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Old 05-09-2005, 09:30 PM   #1
fizz
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Down the hatch or up the corn hole?

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This normally comes up in my mind when stoned off my ass or riding in a car with illicite substances:
If your car and your self are about to be searched, where's it going?

Well, by swallowing it, one ensures that it won't be found without extreme measures being taken: security.

On the other hand, while the ass isn't as secure, you get to keep your stash, which would probably be destroyed in the stomach. With the use of a plastic bag, your stash is safe for the future.

Throwing it away isn't an option. They always find it.

I think I would go for the ass. Not that I'm gay, but I work hard for my money and my stash. If I have to go through a bit of discomfort to keep it safe, so be it. Also, it's unlikely they can do body cavity search on the spot. I care about my stash (weed, or other).

What would yall do if allowed time for one option without hesitation (say, for a car search)?

This has consumed my mind for hours.

P.S. I did do a few forum searches on this topic and came up with nothin.
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Old 05-10-2005, 10:12 AM   #2
Juan.©amaney
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Re: Down the hatch or up the corn hole?

Find a good hiding place in your car and keep your stash in there if you MUST be driving with it in the first place. Roll a j and use that to smoke. If you must smoke more than a j, roll 2, 3..... It's easier to swallow a j or 2 than a QP of humboldt. Turn the cherry off first! Always have a water bottle.
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Old 05-11-2005, 11:05 PM   #3
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Re: Down the hatch or up the corn hole?

In most cases you will have to do neither. Have nothing in plain view and NEVER consent to a search. Make them get a warrant. If they do not have probable cause then they cannot search your car. If they decide to search anyways, tell them explicitly, I do not consent to a search. Then it will probably get thrown out in court if your bases are covered. Marijuana smell is not probable cause. Most people get busted because they do not know their rights. Do some reading.

If a cop says...will you get out of your car and open your trunk...what do you say? Just get out of your car and say Sir, I will get out of my car but I refuse any kind of search. The cops will know when you know what you are doing or not. Most people dont. Dont be that person.
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Old 05-11-2005, 11:07 PM   #4
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Re: Down the hatch or up the corn hole?

And never throw anything in your ass. If you get arrested and searched at the jail then they may strip you, make you squat, and cough.
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Old 05-12-2005, 02:21 PM   #5
thepipebomb
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Re: Down the hatch or up the corn hole?

Quote:
Originally Posted by cranker
In most cases you will have to do neither. Have nothing in plain view and NEVER consent to a search. Make them get a warrant. If they do not have probable cause then they cannot search your car. If they decide to search anyways, tell them explicitly, I do not consent to a search. Then it will probably get thrown out in court if your bases are covered. Marijuana smell is not probable cause. Most people get busted because they do not know their rights. Do some reading.

I’m pretty sure if a cop smells marijuana coming from your car it would qualify as probable cause. It is a distinct enough smell that anyone could identify it if you had just smoked up in your car. Further more if you refuse a search it probably is not a stretch for them to get a judge to issue a warrant. Regardless I agree with you. Never consent to a search of your car if there is something in there you wouldn’t want them finding.

All this is moot though, b/c you should never carry drugs in your car. Smoke your dope before you leave your house. Why wait until you get in your car. If you must carry it in your car do like Juan said and roll some J’s. Don’t carry a ¼ ounce of bud with you when you only need to get you and your friend high. Don’t smoke in the car either, you can smell that shit for several car lengths behind the car while driving down the road. Also, if you’re going to carry it in your car DO NOT put it in your glove box. People are morons and put their weed in there all the time. What is the first thing the police are going to ask for: License and registration. Where do most people keep it: In their glove box. I had to go to a court appointed class once (busted for having a loud party in college) and virtually everyone who was in there for a marijuana violation got arrested after being pulled over and having a bag of grass fall from their glove box when asked for the paper work. I shit you not … better than got busted that way.
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Old 05-12-2005, 02:49 PM   #6
cranker
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Re: Down the hatch or up the corn hole?

Quote:
Originally Posted by thepipebomb
I’m pretty sure if a cop smells marijuana coming from your car it would qualify as probable cause. It is a distinct enough smell that anyone could identify it if you had just smoked up in your car. Further more if you refuse a search it probably is not a stretch for them to get a judge to issue a warrant.


You are right in some states. Most states have "plain sight" laws where they can search your vehicle only if there are readily identifiable objects in plain view of the officer. There are a couple states however in which they have established "plain smell" laws where the police can search a vehicle without a warrant if there is a readily identifiable odor eminating from the vehicle. Ohio is one of the states with plain smell laws. Funny that Ohio has some of the most relaxed marijuana laws as well. Small amounts are actually decriminalized there.

The constitution of the United States tells us that we have the right to refuse a search and that our refusal does not justify the aquisition of a warrant solely on that basis. If they decide to get a warrant on shaky grounds then a lawyer would easily be able to get it dismissed in court.
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Old 05-12-2005, 02:58 PM   #7
thepipebomb
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Re: Down the hatch or up the corn hole?

Quote:
Originally Posted by cranker
The constitution of the United States tells us that we have the right to refuse a search and that our refusal does not justify the aquisition of a warrant solely on that basis. If they decide to get a warrant on shaky grounds then a lawyer would easily be able to get it dismissed in court.

True, but most pot heads dumb enough to get caught driving around with dope in their car can’t afford ANY lawyer, let alone a good one. The attorney that my roommate uses for his corporation, and we used to sue our old landlord, is $250/hour. His offices are in Crofton Maryland, not exactly the Mecca of law firms. It was also a civil matter, not a criminal. He wanted a $2200 retainer if it went to court … CIVIL court. I can’t imagine what decent lawyer would cost to go to criminal court.

