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dudesweet999

Junior Member
Idaho. Some friends and I (four 20 year old's) were driving back from Boise passed by a patrolman who had a semi pulled over. as we passed, the officer pulled out immediately and pulled us over without ever having to turn his lights off. we pulled over worried about the multiple resin hits we had taking 30 min prior but we stopped.
The officer walked up and explained we were pulled over for no front license plate and we showed him the one in the front window. then he stuck his head in the car and smelled to look at the plate. He said he smelt pot and we denied at first saying it was cigarettes but he was convinced there was pot in the car although there was no visual evidence to support his case but he was very persistent. it felt like he was profiling us.
He then began saying he could be more lenient on us if we just gave it up now saying he could hand out just citations for any pot under 3 oz and no one would have to go to jail and through some manipulation and possible scare tactics? he got my friend in the front seat to single my friend out who had a pipe in the back with me. the officer took us out of the car one by one and did a pat down but never read us our Miranda rights and was very clear that he had not yet read us our rights. (i don't know if that counts for anything anymore since the patriot act...again no knowledge of the law.) at this time two more officers showed up and got out just to stare and laugh at us as we were cold on the windy highway.
Here is the part, while searching the car he found an old small metal pipe of mine that was thought to be lost and was going to give the ticket to my friend and then i took over and claimed ownership because it would not be fair to my friend and i got paraphernalia with intent to use, a xx charge if you ask me, of course i was gonna use, but there was no marijuana in the car and only two paraphernalia tickets with intent to use were issued.
As we pulled away after all this the two more patrolman who were there watching us were ahead in the median and when they saw us one pulled out before and the other let us pass before pulling out behind and we drove in that order until the latter officer passed us a couple of miles later. No reason for that we thought.
I guess my question is do i need a lawyer that i can barely afford if i want no probation or do i have a chance and can get a public defender? i have a consumption ticket from when i was a minor and one Minor in Possession as an adult. any help would be very much appreciated. Thank you.
 
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dmcc10880

Member
A lawyer may be a good investment for you with your past history.

Bad thing for you is, they do not have to prove intent to use. Just by virtue of having a pipe by Idaho law is enough to prove intent to use.

The stop was totally legal. You and your friends blew it (pun intended) from the moment you were pulled over. Roll window down about two inches- he can't sniff through that opening. Provide license, registration, proof of insurance. Point to the tag in the front window- if requested to see it, take tag off dash and pass it through the slit to the officer. Then, officer, I'd like to enforce my right to remain silent. Everyone in the car remains silent- nobody says anything. No one consents to a search. If asked to get out of the car, get out. Take the keys, roll up the windows and lock the doors. Remain silent. Even if they brought out a dog, unlikely it would get a hit on a couple of pipes. If it does, then the search is on and the outcome would have been the same.
 
we pulled over worried about the multiple resin hits we had taking 30 min prior but we stopped.
So you admit you were smoking pot resin in the car.

He said he smelt pot and we denied at first saying it was cigarettes but he was convinced there was pot in the car although there was no visual evidence to support his case but he was very persistent.
Because it was pot resin and not cigarettes. The officers are trained to know the difference.

BTW, the smell of pot is distinctive and persistent. Smoking pot in a car is one of the most foolish things you can do for the simple reason that if you get pulled over for a routine traffic stop, the officer is going to smell it as soon as you roll down the window (as you all found out).

it felt like he was profiling us.
Because he was right???


He then began saying he could be more lenient on us if we just gave it up now saying he could hand out just citations for any pot under 3 oz and no one would have to go to jail and through some manipulation and possible scare tactics?
That is police SOP. Police are allowed to lie to suspects.


he got my friend in the front seat to single my friend out who had a pipe in the back with me.
That's the way they do it.

the officer took us out of the car one by one and did a pat down but never read us our Miranda rights and was very clear that he had not yet read us our rights. (i don't know if that counts for anything anymore since the patriot act...again no knowledge of the law.)
There was no reason for him to mirandize you.


at this time two more officers showed up and got out just to stare and laugh at us as we were cold on the windy highway.
Cue the violins.


Here is the part, while searching the car he found an old small metal pipe of mine that was thought to be lost and was going to give the ticket to my friend and then i took over and claimed ownership because it would not be fair to my friend and i got paraphernalia with intent to use, a xx charge if you ask me, of course i was gonna use, but there was no marijuana in the car and only two paraphernalia tickets with intent to use were issued.
So paraphernalia is illegal in Idaho, you confessed to having paraphernalia, and they cited you for paraphernalia. What's the problem?

As we pulled away after all this the two more patrolman who were there watching us were ahead in the median and when they saw us one pulled out before and the other let us pass before pulling out behind and we drove in that order until the latter officer passed us a couple of miles later. No reason for that we thought.
He was probably following to make sure the driver was not driving impaired i.e. doing his job.

I guess my question is do i need a lawyer that i can barely afford if i want no probation or do i have a chance and can get a public defender? i have a consumption ticket from when i was a minor and one Minor in Possession as an adult. any help would be very much appreciated. Thank you.
Yes. You need a lawyer. If you cannot afford one (meaning really can't afford one not just that you don't want to pay for one) an attorney will be provided. You have priors, so it is imperative that you get a lawyer to make the best deal possible for you.

I don't know the rules for front license plates in Idaho. If the state requires it to be displayed in the usual place and your friend did not have it there, then the stop sounds valid. If not, then you might be able to challenge the stop.
 
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