i guess it was only a matter of time...

[Suislide]

so it finally happened. last night, i got booked for possession.

i was driving my friend Kris home. we had just finished smoking up and watching a movie at my friend Michelle's house. it was about 1:10am, and we were driving through downtown Brampton (apparently Canada's 10th biggest city). we saw lots of cops that night but didn't really think anything of it. i was driving completely normally, completely legally, when we passed by a cop on the other side of the road, who had pulled someone else over. he had just finished up and as we passed, he turned off his lights, pulled a u-turn and followed us. as we stopped at a light in the right lane, he stopped in the left. just past the intersection there was a car parked in my lane. as the light turned green, the cop let me go in front, at which point i said to Kris "that's not a good sign". sure enough 5 minutes later, literally in front of kris' house, the cherries came on and he pulled us over. i didn't do a thing illegal, i was watching my speed the entire time and was actually going 5 under the limit.

he came to the window and asked the regular questions ie have we had anything to drink etc.

then he said "alright guys, who has the weed? i can smell it, so either you cough it up or i search you guys and find it anyways."

stupidly, i surrendered it. it was only about a dime and a half. he took me out of the car, searched me, and charged me with possession of a controlled substance. i have a court date december 22nd. if i plead guilty, i receive community service hours. Kris also got charged and almost got us both arrested because he told the cop he didn't have any. the cop only found it when he searched Kris and wasn't too happy about him lying. they tore apart my car searching for more, and then finally let us go.

now i was just wondering if anyone here knew anything about Canadian law at all, because i am confused about a few things.

1.) someone told me that you cannot be pulled over without reasonable grounds, and the officer must communicate these reasons to you when he pulls you over. i was never told why i was pulled over, nor did i see any reasonable grounds for it (like i said, i was driving completely normally). would this be worth bringing up in court?

2.) i am being told my multiple people that you cannot be charged for quantities as small as i was carrying, 1.5 grams. is this true?

3.) i am very uncertain about rights and laws when it comes to searching. i guess i kind of fucked myself by showing him the weed before he searched me, which gives him grounds to do the search, but can he really threaten to search me when he has no proof and/or warrant? this doesn't really matter anymore because, like i said, i stupidly surrendered it right away. but i was just curious.

any help would be appreciated guys. this is my first time going to court, my first time with a criminal record, and people have been telling me that if i have a criminal record i can't leave the country...and my family goes on trips fairly often. my family does not even know that i smoke weed, let alone know about the fact that i got charged. if they find out, i am literally as good as dead. i will probably be kicked out of my house. so i am extremely worried about what's going to happen the next time we try and travel.

anyone who could give me any guidance or at least point me somewhere where i could get some, it would be SO appreciated. i absolutely cannot afford a lawyer unless i ask my parents to help pay and that's obviousley not an option so i need all the help i can get.

PS if you're just going to judge me and scold me in your reply, FUCK OFF and don't even bother. i've had enough people today who've told me they were "disappointed" or whatever. i do what i do, i realize the risk, and now i'm paying for it. fuck off if all you want to do is judge me, i don't need it.

[lamehonda]

You must feel pretty bad right now. It doesn't help you now, but I don't think he would have actually been legally able to search you and your car if you would have denied. They say these things to get you to give yourself up. Needless to say, it works pretty well. Dunno if smelling the drugs while following gives him the right to search your car or not. It might. I know that in the US, if a dog detects drugs it is ok for them to search.

I would really question if you want to continue using. If you get busted again, I am sure that the consequences will be much greater.

[-Jayson-]

well heres in the states what he did was perfectly legal.

Driving under the speed limit gives probable cause. Its suspicious driving. If a police officer smells marijuana in the car or on the passengers he has probable cause to search the car. And a full search.

Thats why i never smoke when im driving with weed on me. Thats just asking for trouble. And when i do have to drive with weed i stick it in the gas door. I mean comeon, have you ever seen a cop opne the gas door to look for drugs?

[Toksin]

Alright bro, first up. PLEAD NOT GUILTY. Remember you've got some funky decriminilisation laws in Canada as well. Go find a lawyer, just hit up the yellow pages, there are definately some that can help you.

Give NORML a call as well, if there is a chapter in Canada. They'll help out as well.

As for searching you - surrendering it to him was the best option, otherwise he could come down on you for hiding it as well. The fact that you gave it up straight away will count for you in court. And for pulling you over...well you can smell weed a mile away, maybe the cop just got lucky?

1.5 grams is sweet fuck all though, wtf?

With a criminal record, you should be able to leave the country (though I doubt something like this would be a permanent sting). It's just the US doesn't like letting people in with drug convictions.


www.normlcanada.org

[Suislide]

you don't seem to understand the situation i am in.

i cannot plead not guilty, because i cannot afford a lawyer. plain and simple. not even payments. i am already in debt.

i cannot ask my parents for money to pay for a lawyer. they don't even know i smoked weed, let alone that i got charged. if they find out about this, they will tell me i am on my own and might even kick me out of the house. in fact i'm pretty certain they would. my dad tells me every day that if i get caught with beer in the trunk, that i'm on my own to deal with it (even though i'm pretty sure it's legal to have sealed containers in the trunk of your car, where the driver can't access them. he swears it's not). i can see weed being alot worse.

do you see where i stand now?

i am fucked...

