Because weed smells like skunk

K

kottonmouth69

New Member
Well I tried a legal advice forum but they're all jackasses. At least here I'm talking with people who are on my side of this fight. I was coming home from being out all day. It was about 11:30PM. I was going 5 over with the cruise set. Then I noticed a police officer behind me. I slowed down when the speed changed and used a turn signal to make a turn. After rounding the corner the officer pulled me over. He got my license, didn't mention anything else. But asked why we weren't wearing seat belts. He said that he smells burnt pot. Then he takes my license, comes back to the car has me step out and puts me on the back of the car. Searches me and finds my pot. I hadn't smoked in my car in days, but drove by a skunk. And because of that he had his probable cause. I spent the next 7 hours in jail. Now I'm awaiting my trial in a month. Of course I live in shitty Illinois, so I'm going to have to try not to go to jail on this. Because this isn't the first time I've been arrested and caught with pot. If anyone happens across this that can help me out. Please let me know.
 
kottonmouth69 said:
Well I tried a legal advice forum but they're all jackasses. At least here I'm talking with people who are on my side of this fight. I was coming home from being out all day. It was about 11:30PM. I was going 5 over with the cruise set. Then I noticed a police officer behind me. I slowed down when the speed changed and used a turn signal to make a turn. After rounding the corner the officer pulled me over. He got my license, didn't mention anything else. But asked why we weren't wearing seat belts. He said that he smells burnt pot. Then he takes my license, comes back to the car has me step out and puts me on the back of the car. Searches me and finds my pot. I hadn't smoked in my car in days, but drove by a skunk. And because of that he had his probable cause. I spent the next 7 hours in jail. Now I'm awaiting my trial in a month. Of course I live in shitty Illinois, so I'm going to have to try not to go to jail on this. Because this isn't the first time I've been arrested and caught with pot. If anyone happens across this that can help me out. Please let me know.
Click to expand...

How much did you have?
Did you finish probation after the first time?
Have you contacted a lawyer, preferably one listed by NORML?

I didn't realize Illinois was one of the most hardass states about pot... but it looks like you're right. If you can't get sound advice otherwise from a well-respected and qualified attorney, I'd recommend going humbly for the judge and just explaining that you screwed up, and you didn't mean to hurt anyone. I doubt he/she will lock you up.

Messed up situation you're in... and another reason it makes sense to fully legalize pot.
 
Holy shit man get a good fuckin lawyer that's some bullshit that pig pulled on you. Fight that shit! Did he find a pipe in you're car also? Anything that would indicate that you had been smoking recently THAT NIGHT? Think of anything that would clear you of this because you shouldn't go to jail based on 1 pig's perception of smell associating a dead skunk's smell w/ the smell of skunk weed, and declaring that probable cause.

I don't know about anyone else, but a deak skunk does NOT smell like skunk weed, anybody who thinks that merely has a different perception of smell, if that's even possible.
 
Well, I tend to think, realistically, there couldn't have been any way it was actually the skunk that did it. Unless it had JUST died and sprayed it's ass-spray into the air, the smell wouldn't stick to your car. You probably smoked recently in those clothes, or NEAR the car, or just had some really dank smelling nugs, and you know it. Either that or you just look like a blatant stoner. Like he said, hire a lawyer, and humbly request treatment or probation instead of prison, and you shouldn't lose your freedom over this stupid harmless shit.

Oh, one more thing. Double check the police report really carefully. If the cops embellished something to make it look smoother from their side, usually anything at all, and you decide to call the cop into court to fight it, they'll often stumble on their lies and the judge may throw it out. Has happened to a friend of mine twice.
 
