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#1
so yesterday i got pulled over for 'assured clear distance' (the officer said i was too close to the truck i passed) and they found my pot pipe.

i do NOT want to lose my license, anyone know what to do?

i got court on tuesday
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#2
Get a lawyer.
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#3
They pulled you over for a bunch of bull**** and possibly searched you without a warrant.
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#4
Quote by figsandbobo
They pulled you over for a bunch of bull**** and possibly searched you without a warrant.

It doesn't matter if he consented to the search, which I'm guessing he did.
Quote by shattamakar
The only advantage of home-schooling is that it gives you good reason to commit suicide.


Hit this once or twice, and you'll be twice as nice.
#5
They cannot search your car without a warrant or your consent so if you didn't say he could search your car then you may be able to have that thrown out.
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#7
hahahahahahahahahahahahahahahahahahahahahahahahaha

helpful hint dont smoke pot
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#8
you should NOT have let the cop search your car. your fourth amendment says you have the right to say to no to illegal search and seizure, so when he asked to search your car, you could've just said no. but idk what you need to do now.
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#9
tell them the officer didnt ask to search the car
and then ask the judge to define 'assured clear distance' for you
XU
#10
Quote by travd92
you should NOT have let the cop search your car. your fourth amendment says you have the right to say to no to illegal search and seizure, so when he asked to search your car, you could've just said no. but idk what you need to do now.

Yeah, but a search isn't illegal even if there isn't consent if there's probable cause.
Hi, I'm Peter
#12
Quote by travd92
you should NOT have let the cop search your car. your fourth amendment says you have the right to say to no to illegal search and seizure, so when he asked to search your car, you could've just said no. but idk what you need to do now.


what if he isnt in the US? forth admendment wont protect him then
#13
Quote by Dirk Gently
Yeah, but a search isn't illegal even if there isn't consent if there's probable cause.


A probably cause such as driving too close to the person in the next lane? I don't think that's reason to search a car.
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools
#14
Quote by JAS1121
its no big deal if all they found was a pipe

pipes =/= illegal


tell that to tommy chong.
Grammar and spelling omitted as an exercise for the reader.
#15
They can search your car without a warrant, but you gave consent anyway, I'm sure. http://public.findlaw.com/traffic-ticket-violation-law/traffic-stop-searches/traffic-stop-faq.html

Dress nice for court, act like you're a good kid and not some punk and they may be lenient. Get a lawyer. I'm not that familiar with the law, but your license may not be in too much danger. How much did you have on you? Just a pipe?
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#16
isnt a pipe drug paraphernalia and isnt that illegal in itself?
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#17
Probs just fess up to it! But argue the fact that you weren't under any influences whilst driving! Your license, or driving abilities is in no way related to your social activities and prohibiting you from driving in no way effects your smoking habits!

Then go home n mellow out with a nice joint!
#18
i am in the USA, and heres how it went down

as soon as the cop did a 180 and started following us, my moron friend started hiding the **** even though i told him to just keep cool

the cop thought he was in a gang or something because of his bandana (he just wears it cuz he has long ass hair) and then he asked if there was anything in the car, and well there was, and it sure wasnt hidden, so i just took the pipe out and gave it to him, and then they tore my car apart.

so stupid me i let them search my car, i shouldnt have, but damn.... this **** sucks and its almost summer.

by the way, i'm over 18 years old
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#19
i had 2 pipes and about a dimebag. i guess its automatic 6 month license suspension if i admit guilt, so im definetly looking into finding a lawyer

the only thing theyre charging me with is paraphrenalia on one pipe
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#20
Quote by JAS1121
its no big deal if all they found was a pipe

pipes =/= illegal


If they smell like weed, then yes they are.

Drug paraphernalia
#21
Quote by figsandbobo
A probably cause such as driving too close to the person in the next lane? I don't think that's reason to search a car.

You don't know what the car smelled like. You don't know what was plainly visible. You don't know how they were acting. And the threshold for probable cause under the 4th amendment (likewise the expected right to privacy) for a motor vehicle is much lower than when you're talking about a dwelling.
Quote by Frankthetank999
tell them the officer didnt ask to search the car
and then ask the judge to define 'assured clear distance' for you

http://codes.ohio.gov/orc/4511.21

There you go. Essentially it's tailgating.