PS i was not smoking in nor anywhere near my car. the car i am currently driving is my dad's car, i am in between vehicles at the moment. if i smoked in his car, he would smell it, and i would get in major shit (see above about how i can't ask them for money). i smoked before driving, in fact HOURS before driving, that night. the smell that was on me couldn't have been that strong but i guess it was on my clothes so it was strong enough for him to smell it once he was at the window of the car.

[Toksin]

Like I said, talk to NORML.

[lamehonda]

Just tell your parents. They WILL find out eventually and will be more pissed at you than if you would have told them anyway. This will hang over your head forever and it just ain't worth it.

You don't have to do what I say though. I suck.

[ac427cpe]

Originally Posted by -Jayson-

well heres in the states what he did was perfectly legal.

Driving under the speed limit gives probable cause. Its suspicious driving. If a police officer smells marijuana in the car or on the passengers he has probable cause to search the car. And a full search.

This is true if the officer uses it in court. But, if he says you were pulled over for something else, with no proof/paperwork you might have a chance to fight it. I'd see the best bet as finding out if your 1.5g even counts. If it doesn't, and the only thing the officer can call you on is the smell, just say that one of your friends was smoking... the smell just lingered on your clothing as well from your proximity.

Did you get cited for just posession, or was it a DUI as well?

[YogsVR4]

Sounds like you'll need to fess up to your folks before the court date hits. Arraignments are often published in the papers so word will get out. I don't know about Canada, but if you plead not guilty in the states and the case is headed for a trial, a lawyer will get appointed.

When you break the law, you’re taking your chances and this time you guys happened to be caught. If the charge is a misdemeanor, just take the fine and the community service.

[fredjacksonsan]

Canadian law is likely different than US. But you did surrender it to him voluntarily, and the most you'll get is community service if you plead guilty. I'd find out if the community service/etc will be on your record in that case.

Just to analyze a bit, what happens if you plead not guilty? The cop will have his evidence, maybe even video, that you got pulled over and surrendered marijane from your own pocket to him. How can you beat that?

[vinnym86]

several of my buddies got busted for posession. best thing is to just take it up the ass and do some community service. talk to a lawyer, there may be ways to even erase this from your record entirely. (im from New York, though, don't know a thing about canadian law.)

[HighOctaneNOSUser]

Just take the fine. Being from Canada I'd say that our justice system is pretty well fucked. Just take the simple way out and do your c-service. Most likely you'll just be shoveling snow or working for a charity organization making turkey-baskets for christmas.

[jabby_jabby]

"1.) someone told me that you cannot be pulled over without reasonable grounds, and the officer must communicate these reasons to you when he pulls you over. i was never told why i was pulled over, nor did i see any reasonable grounds for it (like i said, i was driving completely normally). would this be worth bringing up in court?"

No, it's not worth bringing up in court. Cops can pull you for whatever reason they choose. Theyll make something up if they have to.

"2.) i am being told my multiple people that you cannot be charged for quantities as small as i was carrying, 1.5 grams. is this true?"

In canada, you can be charged for ANY amount because it is still a controlled substance. But remember that it is not a criminal charge, not for that amount. So youll get a ticket, but not jail time. If you were in the states, theyd book you until your court date.

"3.) i am very uncertain about rights and laws when it comes to searching. i guess i kind of fucked myself by showing him the weed before he searched me, which gives him grounds to do the search, but can he really threaten to search me when he has no proof and/or warrant? this doesn't really matter anymore because, like i said, i stupidly surrendered it right away. but i was just curious."

The easiest thing for you to have done is let them search your car. otherwise he would have had it towed, impounded, then searched and that would have been more trouble than it was worth. you did the right thing.

and relax dude, dont sweat it. plead guilty, because itll be hard for you to get out of you turning over the pot to the cop. if its your first offense, tell them youve learned your lesson, pay the find or offer community service, and get on with your life. if youre over 18, you can try hiding it from your parents, its unlikely theyll find out unless you let it slip. if youre under 18, just tell them. unless theyre bible thumpers, youd be surprised at how lax they are about pot. chances are they have smoked it at some point in their lives, both my folks have.

good luck bro

[Suislide]

i sent an e-mail to NORML outlining my situation.

one of the members responded saying it sounded like an illegal search, and has forwarded my e-mail on to a toronto-based marijuana issues lawyer.

one of the executive-directors of NORML has also forwarded my e-mail onto their legal experts and said he would get back to me in a day or two with results.

i'll keep you guys updated.

[Toksin]

told ya they'd help