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Searched & arrested

Even if you DO get this charge dropped (I doubt it though), you still will have difficulty with crossing border because it will remain on your record for 2 years even if they drop it. Anytime someone is charged under the CCC, it remains on their criminal record, even if the charges are later dropped, or reduced, for 2 years from that day. Question this with your local RCMP if you doubt what I am saying (I learned this personally).

Is this isolated only to crossing the boarder by land? Or does it affect my flights to the US as well?

As for your other question, YES if the officer said he could smell the cannabis, then that DOES form "reasonable grounds" for him to conduct the search, and what he found IS admissible as evidence. This doesn't matter though, because the minute you told him you had it, that gave him the right to search and seize it. Get a lawyer my friend, because you VERY much need one.

Thanks for the answer.
 
Is this isolated only to crossing the boarder by land? Or does it affect my flights to the US as well?



Thanks for the answer.

Yes it will effect all aspects of entering the United States. You CAN still go to some other countries, but the US has become VERY difficult since Sept 11, and anything drug or violence related will surely get you excluded. Your best option is to get these charges either dismissed, reduced to something non-criminal (not likely), or to hopefully utilize some form of "alternative measures" (this is a def possibility if you change (or at least fake) a different attitude with respect to why/how you got these charges to begin with.
 
By the way, as far as crossing the border, you were screwed when they arrested you. That's on the record now regardless of outcome and is grounds for exclusion to entering the US.

Finally a poster that knows WTF he's posting.

I left for Atlantic City (driving) one day after I took a pinch for 2 joints.
I got to the boarder, handed Mr Customs Man my ID, and was directed instantly to secondary, as they already had my info.
Two hours and 45 minutes later, after being asked repeatedly "what will we find if we bring out the dogs", I was allowed to travel.
I was in court during the time of "indecision", and was also granted a "no contest" upon making a $200 dontation, just as another poster here had to pay a $50 donation. I left court with a spotless record.
They don't play that game any more.
As far as the law(s) being in limbo, you'll be sentenced (if convicted) as the way the law was being adhered to THE DAY YOU GOT BUSTED.

As for the body search...........OP must have had a bag of preem if they could smell it. That gave them "probable cause" and it's totally legal to search you and the vehicle.
Only thing a lawyer can do is question where they got their drug sniffing training, which you can do yourself.

US boarders tightened the noose when Reagan was president.
He was the creator of "Zero Tolerance". The 9/11 event has nothing to do with it.(carrying drugs over the boarder).
 
It's true. Since the 80's, the US has put in place trafficking laws that are very strict, especailly for border crossing. If, at the border, ANY amount, even one joint, is found on you, you will be charged with trafficking.
 
I assure you I have FULL understanding of every part of what I said. The US DID tighten their requirements to enter after Sept 11. That included (amoung many other things), less "allowance for past criminal activity", and passport requirements for all land and air travel (if over 16). If you doubt ANY word that I said, please let me know which part, and I will address it.

The lawyer will not waste his time "questioning where the Police got their drug sniffing training", as that is irrelevant. Especially since he gave them PERMISSION to search him, and ADMITTED to having this on his person. Lets give him advice that helps him, and doesn't just waste his time and money.
 
I TOO can provide "specifics" for this. I go on motorcycle trips several times throughout the summer, and we USE to go with a friend who was convicted 5 years ago of simple possession (personal weed). He use to cross with us at several borders with no issues at all (once questioned heavily, but still allowed to cross after). NOW, he cannot cross with us, and simply does not come anymore. No questioning or searches will allow him to cross, and all he can do is get a Pardon, which as well does not grantee his ability to cross in future, because the United States does not honor our Pardons. Please call Canadian or American Border Crossing Service if you doubt this. We have spoken with at least 5 different borders (trying to find a way to get him to come with us), and all we managed to do was waste over 10 hours of our time.

