Buddy Holly
Member
sometimes you dont have to cop an attitude and resist. it depends but know the situation and adjust accordingly. but cops dont need probably cause, theyll do whatever they want. its on you to be clean and not give them an inch.
Yup...i wouldnt worry much, seeing as you have a clean record, and walked away without any tickets or anything.
however, being in a non-med state, it probably wouldnt be a bad idea to move things out for a month or so, if only to ease your nerves.
For future reference, "NO officer, I do NOT consent to a search."
I completely understand that concept. But how can it be proven? If caught for speeding they have the radar, speed photo, or paced you to prove it. If suspected of shoplifting they have the security tapes or you were caught with the unpaid goods...But smell is probable cause to search the vehicle. And your house if they do a knock and talk. Just don't answer the door if they show up, and keep all smells inside the house, even smoking smells....
You admitted to dwi almost right away.
You were fucking toast right then. They could have arrested you, which means they get to inventory your car, aka tear it apart.
If you would have resisted the frisk or anything else they would have probably done just that. You let them have their way with you and luckily things turned out for you.
Yup. At least where I'm at. I thought it was this way all over, but someone above said burnt weed doesn't count in their state. Of course you shouldn't COUNT on any of us knowing what we're talking about, find out for your own situation. Actually I think there can be consequences. If they base their probable cause or reasonable articulable suspicion on weed smell and find something other than pot, like a rocket launcher, then that might be inadmissible. But if they find nothing, then it's irrelevant, no consequence to them.Any and all officers only need to say they smelled pot and hope they get lucky finding something. If they don't, it is nothing held against them.
But smell is probable cause to search the vehicle. And your house if they do a knock and talk. Just don't answer the door if they show up, and keep all smells inside the house, even smoking smells. Amazes me how many growers will go to the end of the earth to control their grow smell when you can smell them smoking from their mailbox. Which of course means don't be sittin' on the porch toking when they walk up either...
Smell is NOT probable cause anymore.
Several higher courts have upheld this. Pot can smell like anything and anything can smell like pot. It is NOT probable cause.
"hello officer, how may I help you"
"are you stoned"
"no"
hand over license and registration/insurance and say no more.