In April I was stopped at a road block and was asked to hand over my weed. I had about 2 grams and paraphernalia. I went to court may 26th and was sentenced 1 year of conditional discharge and 3 drug class once a week for 3 weeks and 3 quarterly drug tests throughout the year. I finished my classes and passed my first drug test that was in July, but I'm fairly certain I may fail this next test. What are the consequences? I live in South Carolina

Hello dj:

You should have plead not guilty. The stop and/or search was ILLEGAL. You shouldn't have handed over your weed. Finally, if you know they're going to drug test you, you shouldn't get stoned.

I don't know what'll happen. Maybe they'll just extend your probation.. I can't believe they'd put you in jail for POT. Yes, I know it's South Carolina... Still, some humans are left, no?

excon

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Originally Posted by excon

Hello dj:

You shoulda plead not guilty. The stop and/or search was ILLEGAL. You shouldn't have handed over your weed. Finally, if you know they're gonna drug test you, you shouldn't get stoned.

I dunno what'll happen. Maybe they'll just extend your probation.. I can't believe they'd put you in jail for POT. Yes, I know it's South Carolina... Still, some humans are left, no?

excon

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What makes.the stop illegal, would it be illegal if I told you they smelt alcohol and I had to take a field sobriety test which I ppassed. But while taking the test they interrogated my.gf and threatened to take us to jail if they had to search us and find pot. So she gave it.to them to avoid that

Hello again, d:

A cop needs probable cause to pull you over. Therefore, road blocks that target EVERYBODY are illegal. Anything recovered by an illegal stop can NOT be used as evidence against you in a court of law.

You OR your girlfriend are NOT required to speak to the cops OR respond to their threats in any way.. They, on the other hand, are allowed to LIE to you.

excon

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Originally Posted by excon

Hello again, d:

A cop needs probable cause to pull you over. Therefore, road blocks that target EVERYBODY are illegal. uAnything recovered by an illegal stop can NOT be used as evidence against you in a court of law.

You OR your girlfriend are NOT required to speak to the cops OR respond to their threats in any way.. They, on the other hand, are allowed to LIE to you.

excon

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Is it too late to bring this to the attention of the court? And you have any sources to prove what you stated valid?

Hello again, d:

Yes, it's too late, and all I got is the Constitution.. There have been 1,000's of books written on search and seizure, but I gave you the readers digest version. Read the Fourth Amendment. Never mind, it's short. I can post it for you.

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The right of the people to be secure in their persons, houses, papers, 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.

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Excon

Quote:

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Originally Posted by excon

Hello again, d:

Yes, it's too late, and all I got is the Constitution.. There have been 1,000's of books written on search and seizure, but I gave you the readers digest version. Read the Fourth Amendment. Never mind, it's short. I can post it for you.



excon

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Isn't the loophole there that the faint smell of pot could be probable cause. And who am I to tell him he does or does not smell pot?

Hello again, d:

Couple things.. The stop itself is illegal.. Therefore, NOTHING that comes forth from that stop CAN be used in court...

The next thing is you DON'T argue with the cops. You say NOTHING. They're going to do what they're going to do, and YOU mouthing off to them is going to get you hurt. DO what they say. KEEP your mouth shut..

The time to discuss the actions of the cops is IN COURT. You did NONE of that. You were your own worst enemy. It HELPS if you know your rights.. That's what they're for.

excon