Painting of marijuana in U-Haul van prompts drug arrest in Kingsport
A routine traffic stop on Wednesday led to the discovery of drugs after police noticed a painting of marijuana plants in the vehicle.According to an incident report from Kingsport (Tennessee) Police, a U-Haul van was stopped at mile marker 59 of Interstate 81. It was traveling 75 mph in a 65 mph zone.
While speaking with the driver, Michael Knopf, 36, of Asheville, N.C., police noticed he was nervous and visibly shaking. While Knopf explained that he had no paperwork for the U-Haul van, police saw a painting of marijuana plants in the back. Fluorescent lighting — the type typically used for growing marijuana — was also visible.
Upon receiving consent to search the vehicle, police discovered digital scaled covered in plant residue, and a grinder and paper bag containing what is believed to be marijuana. A glass pipe and nine photos of marijuana grows, some with Knopf also pictured, were also discovered.
Knopf was arrested and charged with possession of more than an ounce of marijuana for resale and possession of drug paraphernalia.
OK, so now just having pictures of marijuana is probable cause? Having perfectly legal flourescent lighting is now probable cause?
No. Read it again. ”Upon receiving consent to search the vehicle…”
How many times do I have to tell you people that you do not have to consent to a police request to search your vehicle!
If the police are asking you for permission to search, it means they do not have the probable cause to start searching! And certainly your choice of artwork and lighting is not a probable cause to believe you are committing a crime.
Nothing good can happen by allowing them to search when you know you have contraband in your vehicle. Police are not your friends and they won’t “go easy on you” if you let them search. If they find marijuana, you will go to jail; it’s that simple.
So they threaten to get the K-9 unit. Will you be more busted, more punished, more arrested if they do that? No. And if they threaten that, you say, “Officer, am I being officially detained or am I free to go?”. If they say yes, because they’ve got to wait for the dog, you’ve just given your NORML Legal Committee defense attorney another weapon in your defense.
See, if you refuse a search, two things can happen. One is good: they let you go on your way.
But if they detain you, then they have to prove to a judge they have probable cause enough to get a warrant. That’s a big pain in the ass and opens up the door to official paperwork and procedures and if the police mess up on any part of it, your attorney can file a “motion to suppress” any evidence they found, and if successful, you get to go on your way. (You will have a lawyer bill, unless you’re indigent and get a public defender. So what; it’s a lot less painful than jail.)
Even if they do get probable cause and a warrant and dot every i and cross every t and prosecute you perfectly, you will be in no worse shape than if you had just let them search your car in the first place.
Give your lawyer a chance. Observe your right to remain silent. Refuse to consent to a search. Learn more here and here.
(Oh, and don’t speed when you’re carrying weed! Duh!)
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