Illegal Search and Seizure? 4th amendment?

1Shot1Kill

Active Member
Last night my girl and I were stopped because our tail lights were not on. Our car has a loose fuse and I told him I could fix it.
He says, "I smell marijuana in the car, is there any in there?"
We say, "no"
He says he can smell it
I say I don't know what he's talking about there is no marijuana in the car
He gets pissy like the way always do and tells, not asks, us to get out of the car
My girl is submissive around cops and gets out so I followed trying not to get off on the wrong foot.

He comes over to me and says he is going to pat me down to make sure I don't have anything. What does don't have anything mean? Isn't he supposed to be making sure we don't have any weapons?

So he feels my front pocket and I had a lighter and some headphones in there. He started to put his fingers in my pocket and I grabbed his fat hairy fingers and told him, "he can pat me down but he cant put his hand in my pockets without a warrant". This pissed him off seeing someone not scared of his overweight bubble butt. He grabbed my wrist and hand like the assholes do and locked out my elbow trying to intimidate me or something. I told him exactly what was in that pocket and that "he was not going to stick his hands in my pocket" LOL

He pulled out his handcuffs to cuff me and I ripped my hand away from him and put them on the car roof. That fed his power trip enough so he put the cuffs away. He pulled out my lighter and headphones and I said, "There I wasn't fucking lying."

He proceed to stick his hands in my pockets and found my pipe which i told him was for tobacco. He dry hit it and said it tasted like marijuana. I said it didn't.. He then went to my girlfriend and said, "whats in your purse?" while grabbing it out of her hands and rifling through it. She gave no consent for him to do that.

I told her to grab the constitution kept in the center console and started reading it. He went in the car searching viciously. I told him that he was violating my 4th amendment constitutional right and needed a warrant. He looked at me and said something about exception to motor vehicles or something, muttered the word probable cause and continued.

Thankfully he didn't have enough brains to open the center console where the weed was, i thought he would have at least figured that out. He kept saying, "I know its in there but never found it"

I am thankful of that but it's still bogus that he was such an ass over a tobacco pipe

So I got sale and possession of drug paraphernalia. In my state they have sale and possession together.. Any way out of this? He claims to have probable cause from the smell but I denied any smell. I also said he couldn't search me but he did.

Any suggestions or just pay the $350?
 

Metasynth

Well-Known Member
Hahahahahahahaha!!!!!!!!! Yeah bro, get a lawyer and drop $5k in consultation fees to avoid paying $350...

Bro, he was right, you DID have weed in the car...that IS probably cause...You feeling violated? It's easier to pay and get on with your life, than dwell on bullshit like that.
 

Metasynth

Well-Known Member
Haha, who's the judge gonna believe...

"Your Honor, I TOLD the officer that it didn't smell like weed..."

Apparently the force was strong with this one, and your Jedi Mind tricks did not work...
 

fir3dragon

Well-Known Member
i would pay it. your lucky your not in jail. if you fight it chances are they are going to increase the fine.
 

grandpa 1949

Well-Known Member
Your lights gave him probable cause to stop you, and to search your car for your safety! Yes it sucks. Yes he was an ass.
But I bet next time you'll check your lights before you go out! lol
 

RetiredMatthebrute

Well-Known Member
i believe the glove box if locked they cannot search it without a warrant. they can tow your vehicle and wait till they can get a warrant tho, best bet is to play it smart and not give them anything to bust you on.

dont smoke and drive its asking to get busted. take a toke break before or after the drive. anytime i plan on going on long trips i roll a few joints and stash them in the trunk. I keep 1 on me in case i want to burn it and NEVER ever carry a pipe in my vehicle or on my person. i can chuck a roach or a joint out the window if need be and they will never find it. but keeping a pipe and a bag of weed in you center console is just stupid, no offense. pay the fine and get on with it
 

Ilovebush

Well-Known Member
Always do ur circle check before driving ur vehicle...burnt out light is the easiest way to get pulled over. Also, don't carry pipes, papers or anything else if u have bud on u. One charge is better than multiple charges. It's good to know ur rights but when dealing with an asshole u just gotta stay calm and the less u say the better. Be prepared to take it up in court if ur 'rights' have been violated. I find keeping cool is ur best weapon since often times they are just waiting for ur heart rate to go into overdrive.
 

panhead

Well-Known Member
I grabbed his fat hairy fingers and told him, "he can pat me down but he cant put his hand in my pockets without a warrant.

He pulled out his handcuffs to cuff me and I ripped my hand away from him and put them on the car roof.

I told her to grab the constitution kept in the center console and started reading it.
Where the fuk do you live ? Mayberry & the cop was Barney fife ? This whole deal is off,way off.

Let me get my head wrapped around this,first & i quote " you grabbed his fat hairy fingers ",anybody who has ever had a real run in with a cop knows exactly what happens after you grab a cop,if you woulda grabbed a cop he would of body slammed you but not before emptying his taser on you.

After getting away with grabbing the cop he lets you get away with more resistance a 2nd time ?,again i quote " I ripped my hand away from him & put it on the car roof ",as soon as you rip your hand away from a cop its resisting arrest & he has every legal right to use any force required to take you down but this cop just let you put your hands on the roof ?

