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If pulled over and holding a small amount, do you admit to it or stonewall the police?

  • Tell them you're about to wet your pants or shit yourself and see if they'll let you go.

    Votes: 0 0.0%

  • Total voters
    4
  • Poll closed .
I've been debating with my friends lately about automobile searches and whether or not to allow the police to search your car. I contend that if you refuse a search, they're just going to harass you, intimidate you, and if you're carrying anything, they will throw the book at you no matter how insignificant your stash might be.

I got pulled over in Texas about a year ago with a half ounce of CO's finest on me in an smell-proof container. The cop pulled me over for no reason. Right about the time the trooper came up to my window to get my DL and insurance and all that, here comes the K-9 unit crossing the median and pulling up right in front of me.

The cop who pulled me over told me to sit in the front passenger seat. He interrogated me. Where are you going? Where have you been? Why were you there? How long have you lived in Tennessee? How long have you been at this address? What do you do for a living? Have you ever been arrested? I mean, he was giving me the third degree and I'm a dude in his late 30s, professional, educated, and very clean-cut.

I gathered that they were going to search me no matter what I said, did, or did not say or do. And just told him I had a half oz of CO's finest in the car and I consented to any search. They went through the motions with the dog (who showed no reaction to me), and claimed it was for "training purposes." It took them about an hour in 100-degree heat to finish searching my car. They were very thorough. They even got on one of those skateboard things and went up under my vehicle. They looked under the hood, took out the spare. They rifled through my luggage. Every nook and cranny. They asked me about motel receipts and why I had stayed the night in Amarillo. They even looked at a ball point pen in my pocket, and all my pens in my briefcase. They looked at my phone's web history (which I had recently cleared).

After all that b.s., I asked the K-9 cop supervisor if there was anyway I could just get a ticket and avoid jail. He told me to just stand there until they finished.

Anyway, long story short--they let me go with a ticket for paraphernalia (a bottle holding the weed) after I had to grind all that fine bud into the shoulder of the highway. I eventually hired a lawyer in TX and got the ticket dismissed--no fines, just $250 for the lawyer.

My friends here at home were livid. "Why did you let them search your car?" Well, I was pulled over for no reason. That's never happened to me before in nearly 18 years of driving with bud in my car, it's never happened to me until Texas (texas can go to hell). I knew they were going to search my car regardless.

My friends go on and on about principle and how we have rights (which we really don't have--unless you have lots and lots of money that you can throw away, we Americans really don't have that many rights) and we need to assert those rights. I did that once when I was in high school, telling a cop he couldn't enter my house without a warrant. He threw me to the ground and started billy-clubbing me, and then took me to juvy where I stayed for four days until my parents figured out where I was.

So more recently I was pulled over by a local Tenn. state trooper for speeding (75 in a 70), and I didn't have any weed on me. The moment the trooper came to my window and asked for DL and insurance and all that, I politely handed it over to him. Then I said very politely without condescension and all that: "so I guess now you're going to want to search my car, interrogate me, detain me, and give me the 3rd degree."

He looked at me puzzled and asked: "Mr. Martin, why do you think that's what I want to do?" I replied as politely as I could, "well, I read the newspapers and that's what law enforcement does around here. I drive this stretch of I-40 everyday and everytime I see a car pulled over, LE is searching the car! Isn't that what you guys do? Anyway, sir, I'm in a hurry because I've got to go the bathroom--no.2--really, really bad and I'm only 15 minutes from home."

He wrote me a warning, gave me back my DL and other info and said "keep your speed down."

Anyway, let's debate this--what's the best thing to do when you're pulled over? Should you give up a small amount of bud and hope for the best, or should you stonewall the officers and assert your rights (which I don't think we really have rights that a cop will respect)?
 

texasjack

Well-Known Member
never admit guilt. All lawyers will tell you this. You might get off on a technicality but that's impossible if you admit your guilt.
 

TBoneJack

Well-Known Member
My opinion is this: never for any reason consent to a search of your person, vehicle, house, etc.

1. It's an unnecessary waste of your time.

2. The cops aren't gonna put anything back in place. They'll ruffle through everything, and then you get to put everything back in place. Major (and unnecessary) hassle.

3. If they damage anything, you're not going to get reimbursed. You'll pay for the damages.

4. You have no idea what might be in your vehicle or house that you didn't know was there. Got kids? Teenagers? Then they're likely smoking pot and could have dropped a joint between the seats. Or your best friend's prescription bottle of oxycontin could have dropped out of his pocket before you dropped him off at his house 5 minutes ago.

5. If you are in possession of marijuana, then why the hell help the cops nail you? What do you have to lose by refusing a search?
 

whitebb2727

Well-Known Member
Refuse, refuse, refuse. Why take a ticket. Refuse. It doesn't matter if your holding. Of course I hate cops and what they do.

Even if you go to jail for simple possession and you refused the search, the cops have to prove probably leave cause. Refusing is not probable cause. Just because you were holding is not proof of probable cause.

If arrested, always file for a motion of discovery. They have to provide you the case they have against you. You wouldn't believe the lies on motions my friends have shown me.
 
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