Will this go on my friends record?

Smoblikat

Diamond Member
Nov 19, 2011
5,184
107
106
So my friend was driving a wee bit too fast and got pulled over, the cop searched his car and found a couple G of marijuana. Since it was under an ounce and he was in MA he was issued a civil infraction and had to pay a 100$ fine to the county he was acught in. So he paid the fine, and called the town clerk of the town to confirm that they had recieved the check. She said that they have the check and will process it within a week. It has been a couple of weeks and my friend doesnt see the money taken out of his account still. I am wondering if the infraction will go on my criminal record.
 

IndyColtsFan

Lifer
Sep 22, 2007
33,655
688
126
So my friend was driving a wee bit too fast and got pulled over, the cop searched his car and found a couple G of marijuana. Since it was under an ounce and he was in MA he was issued a civil infraction and had to pay a 100$ fine to the county he was acught in. So he paid the fine, and called the town clerk of the town to confirm that they had recieved the check. She said that they have the check and will process it within a week. It has been a couple of weeks and my friend doesnt see the money taken out of his account still. I am wondering if the infraction will go on my criminal record.

Oops! Slip of the tongue? :D
 

disappoint

Lifer
Dec 7, 2009
10,132
382
126
images


Whoa, you don't have to consent? DUDE!
 

disappoint

Lifer
Dec 7, 2009
10,132
382
126
So I was driving a wee bit too fast and got pulled over, the cop searched my car and found a couple G of marijuana. Since it was under an ounce and I was in MA I was issued a civil infraction and had to pay a 100$ fine to the county I was caught in. So I paid the fine, and called the town clerk of the town to confirm that they had recieved the check. She said that they have the check and will process it within a week. It has been a couple of weeks and I don't see the money taken out of my account still. I am wondering if the infraction will go on my criminal record.

FTFY
 

Markbnj

Elite Member <br>Moderator Emeritus
Moderator
Sep 16, 2005
15,682
14
81
www.markbetz.net
images


Whoa, you don't have to consent? DUDE!

Cop may have felt he had probable cause. Even if he didn't, now that he found the, um, friend's weed, he'll say he smelled it while talking to the driver about the speeding infraction. Pretty hard to prove otherwise.

OP, if this is actually a civil infraction in Mass., then no, it's not going on... your friend's criminal record. That's the difference between civil and criminal :).
 

Smoblikat

Diamond Member
Nov 19, 2011
5,184
107
106
Oops! Slip of the tongue? :D

Ehem..........

Thanks guys, my friend is most likely going to be moving from a contracted position to a full time position at his company and didnt need any BS on his record :D

Cop may have felt he had probable cause. Even if he didn't, now that he found the, um, friend's weed, he'll say he smelled it while talking to the driver about the speeding infraction. Pretty hard to prove otherwise.

OP, if this is actually a civil infraction in Mass., then no, it's not going on... your friend's criminal record. That's the difference between civil and criminal :).

Exactly, my friend refused search, then he called in the dog and they found my friends bud. Its a shame too, it was some NICE blue dream...........or so im told. I wouldnt even know how to use a drug as dangerous as marijuana :p
 

phucheneh

Diamond Member
Jun 30, 2012
7,306
5
0
Ehem..........

Thanks guys, my friend is most likely going to be moving from a contracted position to a full time position at his company and didnt need any BS on his record :D



Exactly, my friend refused search, then he called in the dog and they found my friends bud. Its a shame too, it was some NICE blue dream...........or so im told. I wouldnt even know how to use a drug as dangerous as marijuana :p

I'm pretty sure it's illegal to detain you for no reason while they bring in a dog to try and obtain probable cause? Or am I crazy and/or is our legal system actually that fucked up?
 

dud

Diamond Member
Feb 18, 2001
7,635
73
91
Ehem..........

Thanks guys, my friend is most likely going to be moving from a contracted position to a full time position at his company and didnt need any BS on his record :D



Exactly, my friend refused search, then he called in the dog and they found my friends bud. Its a shame too, it was some NICE blue dream...........or so im told. I wouldnt even know how to use a drug as dangerous as marijuana :p


Smart move. If you don't want any BS on your "friends" record then don't risk doing something illegal. Imagine what will happen the next you (I really meant your "friend") gets pulled over with more than a G. Say goodby to that position.

Your "friends" parents must be very proud of you, I really meant him.
 

OCGuy

Lifer
Jul 12, 2000
27,224
37
91
I'm pretty sure it's illegal to detain you for no reason while they bring in a dog to try and obtain probable cause? Or am I crazy and/or is our legal system actually that fucked up?

You have obviously never had any sort of run-in with police.

The BS that the e-attorneys on the internet will spout does not work in the real world.

Besides, an infraction is harmless.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
You have obviously never had any sort of run-in with police.

The BS that the e-attorneys on the internet will spout does not work in the real world.

Besides, an infraction is harmless.

If a cop wants to find a reason to detain you, he will. Normally you have given the cop a reason to be interested in you though.

Infractions are not harmless though. They show up on background checks. So if you are going for a job, you will have to disclose.
 

phucheneh

Diamond Member
Jun 30, 2012
7,306
5
0
You have obviously never had any sort of run-in with police.

The BS that the e-attorneys on the internet will spout does not work in the real world.

Besides, an infraction is harmless.

...and you obviously have no testicles.

