24 replies to this topic

[swine]

Big props on posting this. It amazes me how many people are arrested simply because they had no clue they could deny searches.
In your post you mentioned that cops are able to remove objects felt during a weapons pat down. I'm pretty sure this must vary by state.
I say this because, in my state (or county??) at least, anything felt that is obviously not a weapon (bag of pot, etc) cannot be removed from the person without consent. I've been patted down several times and they always asked if they could pull shit out. Ive seen the same thing happen on the Cops TV show several times. Furthermore, a buddy of mine was interning and spent a day with the regional head of a LE agency (FBI I believe). The info i just gave was confirmed by this regional head.
Oh, and if youre driving, a weapons search can include your person, your glovebox, your center console, and under your seat. So if youre gonna hide something under a seat, dont hide it under your seat.
Stay safe...

[igetit]

Oh, one more thing. The laws making this illegal are completely fucking stupid to the point of being sickening. The backwards fucks that feel like its their business what I do in my own house in the privacy of MY OWN GODDAMN MIND are on the wrong end of history and can all go to hell. Mind your own fucking business you fucking pukes, don't eat mushrooms if you think its wrong or evil, I happen to think its fucking awesome and, hey, guess what, I'm a fucking adult and I can make up my own fucking mind. And you know what else, I'm fucking smarter than you and happier than you and healthier than you so go drink your vodka and take some more prozac and leave real drugs to people with a fucking clue. Mushroom cultivation is an absolute good and the best kind of civil disobedience in the face of the current creeping fascist mind control cult running the world at the moment.

woo!

[SharkieJones]

Nice common sense post.

[Gamera]

In your post you mentioned that cops are able to remove objects felt during a weapons pat down. I'm pretty sure this must vary by state.
I say this because, in my state (or county??) at least, anything felt that is obviously not a weapon (bag of pot, etc) cannot be removed from the person without consent. I've been patted down several times and they always asked if they could pull shit out. Ive seen the same thing happen on the Cops TV show several times. Furthermore, a buddy of mine was interning and spent a day with the regional head of a LE agency (FBI I believe). The info i just gave was confirmed by this regional head.

Thats true - the pat down aka Terry search is supposed to be limited to wepons, but the problem is that it courts will give a lot of leeway on what the cops thought might be a weapon (a pipe, for example) and it can also be the basis for additional probable cause. In practical terms they can almost always see what you've got in your pockets. A bag of weed might be safe, in which case they'll probably ask for consent to pull it out, which you can refuse. Its the same everywhere because its based on the Fourth Amendment.

And you are right - it extends to anyplace you can grab a weapon from and in cars it has basically been extended to the entire interior, but not the trunk. In your house it can be a drawer or bag, anything within arms reach.