God I love those guys. @Kingofthekush420 Can you elaborate on your three felonies please and thank you? I’d like to know, everything is a learning experience.
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Soon you should be able to get those expunged with the decriminalization movement going on now.
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It’s crazy that you think probable cause can only come from incriminating statements from yourself.
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Show me where I said that please?
If you’re pulled over for a traffic stop and you’re not doing anything wrong then they need probable cause to search you
Like I said above if you have drugs out or your car smells like weed ( in a state where weed is illegal, in states where weed is legal they cannot search you bases on smell anymore) then that’s a different story.
I’d read this excerpt from the supreme court ruling
It even says in there k9 searches are not considered part of a traffic stop
They also say a police officer cannot rush through ticketing to investigate other crimes
I’ve been arrested twice for selling weed in CA
The first time it was just possession with intent to sell
The second time they got me for sales and for transporting
I know I can get them expunged I just haven’t had the time
The pot bros will expunge them for me for 3k lol
Or CA should automatically do it soon.
I want my gun rights back
That’s the main thing I’m going for
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Wow, $3k is nothing to expunge them compared to what that would do for you. Gotta have your gun rights. Hell, deer season is approaching fast here in IA and Idk what I’d do if I couldn’t go to a licensed arms dealer lol.
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Let’s analyze the situation above.
Reasonable suspicion is thrown out as the cop said he was stopped for a traffic violation.
According to Rodriguez vs the US
“Its tolerable duration is determined by the seizure’s “mission,” which is to address the traffic violation that warranted the stop”
Okay so he was stopped for following too closely
The cop said this too
That means she gets 8 minutes to establish probable cause to search you. Her mission is to ticket you for a traffic violation.
I’m not sure how long this whole ordeal took before he was thrown in the back of the car. I’m willing to bet it was more then 8 minutes though as most cops check drivers licenses, run your name for warrants, and check your registration and such and then write you the ticket. It’s a long process. Heres a direct quote from Rodriguez vs the US on this
“Beyond determining whether to issue a traffic ticket, an officer’s mission during a traffic stop typically includes checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of
insurance. These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safe-ly and responsibly. See Delaware v. Prouse, 440 U. S. 648, 658–659.
Lacking the same close connection to roadway safety as the ordinary inquiries, a dog sniff is not fairly characterized as part of the officer’s
traffic mission.”
Now heres where I would have done things different.
I wouldn’t have said shit about where I was going.
And I would have been happily on my way.
Hemp is 100% legal, whether the officer knows that or not is the question.
Going to a legal hemp auction is not probable cause for search, especially when hes a licensed hemper producer/farmer in his state.
This was an illegal search.
It would not have held up in court.
Now could it have been avoided?
Yes
BY NOT TALKING TO THE POLICEEEEEE
99% of ppl incriminate themselves.
You do not have to talk to the police when they question you
If you use the script that the pot brothers at law teach you can build a defense starting with the first sentences you say to the officer
“Why did you pull me over?”
This establishes the mission of the stop!!!
This is really important.
If you get them to admit it’s a traffic stop then the 8 minute precedent starts.
If you do not talk to the police they cannot establish probable cause during a traffic stop unless you’re car smells or you’re doing something illegal in front of him. This is the whole point. The pot brothers at law use this all the time to get BS cases thrown out.
This is a perfect example of where the script would have saved him from a search. Even though she did not have probable cause because he was talking about hemp, she based her search off of his replies. Had he not said anything she couldnt have even made a false presumption.
Moral of the story
YOU DON’T HAVE TO TALK TO COPS!!!
DONT INCRIMINATE YOURSELF!!!
That document discusses the inclusion of an id check and running the driver for warrants, does anybody know if passenger being identified and ran for warrants is legally considered part of a traffic stop?
I willingly give up my id when I am not driving if asked, and this thread has me feeling like I’m giving something up that I shouldn’t be
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I got arrested by sitting in the passenger seat and refusing to show my ID. I told them my first name and that’s it but they got butthurt and pulled me put of the car. They brought an undercover higher ranking dude to come and harass me on the sidewalk about why I won’t cooperate and he starts taking pictures of my face with his iPhone to do a facial recognition scan. I told him to fuck off politely and told them they can’t search any of my stuff. Ended up losing some good master kush and skywalker og that day
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To the OP sounds to me like you are guilty of a little bad assery in telling the officer what you are doing and where you are going. Strictly speaking I dont think anyone in Florida except the 22 or so medical marijuana licensees have a license to grow, transport, process, or sale hemp in Florida. I believe those rules are still being presented to the USDA for review. Of course there are the 230000 medical marijuana patients as well. I know many are selling under the proposed hemp rules but they aren’t licensed last I checked.
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Got a ticket once when i was 19, no script, had a half O in my pocket. pretty sure i was visibly stoned. lost some original Kens GDP that day. and had to pay $145 for the ticket. luckily the weed was free from a grower/friend.
ive been in the cannabis industry for just over 9 yrs, the last 4 yrs being strictly manufacturing.
No priors, never even been arrested. 
the police
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Definitely don’t want to debate something I’m unfamiliar with but if you keep reading this excerpt you can see the individual in this case ended up spending 5 years in prison.
Yes because they ruled 8 minutes was sufficient enough to not invade his rights
This set the precedent about the 8 minute probable cause rule.
Here read the whole ruling directly from the supreme court
https://www.supremecourt.gov › …PDF
Rodriguez v. United States - Supreme Court of the United States
It depends on the context. If you haven’t already raised suspicion, best to tell the officer what they want to hear and have them believe its a routine traffic stop with nothing more to do than write the ticket and move on. I’ve known people who went with the silent script right off the bat and ended up getting pulled through their window and having the shit kicked out of them and thrown in jail for a few days. Sure, they beat the rap, but not the ride, and they didn’t have the resources to sue the department.
Now if they’re already itching to get you to incriminate yourself for some other reason, yea, stfu and under no circumstances do you give them permission to search your car whether you have something to hide or not.
The thing people forget is cops have authority with impunity. That means they can really just do whatever the fuck they want and not worry about suffering any consequences. They don’t give a shit about your rights. You literally have to “tell it to the judge” and until then, you might very well be hanging out in a cage for a few days. So if I can avoid all that by risking a petty misdemeanor at the worst (not even a crime at all in my state) then yea, I’ll tell them some boring story they want to hear and be on my way while the silent guy gets his ribs kicked in for “resisting” and thrown in a cage for a week.
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The cops are nothing but gangsters masquerading as peacekeepers. Would you argue with some gangbanger about how you have rights as they’re holding you up for your wallet?
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Thats an immature view of the situation. They work for you. Good employees require good management. If youre having issues with your employees you might consider improving your management skills.
That whole notion that the cops “work for us” or that any government employee works for us is a very naive point of view. A fairytale taught to us when we were children by public schools. In what way does the cop/citizen relationship dynamic even slightly resemble an employer/employee relationship dynamic? Are you able to fire a cop for misconduct? When was the last time you personally signed a cop’s paycheck?
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Got it thanks
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I see your point of view. And when i was a rebellious kid i felt the same. You can absolutely hold them accountable thru legal and even physical means if you have evidence you are in the right. My property taxes fund their employment.
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Good luck with that. There are far more dirty cops and judicial ppl vs the good ones.
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