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-=KNOW YOUR RIGHTS=- Fourth Amendment ( The 4th )
The right of the people (thats you, stoner) to be secure in their persons, houses, papers (Not rolling papers you damn hippy), and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This Means... Your shit will not be searched without a real reason. Fifth Amendment, in part ( The part that matters to all stoners ) -- No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of Life, Liberty, or Property, without due process of law... -- This Means... You will get a fair trial and be treated fair no matter how much of a dirty hippy stoner you are. General Rules for not getting arrested. 1. Don't leave Drug stuff in plain view. ( Contraband ) Even though cops need a warrant before they can conduct a privacy-invading search, any contraband you leave in plain view can be confiscated. After that you will pretty much be arrested and a valid warrant will be issued. So if you are smart don't leave you shit lying around all over the place. 2. NEVER Consent. ( NEVER ) Many people who have been arrested on Marijuana charges could have avoided the whole situation by exercising their fourth amendment rights. If a cop asks for your permission to search it is probably because... •There is not enough evidence to obtain a warrant. •The Cop is a lazy motherfucking asshole and doesn't want to go through the trouble of obtaining a warrant. Cops are trained to intimidate you, no matter what he says don't say yes to a search. If you do say yes , you waive you constitutional rights and if the cop finds contraband, you will be arrested. If you say no, the cop must either release you or detain you and attempt to get a warrant. Just because you refuse a search doesn't give the cop grounds to arrest you. The cop can only get a warrant from a judge or a magistrate, and only if the dirty motherfucker can show that there is probable cause. He must have information the cause a reasonable person to suspect that a crime was happening, and that there is evidence in the object of search in question. make sense? probably not you damn hippy. Keep in mind that there are exceptions, like you just fishbowled your car and fumes are pouring out of your car. In this situation a cop can search without a warrant. If a cop asks you if he can search anything you own or are authorized to control, say... " I do not consent to a search of my [ thing ]. I do not consent to this contact and do not want to answer any questions without my lawyer present. If i am not under arrest may i please leave ( or be left alone ). 3. Never answer any question without your lawyer present.Whether you are arrested or not you should always exercise you right to remain silent. Anything you say to any one could be used as evidence against you. You have the right to have a lawyer present during questioning. Your right to remain silent should always be exercised. 4. When you can leave ... and get back to tokin' up. You can end an encounter with the cops at anytime unless you are being detained , or are under arrest. If you do not know whether you can leave ( probably because you are blazed ) ask the cop - " Am i under arrest or being detained" if he says no, your are free. The cop can detain you (Temporarily) if he has reasonable cause that you are involved in criminal activity, otherwise you are blubbering about random shit. The cop must be able to prove later that there was reasonable cause. When you are being detained the cop can preform a "frisk" if he suspects that you are armed, he then can only reach into your pockets if he feels something that he thinks is a weapon. 5. Do not be a little hostile motherfucker, do not physically resist. There are times when you will refuse the search and the asshole cop will do it anyway. Do not get physical , just reassert you rights. any evidence found without a warrant will be dismissed as evidence. 6. Informing on Others... The cops and prosecutors often try to cut a plea bargain, in exchange for information that leads to the arrest of others. I would never do this one because you are helping the other team , you are a narc, and you will get your ass kicked if you rat people out, and it is bad karma. |
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