possible illegal police action? (upm)

[Silverplum]

no, i was not seen at all in or around any woods. and i doubt that i smelled because we covered up the smell. it is possible that they smelled it though, and if so, shouldnt he have told me that.. im not changing my story to please you because this is a forum and i know you could just be some lonely guy at home giving people bad advice, but i am asking because there might be a semi qualified person that looks at these things and offers a little free help.. i am almost positive i shouldnt get that trespassing ticket because it is not trespessing in the first place.. and i do not believe they had any right to search anything because i never gave them any consent for anything.. if they could smell it on me, fine, they can search me, but we didnt smell.. and i dont think they ever had any small legal right to search my car. i never said they could and i am almost definately positive that they have to have a warrant to search your car if you dont give them consent

is there anyone who has even a little bit of legal training? i dont want to be yelled at and judged by random people

I'm Curly, from the Three Stooges. And I still know more law than you.

 

[Zigner]

no, i was not seen at all in or around any woods. and i doubt that i smelled because we covered up the smell.

Wow, three chuckles in a day...that's a record!

 

[OldandTired]

Ah, welcome to what used to be the "Land of the Free".

 

[cyjeff]

no, i was not seen at all in or around any woods. and i doubt that i smelled because we covered up the smell. it is possible that they smelled it though, and if so, shouldnt he have told me that.. im not changing my story to please you because this is a forum and i know you could just be some lonely guy at home giving people bad advice, but i am asking because there might be a semi qualified person that looks at these things and offers a little free help.. i am almost positive i shouldnt get that trespassing ticket because it is not trespessing in the first place.. and i do not believe they had any right to search anything because i never gave them any consent for anything.. if they could smell it on me, fine, they can search me, but we didnt smell.. and i dont think they ever had any small legal right to search my car. i never said they could and i am almost definately positive that they have to have a warrant to search your car if you dont give them consent

is there anyone who has even a little bit of legal training? i dont want to be yelled at and judged by random people

Covered up the smell?

Are you stupid? Translation, you REEKED of the stuff and think that because your parents don't smell it on you that the cops can't either.

Once they found the weed on you, they had probable cause to search your car as well. Even if you told them you couldn't.

 

[p2th3j]

yeah, i figured the car thing was a posibility.. but no, i am almost completely sure he couldnt smell anything and he never mentioned anything about smelling anything.. he was maybe 30 or 40 feet away from us when we saw him, anyway

 

[Zigner]

yeah, i figured the car thing was a posibility.. but no, i am almost completely sure he couldnt smell anything and he never mentioned anything about smelling anything.. he was maybe 30 or 40 feet away from us when we saw him, anyway

Yet, he was wise enough to ask you SPECIFICALLY about the weed.

 

[cyjeff]

And nothing says that they didn't see YOU long before you saw them.

 

[p2th3j]

there was no possible way for them to see us before we saw them.. there was a huge hill in front of us and the only got us once we got to the top of the hill

 

[infamous_insane]

I am not a NY police officer but even without there training, i can tell when a group of kids are suspicious.

Then they gave you a direction, (keep your hands out of your pockets) and you ignored that order. (probable cause to search you.)

you did probably reak of pot. more probable cause to search you.

Then, just as they suspected you were holding. they didnt need to question you at all so there was no reason to be marandized. (read your rights)

you were found to be in possesion of drugs (as the law catogorizes pot, not me) so they had probable cause to search your car.

I doubt the cops, especially Ny ones are sloppy enough to just do WHATEVER. they are givin free reign and your the dumb A** who walked right into them.

 

[cyjeff]

Yeah. Count on that.

Because the cops that work these parks don't know where kids congregate... and know good places to watch.

That is also why the first question was about the pot you were smoking... because they didn't see, smell or hear a thing.

Then you made their life easy by reaching into your pocket because you HAD to answer a text message. Police take sudden hand movements into pockets REALLY seriously. As I said, you are very lucky you weren't facing down the barrels of a couple of loaded guns.

That movement gave them the authority to search you... for weapons or for whatever you were reaching into your pocket to throw away.... yes, I know it was your cell phone, but the police don't and certainly don't have to believe you.

 

[xylene]

you did probably reak of pot. more probable cause to search you.

Probably not in NY. A good lawyer could clearly attack such basis for a personal search of a pedestrian in open country.

The tresspass is just a nuisance violation. The police are under no illusions that a trespass ticket for daylight hours in a public park is not going to stick. It was just to give you the business.

 

[p2th3j]

xylene, thank you for giving a serious answer

 

[Zigner]

xylene, thank you for giving a serious answer

So, when it's an answer you WANT to hear, it's fine. Gotcha.

Fact is, the police will be able to articulate valid reasons for searching you.

You were smoking pot. You were caught. I'm going with the theory that, in your drug-induced haze, you didn't notice the cops...

Oh, and this IS a serious answer.

 

[outonbail]

two police officers rode by on a golf cart, turned around, and stopped next to me.

Never make any sudden moves when a cop has a 9 iron!

 

[cracker]

Just because you couldn't smell yourself doesn't mean they couldn't smell you, and if they found pot on your person, they have probable cause to search your car. I'm not sure, but the tresspassing chage may stick if you were doing something illegal on park property. Are there any "drug free zone" signs? Why are you smoking pot where girlscouts go anyway? Don't you have a basement to hang out in?