Busted? Know your rights!
by Lieutenant
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I recently got busted for possession of marijuana and underage intoxication of alcohol. In hindsight it was very bad judgement on my part, but I won't go there. The reason I am writing this article is because when I spoke with my lawyer, I realized a few key pieces of information that could've deterred the entire situation. There is no order to this document, I'm just writing it as I think of it.
First off, if a cop car or cop approaches you in any manner other than a traffic stop (i.e. he pulls up behind you while sitting in a car in a parking lot, as in my case), you do NOT have to roll down the window to converse with the cops. Unless you are pulled over for a traffic violation, it is an invasion of privacy for a cop to make you roll down your window.
Hypothetical situation: you are hotboxing a car (fun!) in an empty parking lot and a cop pulls up behind you (a suspicious car, he's only doing his job). If the whole car wreaks of pot, avoid a hazardous situation and simply talk to the cop through the rolled-up window.
Secondly, if you step out of the car, and the cop asks you to empty your pockets, don't. The cop is trying to persuade you to let him do things he has no authority to do. The most a cop can do (IF he has reasonable suspicion) is pat you down for weapons, so DO NOT consent to a search.
Third, you have the right to remain silent. This is a CONSTITUTIONAL RIGHT! If a cop asks you how much you have had to drink, for instance, simply use your right to remain silent. Trust me, it will make all the difference in the world.
A cop, unless he has a search warrant, CAN NOT search your car or home, unless you give him consent. Now you may think that if you refuse a search that you're automatically guilty, but this is not the case. Cops are like the devil, they only have as much power over you as you LET them have, understand? Good. If you refuse the search, the cop must get a warrant, and to get a warrant, they must prove (in front of a judge) that you are hiding something dangerous or illicit. Now this is just too much paperwork for a cop to do for a bust that probably isn't even worth it, so he won't do a thing.
Keep in mind that if you piss off a cop (which if you use your rights you will), most cops will tend to look for something they can bust you on. A broken taillight or headlight, or something equally stupid. This comes down to priorities. Which one is worse, a fix-it ticket for a taillight or a charge of possession of marijuana or DUI? I thought so.
Hopefully this information will be useful to you. My only regret is that I didn't have this information BEFORE I was busted... Pity.
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