Long story short: Be smart and don’t carry dope in your car.
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Old 05-12-2005, 05:10 PM   #8
Juan.©amaney
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Re: Down the hatch or up the corn hole?

A cop has the right to search your car regardless to wether or not you concent. He cannot go into your glove box or trunk, but he can pull you over at any time, any place, for whatever reason he can make up (tail light, cracked windshield, swerving, a call for a car matching yours etc.)

In the event that you do not concent to a search, they impound your car until they can get a warrant.

I've been through all this, its better if they illegaly search your car, that way if you have a lbs of bud, it is illegal search and seizure and any idiot lawyer worth his weight in cigarrette butts can get you out.
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Old 05-12-2005, 11:30 PM   #9
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Re: Down the hatch or up the corn hole?

Quote:
Originally Posted by Juan.©amaney
A cop has the right to search your car regardless to wether or not you concent. He cannot go into your glove box or trunk, but he can pull you over at any time, any place, for whatever reason he can make up (tail light, cracked windshield, swerving, a call for a car matching yours etc.)

In the event that you do not concent to a search, they impound your car until they can get a warrant.

I've been through all this, its better if they illegaly search your car, that way if you have a lbs of bud, it is illegal search and seizure and any idiot lawyer worth his weight in cigarrette butts can get you out.


Ive been through all this as well and either a.) Yoru laywer was a shmuck and didnt know the law b.) The police took advantage of you, or c.) You live in a state whose laws are unconstitutional and of which I am unaware.

The police have abosulutely no right to search your car without probable cause, which in most states is something illegal in plain sight of the officer or a drug dog sweep of the vehicle. They can pull you over for bogus reasons, but they cannot search without one of the things I have mentioned above.
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Old 05-13-2005, 12:07 AM   #10
Juan.©amaney
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Re: Down the hatch or up the corn hole?

http://www.jus.state.nc.us/NCJA/legjan95.htm

Read that. A cops word in court that there was probable cause is worth more than yours, specially with prior convictions, specially with suspiscioun of being DUI or DWI.

I'll give him a call and pull the actual mumbo jumbo and post it.
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Old 05-13-2005, 12:11 AM   #11
Juan.©amaney
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Re: Down the hatch or up the corn hole?

Quote:
SEC. 2. Article 2 (commencing with Section 2830) is added to Chapter 4 of Division 2 of the Vehicle Code, to read:

Article 2. Searches for Contraband Firearms

2830. For purposes of this article "contraband firearm" includes any firearm unlawfully owned, possessed, concealed, loaded, or transported in violation of Title 2 (commencing with Section 12000) of Part 4 of the Penal Code.

2831. (a) Any person who drives a motor vehicle shall be deemed to have impliedly consented to a search of that vehicle for contraband firearms when requested by a peace officer acting pursuant to this article.

(b) All driver's licenses issued by the department on or after January 1, 1995, shall include a notice of the implied consent provisions described in subdivision (a).

(c) The synopsis or summary of laws regulating the operating of vehicles and the use of the highways, as provided in subdivision (b) of Section 1656, shall include a description of this section.



:wiggle:
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Old 05-13-2005, 01:44 PM   #12
cranker
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Re: Down the hatch or up the corn hole?

In that brief you posted of NC law it makes very clear that police a.) cannot search without probable cause, and b.) there is some kind of required expediency to to search.

Most state laws will be slightly different in what justifies probable cause because of the different precedents each state has aaquired over the years. In my state the odor of marijuana is not probable cause. Police cant search even if they find drug paraphernalia in the car such as a bowl with resin.

Police are not idiots, and they are going to make sure to do things by the book because they are going to want your conviction to be held up in court. Before a warrantless search they will want a second officer to witness what probable cause they have aquired and to observe the search they are about to conduct. Contrary to popular belief, police usually will not fabricate probable cause to search. Granted they may fabricate the offence which they use to pull you over....but people usually screw themselves when it comes to the probable cause. Their word is worth more than ours, but they will normally have the evidence to back up their claims.

I assume that the second post is from NC law as well. Could you post a link to the whose section?
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Old 05-13-2005, 02:35 PM   #13
Juan.©amaney
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Re: Down the hatch or up the corn hole?

Quote:
Originally Posted by cranker
Most state laws will be slightly different in what justifies probable cause because of the different precedents each state has aaquired over the years. In my state the odor of marijuana is not probable cause. Police cant search even if they find drug paraphernalia in the car such as a bowl with resin.


In my state, it is AND resin on a blade, pipe, paraphernalia is a misdemeanor; which state do you live in again?

Quote:
Originally Posted by cranker
Police are not idiots, and they are going to make sure to do things by the book because they are going to want your conviction to be held up in court.


No they aren't, but they are human and make mistakes. I can tell you a few times where they searched my glove box and trunk (old car, I have a truck now) without my concent. Also, 2 of my cousins lucked out when they weren't read their mirandas and weren't booked for a week. Posession with intent to sale, 10 oz base cocaine. Out on a technicality.

Quote:
Originally Posted by cranker
I assume that the second post is from NC law as well. Could you post a link to the whose section?

I'm gonna be honest with you, I was high when I was posting that...just google it, or wait until I get home, its more than likely still on my history.
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Old 05-13-2005, 03:06 PM   #14
Juan.©amaney
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Re: Down the hatch or up the corn hole?

Quote:
In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.

http://criminal-law.freeadvice.com/...ar_speeding.htm
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Old 05-31-2005, 09:05 AM   #15
Chronomonkey89
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Re: Down the hatch or up the corn hole?

Just as a note the cops can search your whole car minus trunk and possibly your glove capartment for a gun when they pull you over... this is if they think that they might be in some sort of danger. However if they find drugs and use them i'm not entirely sure but as everyone has already stated it, why risk carrying it in the car?
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