In the police report I was caught with 2.5 to 10g, but the court records say 10 to 30, still a misdemeanor but a stiffer penalty. No I had no paraphenalia at all. I had smoked much earlier in the day, but not all that recently. What happens is any time I drive somewhere where there's a pungent smell, the smell will blow in through the vents, which is all I had on, no A/C or heat. Once it does that I can usually smell it for a good 10 minutes. Trust me what I had wasn't all that dank. It really didn't have a strong smell. It was pretty bland stuff. Besides the officer said that he smelled burnt marijuana, not raw or fresh marijuana. I doubt that from behind me that the pig could've even been able to tell that I wasn't wearing a seat belt, it was dark and we weren't stopped once, I hit all green lights. I had my cruise set at 5 over because I've seen people pass me even at that speed and I had read about a case in IA, right across the Mississippi, that a man was pulled over for going 63 in a 65 and had both hands on the wheel and was wearing his seatbelt and because it was strange for someone to do that on I-80, a pig pulled him over and searched him and found nothing so he had the cop on the other side of IA pull him over and search again, this time finding pot in the trunk. Of course they used K-9s for it. Pretty much the only reason I could even think of for him pulling me over was for the seat belt, but I highly doubt that from behind he could tell. He didn't even pull me over until I had made it around a corner on the way back to my home. At that point I wasn't even speeding. I hadn't made it to 55 yet. I do have long hair, so that may have made him suspicious. But that's profiling and profiling is wrong. Yeah the worst thing is the bail on my car was more than my own bail. Ain't that some BS, I couldn't even have them take my car to my house so that I wouldn't have to pay to have it towed, even though my house was like less than a mile away. But there was no way at all I could've even smoked in there because I had nothing to smoke with. Oh yeah, yes I did complete my probation before when I was arrested. Over in Iowa people and judges are pretty nice. I honestly can say if I were to move somewhere in this area again, I'd move back to Iowa because Illinois has done nothing but get me into trouble. At least when I got arrested in Iowa it was my own fault for being stupid. This time I was being a good boy and still got into trouble.
 
weeeeak!
Dude, lucky you didnt have an ounce or more, otherwise, you wouldn't be chatting with us... but the sole fact that this isn't your first time is gonna kill you! You're gonna have to find a lawyer to back you up... and if u haven't finished your probation, sorry to say, but ur going to jail, probably for like 1-2 months, (they'll decide on your court date) or if you get lucky u'll just get a BIG ASS FINE and gonna have to take Narcotics classes (which you have to pay for)...
to make it simple, what's gonna happen to your ass, depends on your past record, if you've been busted before more than once, JAIL FOR SURE, second time leans more toward FINE than Jail time, but idk.... sorry to say but DONT LOOK GOOD
:peace: :bongrip:
 
Maybe you misunderstood, I did complete my previous probation in Iowa, the charges were dismissed. I haven't had a chance yet to expunge the record yet. But it wasn't a conviction.
 
kottonmouth69 said:
Maybe you misunderstood, I did complete my previous probation in Iowa, the charges were dismissed. I haven't had a chance yet to expunge the record yet. But it wasn't a conviction.
Click to expand...

dude, if your record isn't expunged that means that the lil Iowa incident remains on your record, therefore, it still states you did wrong in the past! Like it or not, unless the old incident has been whiped off your record, they ARE DEFINATELY GONNA HOLD IT AGAINST YOU, just hope they don't count this as a second offense... cuz if that's the case, TO JAIL YOU GO... it's like cannabisuser said... "good luck"
:peace: :bongrip:
 
I'm in the QC, Rock Island. That's where I got busted. But I really think that this officer fucked up. I mean I still don't know why I got pulled over.
 
I'm sorry to hear this, but the police can pretty much do whatever they please. If he wants to pull you over, he's going to, and he will just make up some excuse why he was able to do so later on. They could literally start measuring your cars height off the ground and say that was the reason why they pulled you over if they chose to do so. It's not even worth trying to argue that he was in the wrong for the initial traffic stop becuae they will always make it your fault in the end. Also, even if you when he asks you if it's okay to search the car and you tell him "No, it isn't" they are still within the boundries of the law to get a K-9 unit to sniff the car clean. Basically, if you refuse them the right to search, though it is within your rights as a citizen, you are basically not only admitting you want to hide something but you are also inviting them to use a K-9 unit on your car, which will no doubt smell something even if it has not been there for days.

Caught between a rock and a hard place with no where to go but down. Get a good lawyer man, you will need one.
 
