Smokin in the park...

So, last night a couple of friends and I drove to a park after work to smoke a couple bowls. We smoked 4 or so and we had just packed a fifth when we see a car coming. I quickly stash everything under the seat and then my friend says "It's a cop." We turn on the car and start to drive off, then he shines the spotlight at us and turns on his lights. He comes over and takes my friend out of the car and talks to him for a couple of minutes. Then he comes back and says "I know there is marijuana in this car, not because of your friend but because I can smell it. If it's a little bit just give it to me and you most likely won't get a ticket." So we put our stash on the seat--three 1/8s (1 per person). Then he asks us if we have any pipes and fork two over. Then he asks for our money. He stops to think and says "Normally if you are caught with drugs we take all your money. I'm not going to, so let this be a lesson don't carry money and drugs together." Everyone except for one of us is 18. The other person is 17. The 17 year old was told he has one week to tell his parents and then the cop is going to call to check. Then he let us go with a warning and took our stash (obviously). We were extremely lucky.

 

hmmm...i never heard of cops taking your money when you have drugs on you. when i was in the state forest and a ranger caught us smoking, he just took the weed and give us a little fine. he didn't say anything about taking our money or that he usually does. this sounds a little weird to me...

 

I've never heard of the money thing either, usually just dumped the stash out and that was that.

 

The only situation I can think of where they'd take your money is if you're going to jail, then they take any cash you have and you get like jail credit or whatever, and can get refunded when you get out by a check that probably takes like 6 months to fucking get.

 

Well then he was probably just saying it to try to care us. Thanks for the info.

 

I've never heard of the "You have one week to tell your parents, and I'm going to call and check to make sure you did" thing either. Seems a little strange to me. In any case, if you're going to smoke in your parked car, DO NOT do it on state property.

 

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That's bullshit!!! NEVER NEVER give into a cop because he said he "smells" it. Tell him, "I'm sorry Sir, but I don't smell anything." They can't get you on smell. Plus, they can't take your money. My anger level would have rised fast if i had to deal with an asshole like that.

 

the whole situation seems a little strange. i've come up with two things: either this is made up, or that you guys were really high and the "cop" could have been some older kids fucking around with you.

like i've said, they wouldn't take your money unless you're getting arrested, which they tell you before they take your stuff. and the whole "you have a week to tell your parents" isn't right for minors. last week cops came to the house i was smoking at and there was a girl who said she was 17, was really 16, and they called her parents right from the house. they are required by law i think to call the parents of a minor any time the cops get involved with them. i could be wrong but all the cases i know involving cops and minors, they call the minors parents right then and there.

 

Just to say, yes, a cop can search your car if he smells it, he can search if he sees, smells, or hears anything illegal

 

"Give me your money" plus "I'm going to call you parents and tell them I took drugs and money away from you" makes things sound fishy. Very odd.

Well, which do you prefer, being busted or being robbed by a cop?

 

"smell" doesn't hold up in court. I know people that got off free because of this.

 

sounds to me (assuming you're sure it was a cop) that you just happened to be dealing with a pot smoking/selling cop, he's obviously on the shady side but i'd rather have some crooked cop take my dope and pipes- hell i'd even throw in the cash, than to be busted and actually charged with anything. consider yourself lucky i'd say.

 

I didn't say that smell holds up as evidence in court, I said that smell gives them a right to search a car.

 

I would much rather lose like $10 worth of weed and a $12 pipe then get a possesion ticket. And, I think the money thing was a scare tactic.

 

well, prior to the "Patriot Act" any charges would have been dropped because smell would not grant a warrant. Now they can search your car at anytime for no reason.

 

Not true, a cop cannot get you on smell. If she/he sees a pipe laying on your seat then yes she/he has probable cause. I have a DVD that a buddy of mine got from flexyourrights.org and it's very informative on what cops can and cannot do when they stop you or pull you over. If anyone would like a free copy of this DVD just PM me and I will send one out.

 

I have a teacher, who was a cop, he told us, straight forward, you can search if you see smell or hear anything illegal. Here's a quote,

"Writing for the court, Justice Clifford Taylor wrote, “The smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle.”

 

The below is taken directly from the FlexYourRights.org website.

Probable cause Facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person arrested is responsible

At this stage, police may perform a search, and often an arrest. Probable cause generally means police know what crime they suspect you of and have discovered evidence to support that belief. Common examples include seeing or smelling evidence which is in plain view, or receiving an admission of guilt for a specific crime.

It says in there "seeing or smelling evidence in plain view", not just plain smelling. Just because a cop says she/he smells something doesn't mean shit, it has to be in plain view.

 

Okay, or means either one or the other, possibly a combination of both. Cops can search your car if they smell something, okay, just deal with it, it's their best loophole for getting around the probable cause requirements, you can't prove that he didn't smell anything.
I t'ink you t'ink that it means "Smelling and seeing." That means that he would have to both see and smell something. It doesn't, it says or, you are wrong, deal with it and move on...