Get a lawyer.
Hi, I'm Peter
#22
the reason i got pulled over is because there was a truck stopped in the road (2 lane road) and i went around it on the right side, on the shoulder, and didnt see the cop coming the opposite direction
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#23
yes they need a warrant , if u tell them that , they will just call the towing witch is even worse
#24
Quote by Dirk Gently
Yeah, but a search isn't illegal even if there isn't consent if there's probable cause.



Usually Probable Cause is used when a violent crime is about to be committed, not so much traffic violations.


To begin, you probably got pulled over because your buddy was wearing the possible gang affiliated bandana, and the officer wanted to check you guys out. He found a lame, but legitimate reason to pull you over, and proceeded to own you.

The OP had two ways to screw himself over.

1. Consenting to a search.
2. The paraphernalia being in plain sight, which can give an officer permission to search and seize.

Lesson: Don't consent or "give up" when the officer is putting pressure on you. Two, "stop breaking the law asshole!"
Last edited by Brown925 at May 30, 2008,
#25
Quote by holyvr
yes they need a warrant , if u tell them that , they will just call the towing witch is even worse


No, they don't need a warrant *facepalm*.
#26
Quote by holyvr
yes they need a warrant , if u tell them that , they will just call the towing witch is even worse



Wouldn't that be illegal seizure though? which is protected under the same amendment.
Yertle the Turtle was king of the pond.
A nice little pond. It was clean. It was neat.
The water was warm. There was plenty to eat.
The turtles had everything turtles might need.
And they were all happy. Quite happy indeed.
#27
Yeah, obviously if a cop asks to search your car and you say "No, you need a warrant for that" you obviously have something to hide. So they'll make you wait for an hour while they call for backup and to get a warrant and then either tow your car to and impound or just keep it where it is an bring drugs dogs that'll rip the **** out of your car and destroy everything. Once they find it your car will become criminal evidence and once you're found guilty the state will own it and sell it off in an auction.
#28
Quote by Audio™
Yeah, obviously if a cop asks to search your car and you say "No, you need a warrant for that" you obviously have something to hide. So they'll make you wait for an hour while they call for backup and to get a warrant and then either tow your car to and impound or just keep it where it is an bring drugs dogs that'll rip the **** out of your car and destroy everything. Once they find it your car will become criminal evidence and once you're found guilty the state will own it and sell it off in an auction.



Even if you have something to hide, its not an admission of guilt. The officer will probably try to coerce you into giving consent by saying something like "Were gonna get the dogs, etc."

Can you find evidence of what you just said happening on a regular basis?
#29
Quote by Brown925
Even if you have something to hide, its not an admission of guilt. The officer will probably try to coerce you into giving consent by saying something like "Were gonna get the dogs, etc."

Can you find evidence of what you just said happening on a regular basis?


Well it doesn't happen on a regular basis because most people consent because of the reason you just said.

All I know is that my friend's dad was a police chief here (he now works for the FBI) and this is what he told me.

I forgot to mention that they'll probably only do that if they have a strong suspicion that you possess drugs in your vehicle (such as the smell of burnt marijuana)


edit - and the reason he told us this is because he knew that me and his son smoked the herb and he really doesn't mind as long as we are responsible and don't drive and stuff. So he was telling us why to not hotbox in your car or drive when your high in case you get pulled over.

He was a really cool down to earth guy, he told us how he used to smoke when he was young and stuff.
Last edited by Audio™ at May 30, 2008,
#30
Quote by TheShubes
i had 2 pipes and about a dimebag. i guess its automatic 6 month license suspension if i admit guilt, so im definetly looking into finding a lawyer

the only thing theyre charging me with is paraphrenalia on one pipe

Dude, an honest admission of guilt and a sincere apology could get you off the hook, especially since you handed it over without resisting. I mean, just my two cents.
#31
Quote by Audio™
Yeah, obviously if a cop asks to search your car and you say "No, you need a warrant for that" you obviously have something to hide. So they'll make you wait for an hour while they call for backup and to get a warrant and then either tow your car to and impound or just keep it where it is an bring drugs dogs that'll rip the **** out of your car and destroy everything. Once they find it your car will become criminal evidence and once you're found guilty the state will own it and sell it off in an auction.


