What should I do if I get pulled over with weed in the car? The question of “what to do if you get pulled over with weed” is indeed a very good one, and is one that could result in dramatically different “legal outcomes,” depending on how you play your cards. Your attitude, responses, and actions all affect the outcome of your potential case in court.
Sugar Land, TX criminal defense attorney, Shawn McDonald of SMB Criminal Defense Lawyers, shares what you do if you have weed in the car.
- Be respectful. Things can go terribly wrong if you don’t have respect for law enforcement. For example, don’t be rummaging for your license and registration when the officer walks up. Keep your hands on the wheel. Be kind and nice. Don’t argue with an officer or curse at them. If you end up going to trial, a jury or judge is going to know about your attitude and your less likely to receive restitution.
- Refuse consent. If they ask for consent, always refuse. Decline respectfully by saying, “Look I know you are trying to do your job, but my attorney advised me to not let you search my car. If you are going to search, I will cooperate, but I can’t give you consent.” Remember to explain that you aren’t trying to be disrespectful, you are just following the guidance from your attorney. In fact, without probable cause, the police are not permitted to search your vehicle.
Keep in mind that audio and visual proof of your behavior will be available during a court proceeding. So, what should I do if I get pulled over with weed in the car? Do you want a jury to witness you cursing out a member of law enforcement? Do you want a jury to hear you arguing with the men and women in blue? No. You need the jury to like you to improve your chances of leniency.
Kill them with kindness and refuse consent!
Video Transcript:
Interviewer: “Ok, so, to end this. To end this discussion as far as marijuana goes, what should somebody do in possession and they’re puled over by a police officer?”
Shawn McDonald: “First and foremost, be respectful.”
Interviewer: “Ok.”
Shawn McDonald: “You know I… we see a lot of individuals who just do not have any respect for law enforcement and it typically goes terribly wrong when that happens. So first and foremost, be respectful. Make sure your hands are visible. I am an advocate of when officers walk up… I don’t believe officers like you digging for your license and your insurance as their walking up. I think they want to make sure that you are not digging for anything, your hands are on the wheel. If they ask for consent, always refuse. Always refuse consent. Do not ever allow law enforcement… and be respectful. Say, ‘Look, you know, I understand you are trying to do your job. My attorneys advised me not to allow you to search my vehicle. If you are going to search it, I am going to cooperate. I am sorry I can’t give you consent, but I am just relying on the advice of my attorney. And I hope I am not… you do not feel I am being disrespectful.’ Be kind. Be nice. You know, because at some point a jury, if we go to trial, is going to see your attitude. And if you want a jury to find you not guilty, they want to… they need to like you. You need to be a ‘nice guy.’ If you are a total jerk and cussing officers out nobody in that jury is going to be rooting for you. So be nice, be respectful. Understand law enforcement is trying to do their job and what law enforcement asks you to do, you cooperate absent letting him search your car with consent.”
Interviewer 2: “And so most of these cases or these instances that if you do get caught, you do get locked up, you go to jail, you have to fight it in court, there’s always going to be video and audio provided that is going to help your defense or go against you.”
Shawn McDonald: “Vast majority of times. I mean, we see some malfunctions, but…”
Interviewer 2: “Other than the malfunctions…”
Shawn McDonald: “By large part…”
Interviewer 2: “Audio and video is going to be there.”
Shawn McDonald: “Every single agency has it now.”
Interviewer 2: “So ‘kill them with kindness,’ politely decline, and you’ll get to use that footage to also help back you in court.”
Shawn McDonald: “Absolutely, I mean…”
Interviewer 2: “Which could play into your favor.”
Shawn McDonald: “You are not going to win that fight on the scene. Never are you going to win the fight by being an ******* to law enforcement. You’re just not.”
Interviewer: “Sure.”
Shawn McDonald: “They are not going to be like ‘Oh, you’re a jerk. I’m going to let you go.'”
Interviewer 2: “Yeah, I mean that’s common sense.”
Shawn McDonald: “Right, so be polite. Be kind. They are trying to do a job. They are not out to get you, you know. And cooperate the best you can without giving consent.”
Disclaimer
*This blog post, “What should I do if I get pulled over with weed in the car?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.