I do have a lawyer that I'm meeting with this Friday. He should be able to to tell me what my options are at this point. If I thought that it would really make a difference I'd walk into that courtroom and give my speech that I give to everyone else who thinks that pot is more harmful than alcohol & tobacco. But judges think they know everything and that the government is infalible. It really hasn't seemed like that to me over the past few years with Bush lying to go to war in Iraq. And not sending help to New Orleans when they needed it or ignoring the fact that we were to be victims of a terrorist attack on 9/11. But when it comes to drugs they seem to get away with being wrong. I mean have you seen the new anti pot commercials? I don't know anyone who'd be running when they're high. That sounds stupid as hell to me, to even think that they thought of that. I'm pretty sure that any dumb high school kid would stick their hand in their mouth whether or not they're high, because that's what guys do when they get dared to do stuff. Everybody knows that. It's amazing that this has become the drug scourge of the year. Even with methamphetamine running rampant in every neighborhood in America. But every time they go back to pot because people are becoming smart and realizing that pot isn't dangerous. Pot isn't harmful to America and I think it would benefit America a great deal.
 
good luck man, hope you have a good lawyer and patience as the court system can be a pain in the ass
 
The lawyer I have is supposed to be really good. He usually takes cases larger than mine, but apparently when my cousin got arrested across the river for DUI I believe he helped her out quite a bit. But of course that's in Iowa not Illinois. I can't wait to move to a liberal state or for the US government to get their shit straight. I'm really beginning to think that a majority of US citizens are starting to realize that pot isn't that harmful. That's probably why they're putting out all these reefer madness commercials. Even though lying to people never works. The alcohol and tobacco commercials actually work, but the pot commercials really haven't. But of course our goverment will spend our money as frivolously as they please.
 
UPDATE

Been to court, got a different lawyer than before. He does DUI cases for cops who get drunk across the river in IA. He also took my friend's case, a kid selling coke that got caught selling it to the MEG unit at the park in a town 20 miles from here. He was supposed to get 6 years in prison but from what I've heard he'll be heading to boot camp with the kid that rolled over on him. Class X or Class 1 felony, can't really tell for sure from the paper to the court records online. But it was in a school zone, so stiff penalty.

Anyways, I go back to court on June 30 to find out what they want to try to do. I went to the pre-trial conference and my lawyer has me waiving jury trial and is hopefully going to put in a motion to suppress evidence. So if that works then maybe I'll get this shit dismissed. Here's hoping!!! :headbanger:
 
I'm only being charged with possession, he also issued me a seatbelt violation, even though I don't really think that he could tell in the dark if I were wearing a seat belt or not. I drive a 94 Buick Lesabre and he was in one of the newer Crown Vics. They're about the same height and my seatbelt doesn't even run that high up.
 
Test for THC? Do you mean in me or the substance? I'm pretty sure they had it analyzed after I was arrested. No they didn't use a dog at all. He just said he smelled it and had me go to the back of my car and started digging through my pockets. Yes I do have a witness, my g/f was riding in the car with me and we both hadn't put our belts on because usually it's not a big problem. I mean around here everyone does 5 over and I've never seen someone pulled over for a seatbelt along, but of course that was across the river. Funny thing is we've probably had cops out to our place I don't know how many times because of some friends we had staying with us and they've always been very nice. I had been drinking that day too, but the officer had no idea, but he could sure smell that weed, not the alcohol that was still on my breath.
 
cops CANT do whatever they want, and from experience they like to pullover younger kids driving late at night, hoping they're drunk or have been burning some weed. Cops tried to get me the other night..i was high from before but didnt smoke in my car, he came up license registration blah blaH(i always throw on my seatbelt quick if i'm pulled over). So know what i said when i gave it to him i said "you mind telling me the reason i'm being pulled over?" i had that pig studdering he didn't know what for, came n said one of my brake lights were out........they weren't. I caught this guy in the beginning of our town and his when i crossed in from the beginning he sat n watched us go in and then followed us trying to be slick....we saw him there for 5 mins following behind with every turn, i was really just about to pullover somewhere cuz i knew he was eventually gonna do it so i was gonna do it first...stupid pigs...trying to catch me ridin' dirty. Good luck with your situation though.
 

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