The last deal that aint right is the cuffs,anybody familiar with cops & how they treat citizens knows damm well once the cuffs are pulled out somebody is getting restrained.

Now after the cop lets you grab his fingers,yank your hand away from him he allows your girlfriend to get back in the car & root around for a copy of the constitution you cary,no cop lets anybody enter the.vehicle until they are finished with them,if your girlfriend woulda done that the cop would have drawn his weapon & ordered her out of the car & on the ground,then he woulda dropped all his weight on her using his knee in the small of her back to restrain her while he cuffed her.

Normally i try not to slam members but that story you just posted is complete bullshit & never happened,atleast not the way you say it did,two things i know for sure is your girlfriend & yourself would both be in jail with serious ass kickings if either of you did any of that shit.

A copy of the constitution if the glove box ,this story is pretty lame buddy.
 

Hugo Phurst

Well-Known Member
Pay the ticket, count your blessings, learn from your mistake.

Bit of advice: Never piss off a Cop, especially when you're doing something illegal.
 

Hemlock

Well-Known Member
Pay it and WALK AWAY!!!!!!!!

Friend of mine was a cop for 25 years 11 years as head of Narcotics.

This is what he told me. If I wanna fuck with somebody, all I have to do is say I smelled MJ. And your Done.

He also had another great saying Don't Break the Law while you breakin the law.

Don't smoke dope in the car if ya gota tail light out.
 

Moses Mobetta

Well-Known Member
If you want to fight it get a good lawyer and make them prove it if you can. Cops always say they smell weed, if that were the case drug dogs would be out of a job. They got probable cause if they say they smell weed. A drug charge will guarantee you get searched every time you get stopped and they run you.
 

FlyLikeAnEagle

Well-Known Member
Pay it and WALK AWAY!!!!!!!!

Friend of mine was a cop for 25 years 11 years as head of Narcotics.

This is what he told me. If I wanna fuck with somebody, all I have to do is say I smelled MJ. And your Done.

He also had another great saying Don't Break the Law while you breakin the law.

Don't smoke dope in the car if ya gota tail light out.

Why are you friends with the scummiest of worm shit scum?
 

1Shot1Kill

Active Member
Where the fuk do you live ? Mayberry & the cop was Barney fife ? This whole deal is off,way off.

Let me get my head wrapped around this,first & i quote " you grabbed his fat hairy fingers ",anybody who has ever had a real run in with a cop knows exactly what happens after you grab a cop,if you woulda grabbed a cop he would of body slammed you but not before emptying his taser on you.

After getting away with grabbing the cop he lets you get away with more resistance a 2nd time ?,again i quote " I ripped my hand away from him & put it on the car roof ",as soon as you rip your hand away from a cop its resisting arrest & he has every legal right to use any force required to take you down but this cop just let you put your hands on the roof ?

The last deal that aint right is the cuffs,anybody familiar with cops & how they treat citizens knows damm well once the cuffs are pulled out somebody is getting restrained.

Now after the cop lets you grab his fingers,yank your hand away from him he allows your girlfriend to get back in the car & root around for a copy of the constitution you cary,no cop lets anybody enter the.vehicle until they are finished with them,if your girlfriend woulda done that the cop would have drawn his weapon & ordered her out of the car & on the ground,then he woulda dropped all his weight on her using his knee in the small of her back to restrain her while he cuffed her.

Normally i try not to slam members but that story you just posted is complete bullshit & never happened,atleast not the way you say it did,two things i know for sure is your girlfriend & yourself would both be in jail with serious ass kickings if either of you did any of that shit.

A copy of the constitution if the glove box ,this story is pretty lame buddy.

Hey it is what it is. This cop was a pushover. I grabbed his hand out of my pocket and moved my hip to the side and he did the wrist grab elbow lock shit they do and I proceed to tell him he wasn't searching me.. He grabbed his cuffs and I twisted my hand and put it on the car roof.. I'm not lying lol I was surprised myself. I wasn't resisting arrest because he wasn't arresting me lol, he was just trying to scare me like bitch that he is..

My girlfriend did get me my constitution before he searched the car and he didn't say a word to her.. And the constitution was from freedom works, I was sent 10 of them and I always have one in the car..

Again I don't live in NYC or Arizona lol This cop was the most unprofessional police officer I have dealt with... Just a small town cop on a power trip
 

1Shot1Kill

Active Member
I'm going to pay it off cuz I have stuff to do on that day. $350 for a pipe is bull though. I just feel like cops take advantage of their "authority" and need to be checked every now and then.

What I should have done was lock the pipe in the glove box and eat the weed but I wasn't thinking clearly. Also had a video camera in the car that we forgot to turn on, they hate being recorded...
 

1Shot1Kill

Active Member
Not sure what state you live in but in most smell alone is not enough probable cause to search. What I smell here is something fishy........
Exactly my point. If one cop saying they smell marijuana gives them the "right" to search your pockets and the vehicle, then we have messed up as citizens defending our human rights... We gotta tell them no. I should have put the pipe in my shoe or locked in the glove box and I shouldn't have gotten out of the car, my mistake..
 
Top