Well my glove compartment is locked so is the trunk in the back
And I know my rights so you gonna need a warrant for that

yeah but they cant keep you there just under suspicion. ask them if you are being arrested or detained. if they say no, you are free to leave and dont have to wait around for a k-9 to get there. they are going to give you crap for it of course, but if you they do not have probable cause to arrest or detain you, you are free to leave.

also, his buddy ****ed up when he started trying to hide stuff when the cop turned around. if the cop sees "evasive maneuvers" inside the car, it is probable cause for them to search.

and yeah, a pipe is drug paraphernalia which is a felony if i remember right. if not a felony, a real serious misdeminor.

and this is from the DEA's website about paraphernalia

(b) Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18.


http://www.usdoj.gov/dea/pubs/csa/863.htm#b

the lesson from all of this: smoke joints more
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#32
Same thing happened to me last February, back when I was into smoking weed. NOT anymore, mind you. Pulled over for a "busted muffler". I lived in Iowa. Go figure. Well, they asked to search the trunk, and when I said no, he called in the drug dog to sniff the car, and sure enough it started scratching at the car. Soo yeah they found it. I got charged with an OUI but they dropped the possession charges because of an illegal search and seizure. But my license was suspened for 6 months. Sucked.
#33
I'm not sure where you live, but in New York (or so I'm told by a friend who has claimed to get out of trouble with this) all they can do if you have less than an eighth is take it away.
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#34
Quote by wtf290
I'm not sure where you live, but in New York (or so I'm told by a friend who has claimed to get out of trouble with this) all they can do if you have less than an eighth is take it away.


im from new york and thats bull. if you have less than a half ounce all they can give you is a misdemeanor possession charge. meaning a fine. anymore than a half o or if its in two or more bags, well then you are in felony territory. but he has a paraphernalia charge which is usually more serious than have a dime bag of weed, hence why they arent charing him for the dime bag possession.
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#35
Quote by NoLaurelTree000
im from new york and thats bull. if you have less than a half ounce all they can give you is a misdemeanor possession charge. meaning a fine. anymore than a half o or if its in two or more bags, well then you are in felony territory. but he has a paraphernalia charge which is usually more serious than have a dime bag of weed, hence why they arent charing him for the dime bag possession.


An eighth of an ounce is less than a half, so how is that bull?

Edit: I forgot to put "or fine you." in the first post.
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#37
Quote by NoLaurelTree000


yeah but they cant keep you there just under suspicion. ask them if you are being arrested or detained. if they say no, you are free to leave and dont have to wait around for a k-9 to get there. they are going to give you crap for it of course, but if you they do not have probable cause to arrest or detain you, you are free to leave.
.

and yeah, a pipe is drug paraphernalia which is a felony if i remember right. if not a felony, a real serious misdeminor.


the lesson from all of this: smoke joints more


1) I was going to say the same thing. My buddy got pulled over at a DUI checkpoint and had an ounce on him. They asked if they could search and he said no. Since he passed the breathilizer they couldnt detain him for anything, he hauled ass home and stashed it.

2) a pipe is only paraphenalia if it has marijuana resin in it. Even if it smells like weed, unless there is resin in the pipe to indicate marijuana was smoked from it, its not paraphenelia.

3) agreed joints are your best route however check your laws because papers can catch you a paraphenalia charge in some states if you dont have tabacco with them.
#38
Quote by JAS1121
its no big deal if all they found was a pipe

pipes =/= illegal


This.
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#39
UPDATE

the cop screwed up my court date, and i almost missed it

good news: i got a good lawyer

as for my states laws, its AUTOMATIC 6 month license suspension for the pipe in the car (mind you it was WELL resonated)

now, after talking to several experts on the subject (lawyers and people at work who dont know when to quit), i'm hoping to get the paraphrenalia dropped down to a disorderly conduct. that is NOT a drug charge, so i'll keep my license (i'd probably at least get driving privileges if not) but pay a fine

i want to do whatever it takes to keep me mobile, i just found some sick new jam spots and if i have no car i'm stuck just like i was last year, no transportation and in the middle of nowhere

court is set for june 27th, may the force be with me
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#40
You drove dangerously, in his eyes, thus you're screwed

He has the right to search your car if there's any suspicion of illegal activity (drink driving/drug use) which there was, note the dangerous driving.

If it's your first offense you'll get a huge fine, but wont lose your license, if you've been a douche like this before, you're screwed even more.
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