I get really sick of the 'well, yeah, it's the law, but they're cops, what can you do?' type of sniveling vagina arguments.

I just asked a question. I'm figuring you're essentially saying that, yes, it is not within their rights to detain you for no reason while simply waiting for probably cause for a search to arise.

Yes, fighting for your rights does work in the real world; it's just hard to prove because no one ever wants to do it.

In that situation, I would not give the police access to my car. Period. They would have to break into it in order to conduct their illegal search. I would spent my time in jail, then subpoena all evidence of the incident, get their charges thrown out and proceed to sue their dicks off in civil court.

But hey, go cower in the corner instead, if that's what works for you.
 

OCGuy

Lifer
Jul 12, 2000
27,224
37
91
...and you obviously have no testicles.

I get really sick of the 'well, yeah, it's the law, but they're cops, what can you do?' type of sniveling vagina arguments.

I just asked a question. I'm figuring you're essentially saying that, yes, it is not within their rights to detain you for no reason while simply waiting for probably cause for a search to arise.

Yes, fighting for your rights does work in the real world; it's just hard to prove because no one ever wants to do it.

In that situation, I would not give the police access to my car. Period. They would have to break into it in order to conduct their illegal search. I would spent my time in jail, then subpoena all evidence of the incident, get their charges thrown out and proceed to sue their dicks off in civil court.

But hey, go cower in the corner instead, if that's what works for you.


blah

Your lack of real-world knowledge vs. what a SCOTUS ruling or what a handbook says is severely lacking.

But please, continue on thinking you can "one up" a police officer unless you yourself have a video/audio stream for protection.

Ah, to be young and naive...
 
Last edited:

OverVolt

Lifer
Aug 31, 2002
14,278
89
91
AFAIK cops can detain you for up to 24-hours without any reason whatsoever, probably while you whine alot about your rights. Next Question.
 

mnewsham

Lifer
Oct 2, 2010
14,539
428
136
I'm pretty sure it's illegal to detain you for no reason while they bring in a dog to try and obtain probable cause? Or am I crazy and/or is our legal system actually that fucked up?

They can't detain you for the sole reason of waiting for a drug sniffing dog, however if they are doing something else (checking past criminal record or writing up a ticket) and the dog shows up before you are allowed to go then the dog can be used to sniff around.
Basically if you ask to leave and they have no reason to keep you and you have denied search you can go and hope to hell there are no dog units nearby ;)
 

mnewsham

Lifer
Oct 2, 2010
14,539
428
136
AFAIK cops can detain you for up to 24-hours without any reason whatsoever, probably while you whine alot about your rights. Next Question.

They can, but if they don't find anything they will get in a heap of trouble.
 

bononos

Diamond Member
Aug 21, 2011
3,939
190
106
They can, but if they don't find anything they will get in a heap of trouble.
I'm not a lawyer but they won't get into any trouble atall if they have 'probable cause' to detain someone - thats what I got from cop dramas.
 

lxskllr

No Lifer
Nov 30, 2004
60,346
10,748
126
...and you obviously have no testicles.

I get really sick of the 'well, yeah, it's the law, but they're cops, what can you do?' type of sniveling vagina arguments.

I just asked a question. I'm figuring you're essentially saying that, yes, it is not within their rights to detain you for no reason while simply waiting for probably cause for a search to arise.

Yes, fighting for your rights does work in the real world; it's just hard to prove because no one ever wants to do it.

In that situation, I would not give the police access to my car. Period. They would have to break into it in order to conduct their illegal search. I would spent my time in jail, then subpoena all evidence of the incident, get their charges thrown out and proceed to sue their dicks off in civil court.

But hey, go cower in the corner instead, if that's what works for you.

Here's a legal analysis of 99 Problems. You should find it interesting...

http://slu.edu/Documents/law/Law Journal/Archives/LJ56-2_Mason_Article.pdf
 

boomhower

Diamond Member
Sep 13, 2007
7,228
19
81
Civil fine so no criminal record. That said, a proper background investigation will likely find it.

You can't be detained just to wait for the dog with nothing else to go along with it. However if you have substantiating factors that lead you to believe there are drugs in the car you can be detained for a reasonable amount of time. Now exactly what is reasonable is up for debate but generally though of as twenty minutes around here.
 

hans007

Lifer
Feb 1, 2000
20,212
18
81
Smart move. If you don't want any BS on your "friends" record then don't risk doing something illegal. Imagine what will happen the next you (I really meant your "friend") gets pulled over with more than a G. Say goodby to that position.

Your "friends" parents must be very proud of you, I really meant him.

another one of you self righteous message board ass hats. i mean the guy made a mistake , i'm sure you feel great sitting in your basement jerking off to how good a ned flanders wannabe you are.

i don't really fault the OP or his friend or whatever from being searched. i've been illegally searched a couple times. and in the end it was either get illegally searched (for the nothing we had on us) or deal with more bullshit and be detained longer.

once i was coming back from a bar (i was definitely drunk) with my cousin and he was driving. my cousin is somewhat of a dumbass and drives a lowered civic with clear taillights , or at least did at the time. that said he was sober and we were going the speed limit and tried to see if we were drunk. anyway they made us get out of the car and had him open the trunk, patted us down etc. now he didnt have to open the trunk but the racist ass cops in the town i grew up in would just have ticketed him for something stupid like his taillights being the wrong color etc so he just consented to it, having seen them do that in the past.