being charged for possession of smoking utensil

[chipotle]

Police are this...Police are that...ya ya ya . Police don't make the laws. Police go to work and may be dead at the end of the day. I worry about what to have for lunch. Some priests molest boys bottoms. Some priests do incredible work with people many of us would turn away from. Customs officers have siezed little packets of dope seeds you paid cash for. Customs officers have been a welcome sight on returning home after many an overseas trip to a wierd country. Customs officers in another country straight out told me I'd have to bribe them to get out, and all I did was lose my embarkation form.

There are good and bad in all corners of our world and the balance is constantly shifting.

[FUCKOFFWANKERS]

are you saying that your a pig or you molester little boys bums? :angry:

[syk613]

The other day I was picked up by a cop and had 7 g in the centre console, the cops were right behind me so I did not bother trying to stash it any better. They had me on a mobile radar gun going in the opposite direction at 80 in a 60 zone (not really like me however I sometime have a wayward lead foot and this time they got me)

However I made sure I got out of the car and approached the officer (hate him to smell the bud but i always do this anyway) acted dumb not knowing I was speeding and most importantly remorsefull I said sorry many times, also do not act nervous, although easier said than done, at one stage the cop left me and went to the front of the car to check the rego but I almost needed new under pants because I thought he would open the door and maybe take a look inside. But I only glanced at him from behind the car and did not arouse his attention too much, in the end I got a lesser speeding charge and because I think it is doudle demerits I may have saved my licence I would liked to have talked my way out of the ticket altogether but in retrospect I think I was lucky because the cops language always pointed towards one charge or another.

Whenever I've been searched either car or person the cops always give a reason for eg I was waiting for a friend at a place were lots of street dealing occurs and the cops walked up and said empty your pockets etc because this is a known dealers hangout also similar events in cars ie you lot fit the description of some offenders, Is this the cops declaring probable cause for a search?

Also when I was busted with a used bong with water in it (no dope it had spilt on the carpet of the car under the seat) I simply denied it said I found it the knew told me I was lying and o tell the truth but I wouldn't budge luckily the other people didn't rat me out because it was my car it was my bong, in the end he gave it back (probably to follow us and bust us smoking the rest of the mj because he came back 1hr later and took it, as well as turn the car over again in the end he wasn't a happy chappy.

:angry: Although maybe he couldn't be bothered with the paperwork.

 

I would highly recomend pipemans suggestions from these and many other close calls with cops keep your mouth shut and if your are in real trouble ask for a lawyer also personally i would suggest if you open your mouth act dumd ie I don't know and per haps even prepare answers for FAQ like who is your dealer or where did this come from it may help you protect someone you care about or even your plants if they believe the pot from that joint came from some street dealer you don't know Those kids in their rap gear all look the same (no offence to hip hop WTC4life)

Also I liked the idea of keepins a small odourless amount on my person but don't put it with you ID therefore NOT IN YOUR WALLET!!!!!!!!!!!!!!!!!!!!!

 

This is just my 2c take it or leave it but I would appreciate a reply to the Question on probable cause cheers

[pipeman]

I know in Qld cops do not need "probable cause" to search your car. They can do it whenever they want for no reason. I suspect its the same in other states.

[syk613]

@pipeman when they have searched a car youv'e been in do they ask or tell you they are going to search it and did they give you a reason? I (NSW)have always been given a reason the same as a search of my pockets etc althugh new Knife laws may have changed this situation for personal searches

[pipeman]

dunno mate. I'm in Qld. Couple times when I been pulled over for speeding I've had them do a quick search, look under seats, in centre console and in glovebox. They didn't say nothing to me, they just did it. Nothing to find but so I didn't care.

[syk613]

It would be interesting to know what the Legislative powers police have for searches in the different states, I have seen a post in relation to house warrants but I would like to know because I would be pissed if the filth busted me with a joint that led them to my stash when they didn't have the right to search me in first place although a good lawyer may get me off I do not need the hassle. Maybe this should be started as anew tread by someone who has actual legal training rather than myself who Knows nothing except what I have experienced in my meagher dealings with them

[syk613]

In reply to the original question regarding implement possession, it seems pipeman's mate was right in regards to the law in NSW (do not know about QLD) they need to show that you intended to use the implement not that it has been used, it could have a gram of resin and half burnt pot in the stem but it seems prior use is not taken into account and there is precedent in NSW for this situation Erikson v Pittard 1976.

 

The cops must prove three things as with possession: knowledge and custody and control. This info comes from THE LAW HANDBOOK NSW edition (I think I did not photocopy the cover (stupid), but I found it in my local library as a kit released by the Law society so any local library should have a similar kit depending on your state. Perhaps the laws are the same in NSW and QLD pipeman regarding implement possession but it looks like ,at least in NSW, they do have to "reasonably suspect" you possess a drug before they search your car or person and you if you are searched you should say you no and make sure they note it down so they can't change there statement and say you complied but if they insist do not resist or you may be charged for resisting or hindering police but at the same time don't help them and don't change your mind if they insist simply do not resist ie let them search you without your permission or assistance, what this means in practical terms I'm not sure but this is the recommended course of action by the book cited above

 

There is a lot of very important info in this book for anybody who wants to know their rights and the possible consequences (like loosing your house: confiscating proceeds of crime act etc) of mj convictions or even suspision of mj. I just wish I had the whole reference so others could look it up if ppl are interested I could ring the library and get the full reference . but it should be easily found at your library and if anybody has any particular Question regarding mj laws in NSW maybe start a new tread and any info I have I will post in response, but it is probably better to go out and get it yourself rather than read my 1/2 stoned interpretation that is probably completely wrong. also if ppl are interested I could ring the library and get the full reference. Cheers and Stay Free (reference to the clash song not the tampons)

Edited October 3, 2003 by syk613

[white_cluster]

once this pig put his hand in my arse crack, I shoulda sued that motherfucker, but I felt lucky enough to get away with socks full of pot, crushed my ciggies too.

 

for some reason only searched the passenger side of the car, musta been looking to just do me in, had a bong under the drivers seat.

 

nazi fag cop.