the point is there's a million loopholes you open yourself up to by allowing them to search your car. I've given you two that you don't think apply to you, but that's not the point, there's going to be some that do. How about if you have a counterfeit bill you didn't know about that was given to you as change? Somehow left an open container in the passenger compartment?

You fail to be seeing the point at all, and I don't really care enough to put out any more effort in educating you.
__________________
Appreciate 0
      04-19-2012, 03:47 PM   #34
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
I never said you smoked marijuana, you can't know for sure if your friends do or not, and you sure as hell can't know for sure about the shoe thing, so no assumptions are being made. Have you not heard of the guy in dubai or wherever that went to jail for a roach being on his shoe going through airport security?

Again the point is there's a million loopholes you open yourself up to by allowing them to search your car. I've given you two that you don't think apply to you, but that's not the point, there's going to be some that do. How about if you have a counterfeit bill you didn't know about that was given to you as change? Somehow left an open container in the passenger compartment?

You fail to be seeing the point at all, and I don't really care enough to put out any more effort in educating you.
Yes I can be sure none of my friends smoke pot.

Wanna know why?

Still making assumptions... And since when do we abide by laws in another country? Let me rephrase that, since when do the laws of another country apply to us living in the US currently?
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel

Last edited by Templar; 04-19-2012 at 03:59 PM..
Appreciate 0
      04-19-2012, 03:55 PM   #35
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
Yes I can be sure none of my friends smoke pot.

Wanna know why?

Still making assumptions... And since when do we abide by laws in another country? Let me rephrase that, since when do the laws of another country apply to us living in the US currently?
I was simply citing a high profile case where someone did accidentally track a roach around on their shoe since you questioned that that could ever possibly happen.

I know why you're certain none of your friend smoke pot, because you have none, short of drug testing them all you don't know jack.

Have a nice, ignorant, day.
__________________
Appreciate 0
      04-19-2012, 03:59 PM   #36
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
I was simply citing a high profile case where someone did accidentally track a roach around on their shoe since you questioned that that could ever possibly happen.

I know why you're certain none of your friend smoke pot, because you have none, short of drug testing them all you don't know jack.

Have a nice, ignorant, day.
I never said it could never happen, I was asking for an example.

Wow, resorting to insults? Classy...

Oh, and I know because we're all in the military, and we're all tested regularly. Few ways to get around the testing that the military does, so if they were doing it chances are they wouldn't be in the military and they wouldn't be my friend anymore.

Keep pretending to be a tough guy behind your keyboard.
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel
Appreciate 0
      04-19-2012, 04:02 PM   #37
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
I never said it could never happen, I was asking for an example.

Wow, resorting to insults? Classy...

Oh, and I know because we're all in the military, and we're all tested regularly. Few ways to get around the testing that the military does, so if they were doing it chances are they wouldn't be in the military and they wouldn't be my friend anymore.

Keep pretending to be a tough guy behind your keyboard.
http://www.merriam-webster.com/dictionary/ignorant

It's not an insult, it's an observation. If it insults you that's not my fault.
__________________
Appreciate 0
      04-19-2012, 04:07 PM   #38
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
http://www.merriam-webster.com/dictionary/ignorant

It's not an insult, it's an observation. If it insults you that's not my fault.
Quote:
Originally Posted by O-cha
I know why you're certain none of your friend smoke pot, because you have none, short of drug testing them all you don't know jack.
And that's not an insult, telling someone on the internet they have no friends? What are you, 5? I mean, it's a sad attempt at one, but it's an attempt nonetheless.

You're a quick one...
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel
Appreciate 0
      04-19-2012, 04:14 PM   #39
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
And that's not an insult, telling someone on the internet they have no friends? What are you, 5? I mean, it's a sad attempt at one, but it's an attempt nonetheless.

You're a quick one...
Lol, you completely missed the point again. So here's an insult and an observation, you're not very intelligent.
__________________
Appreciate 0
      04-19-2012, 06:09 PM   #40
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
Lol, you completely missed the point again. So here's an insult and an observation, you're not very intelligent.
Pot, meet kettle.

If you were trying to imply something else, you failed. Proper grammar and sentence structure go a long way in getting your point across, just FYI. As far as I'm concerned, your point became invalid when you started slinging insults. That just screams basement dwelling mouth-breather... Funny how you didn't mention anything about the fact that I know for a fact all of my friends are drug tested on a regular basis, you just continued to insult because you know you're full of it. I've seen you do nothing but rage on other people in other threads. Sad... You're a small person.

Oh, and at this point it's just spam, so I'm putting you on ignore.
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel

Last edited by Templar; 04-19-2012 at 06:37 PM..
Appreciate 0
      04-19-2012, 06:15 PM   #41
E90SoFlo
Banned
196
Rep
2,669
Posts

Drives: E90 335i
Join Date: Jun 2011
Location: Naples, FL

iTrader: (9)

Ok lets get back on topic


If you did have pot in the car, what would you do?
Appreciate 0
      04-19-2012, 07:09 PM   #42
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
Pot, meet kettle.

If you were trying to imply something else, you failed. Proper grammar and sentence structure go a long way in getting your point across, just FYI. As far as I'm concerned, your point became invalid when you started slinging insults. That just screams basement dwelling mouth-breather... Funny how you didn't mention anything about the fact that I know for a fact all of my friends are drug tested on a regular basis, you just continued to insult because you know you're full of it. I've seen you do nothing but rage on other people in other threads. Sad... You're a small person.

Oh, and at this point it's just spam, so I'm putting you on ignore.
I didn't mention that you "knew for sure" none of your friends smoked, because that WAS the point you missed. Just because they are tested doesn't mean they don't smoke. Tons of people get around drug tests, It's not that hard.

That's the point, you can't know for sure, just like you can;t know for sure the cops wont find something searching your vehicle you didn't knwo was there.

But no, you are right, all the judges lawyers cops and prosecutors who all say never consent to a search are all idiots. It's not like they have first hand experience with all the relatively innocent people who get totally Fed by consenting.

__________________
Appreciate 0
      04-19-2012, 07:25 PM   #43
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by O-cha View Post
I didn't mention that you "knew for sure" none of your friends smoked, because that WAS the point you missed. Just because they are tested doesn't mean they don't smoke. Tons of people get around drug tests, It's not that hard.

That's the point, you can't know for sure, just like you can;t know for sure the cops wont find something searching your vehicle you didn't knwo was there.

But no, you are right, all the judges lawyers cops and prosecutors who all say never consent to a search are all idiots. It's not like they have first hand experience with all the relatively innocent people who get totally Fed by consenting.

I never said they were idiots. You're implying a whole lot.

I won't get into the details, because you honestly have no idea who I am and who my friends are. Assume away...
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel
Appreciate 0
      04-19-2012, 07:31 PM   #44
O-cha
Brigadier General
O-cha's Avatar
218
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Quote:
Originally Posted by Templar View Post
I never said they were idiots. You're implying a whole lot.

I won't get into the details, because you honestly have no idea who I am and who my friends are. Assume away...
How do you not get that it doesn't matter who you are or who your friends are? It has absolutely no bearing on the point. Really, how don't you you understand this?
__________________
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 08:17 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST