a joint and some cigarettes

[CdwJava]

and i don't get any public defender over something little like this do i?

Nope. Since no jail time attached, you do not generally get a public defender. Some counties might have an attorney available for consultation, but those seem to be rare.

 

[shaunsk8]

You asked what crimes you were committing ,,, you were committing those crimes. You just had not been caught until they contacted you.

i wasn't disobeying the law in any obvious way to bring any attention to me. i was just there.

why didn't they ask me a single question first? how would you like it if you're walking down the street and outta nowhere a cops digging around in your pocket?

Apparently because they believed you had been smoking at least cigarettes, and as such, they had probable cause to search for the contraband and even arrest you for the offense.

and i'd like to know WHY they believed it was me.

do i get a chance to ask in court?

Nope. Since no jail time attached, you do not generally get a public defender. Some counties might have an attorney available for consultation, but those seem to be rare.

so all i get is - screwed over.

why should the cops be allowed to do this and get away with it. whats gonna stop them next time?

 

[Zigner]

so all i get is - screwed over.

Yeah, breaking the law can do that to you

 

[shaunsk8]

cdwjava - it seems like you think that cos they found something it completely justifies their search.

so i got no rights in all this.

so what if this all happened another day when i had nothing in my pockets - sounds a whole lot like unlawful searching.

so whys it suddenly lawful just cos i had something?

we were just some kids who happened to be in the "right place" when the cops came out the mall.

why don't the cops have to stop and figure out if it's the "right" kids in the "right place" - there were lots of kids around, not like we were the only ones. if it was a bunch of old people in the "right place" would they just be jumping in their pockets or would they stop and think about it for a second?? so why doesn't that apply to the kids too?

you can't say we looked EXACTLY like the kids who were smoking. why don't the cops have to determine id better?

 

[shaunsk8]

Yeah, breaking the law can do that to you

did u have fun last time some cops dug around in your pocket?

this wouldn't p*** you off even just a little bit?

 

[Isis1]

did u have fun last time some cops dug around in your pocket?

this wouldn't p*** you off even just a little bit?

only if it was a large amount in my pocket. i'd be mad i brought it.

you were carrying drugs and cigarettes. what part od not doing something criminal are you not comprehending?

you kow why i don't get harrassed by police officers? because not only do i NOT carry drugs on my person, but i also don't do them.

 

[shaunsk8]

you were carrying drugs and cigarettes. what part od not doing something criminal are you not comprehending?

u all missing the point. since when did we live somewhere where cops can just dig in someone's pocket whenever they want without a good reason?

b/c i'm young - so what - that's no good reason.

you kow why i don't get harrassed by police officers?

and why did i get harrassed by cops?

b/c i walked up to the entrance of a mall.

u never done that?

 

[Isis1]

u all missing the point. since when did we live somewhere where cops can just dig in someone's pocket whenever they want without a good reason?

someone reported you for doing something illegal. that's why. someone ratted you out. another reason not to do illegal things. someone will always tell on you.

b/c i'm young - so what - that's no good reason.

old people get told on and caught all the time. same as you young'ins.

and why did i get harrassed by cops?

you weren't harrassed to be technical about it. you were approached because someone ratted you out.

b/c i walked up to the entrance of a mall.

no, because you walking into a mall with drugs, and cigarettes on your person. which you should not have.

u never done that?

in highschool, we smoked in someone's yard and stayed there. we never carried. that would have been stupid.

 

[Cali408nia]

The OP did commit 2 crimes. Just because he wasn't doing anything that was illegal in plain sight doesn't mean he wasn't in possession of 2 illegal substances.

OP, you have to understand that possession of MJ is a crime and so is tobacco when you're under 18. Therefore, any time you are in possession of those things you are committing a crime. Just because you never get caught doesn't mean you didn't commit the crime. The crime involves possession - not intent, not being intoxicated, nor anything else.

That being said if the events went down the way you described then I absolutely believe you have a gripe. Cops tend to treat teens and young adults differently, often times intimidating them or violating their rights without even giving them a chance to enforce them.

In the future, you may absolutely say "Officer I do not consent to any searches". That probably won't stop the officer from searching you if he has probable cause to do so. It may not even stop the officer from searching you even if he doesn't have probable cause. But if you enforce your rights then it lets them know you aren't going to fold over and be played. And if they conduct an illegal search and you attempted to enforce your rights, you and your lawyer can argue it in court and you may win if the search was illegal.

Just because this incident happened don't let it influence your future encounters with cops. Don't assume every cop that walks up to you is harassing you for being a skateboarder and is going to dig into your pockets. Because then you'll get defensive and cop an attitude prematurely and it will only make you look more suspicious to the officer. Be calm and as polite as you can every time. You'd be surprised that sometimes cops are actually cool people and having the right attitude can save you a world of trouble.

 

[CdwJava]

cdwjava - it seems like you think that cos they found something it completely justifies their search.

I stated from the very beginning the circumstances under which they would be allowed to search. Whether they had a decent description or someone pointed you out, you do not know and neither do I. Assuming they had a good description or a party that said you were the one smoking, then the reasonable suspicion required for a detention was likely present. Assuming the odor of cigarettes or marijuana, or that aforementioned description or identification, then there is likely probable cause for the search.

You are certainly free to hire an attorney and challenge the search. You have that right. But, I suspect that mom and dad will not be keen on spending that kind of money to help save their miscreant child from minor penalties of their actions. Hopefully they will monitor your activities closely in the future so that you do not run afoul of the law in the future.

 

[shaunsk8]

someone reported you for doing something illegal. that's why. someone ratted you out. another reason not to do illegal things. someone will always tell on you.

no. not *ME*. they ratted out some other person. i just got in the way.

old people get told on and caught all the time. same as you young'ins.

you miss the point, cops wouldn't have gone after old people who happened to be at the same location as other old people the same way they went after us.

That being said if the events went down the way you described then I absolutely believe you have a gripe. Cops tend to treat teens and young adults differently, often times intimidating them or violating their rights without even giving them a chance to enforce them.

yeah they totally do treat us bad.

thanks for the advice for next time. i didn't say those specific words to the cop but i was like 'what are you doing?' 'why are you in my pocket?' 'get out' and stuff like that.

You are certainly free to hire an attorney and challenge the search.

right so if i had some spare money sitting around i could point out their illegal search in a court of law. since i don't i just got to accept that they went beyond their powers. and what, hope they do the same thing to a kid with money?

this could turn out to be an illegal search and the whole thing be tossed out. but because i don't have the money sitting around i just get to shut up and take it.

$$$$$$

even if they'd done this on a day when i had nothin - i still wouldn't be able to do nothin about it.

the cops think this is some way to be doing community policing or what???? why shouldn't i tell them to f off next time they try something like this. cops did a crap job at id-ing the people they were meant to be looking for.