To poster......The damage is already done my friend, now all you can do is mitigate your damage. That starts with getting off this charge (acquitted, or dismissed), and then simply waiting for it to be removed from record. There is a BIG difference between NOT being allowed across the boarder......and having to simply answer some questions before crossing. :)
 
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It's true. Since the 80's, the US has put in place trafficking laws that are very strict, especailly for border crossing. If, at the border, ANY amount, even one joint, is found on you, you will be charged with trafficking.

At the boarder, you would get charged with Importation, not Trafficing.
 
I TOO can provide "specifics" for this. I go on motorcycle trips several times throughout the summer, and we USE to go with a friend who was convicted 5 years ago of simple possession (personal weed). He use to cross with us at several borders with no issues at all (once questioned heavily, but still allowed to cross after). NOW, he cannot cross with us, and simply does not come anymore. No questioning or searches will allow him to cross, and all he can do is get a Pardon, which as well does not grantee his ability to cross in future, because the United States does not honor our Pardons. Please call Canadian or American Border Crossing Service if you doubt this. We have spoken with at least 5 different borders (trying to find a way to get him to come with us), and all we managed to do was waste over 10 hours of our time.

Your buddy needs to get a pardon from the CDN govt first. Then he has to apply for a US pardon at EACH AND EVERY STATE he intends to do a boarder crossing at. If he gets one from the state of New York, he won't get across from B.C. into Washington, etc, etc if he has been denied entry ONCE.

The US did NOTHING extra pertaining to importing drugs after 9/11.
They made it more of a harrassment with passports, which have SFA to do with drugs. You can get a passport with a rap sheet eight miles long. Doesn't mean the next country will allow you entrance, but you sure can get a passport.
 
I wouldn't have admitted if they were not already beginning to search me anyway... no point in lying if they were going to find it regardless of what I said :/

but that would be an illegal search and seizure. The police have absolutely no reason to search you for a traffic violation. You would have to give them some sort of reason to search you, or give them permission which you did. If you say no, then they would need a valid reason and prove it in court.
 
Here's something I read, but haven't verified, so YMMV.. If you get the charge dismissed and try to cross the next day, they can pull up your record and see the charge. If you get the charge dismissed and wait for 2 years, there won't be a way for them to know that you even had that charge on their record.

DON'T take what I said as gospel. Do your homework. I never bothered as my record is squeeky-clean, but it may be true and it may be pertinent to your situation.
 
but that would be an illegal search and seizure. The police have absolutely no reason to search you for a traffic violation. You would have to give them some sort of reason to search you, or give them permission which you did. If you say no, then they would need a valid reason and prove it in court.

If they didn't smell anything out of the ordinary, you're correct. They did however smell weed in the OP's case.
If you've ever been pulled over at a R.I.D.E. program, you'd note the bacon stick it's head as close to inside your cage as possible. They don't do that because they like you, they are 'sniffing' for booze. If they happen to smell weed, you'll be asked to exit the vehicle. You'll also get asked: "Where's the rest of it?".
You now have two options if there's weed on you, or in the vehicle:
1) lie and get busted if they find it,
2) tell them the truth and get busted.
 
do the best and only REAL option for you now my friend........get a lawyer. If you try to do this alone, or on all the advice from all us "internet lawyers", you will be making as big of a mistake as the one that got you in this position to begin with. Everyone has their own "beliefs" on what will happen, but the reality is that every case is judged differently and on its own merit. No one on here, or no one you know will be able to give you advice that will effectively do ANYTHING other than perhaps "educate you" a bit. Take everything you read and hear, keep it in your head for direction, then forget ALL that we say and follow the advice of your GOOD lawyer. Failing to do this will certainly ensure your conviction, and you will just be another "story" on here for us to refer to in the future when someone else does something like this and is looking for help like you are.
 
do the best and only REAL option for you now my friend........get a lawyer. If you try to do this alone, or on all the advice from all us "internet lawyers", you will be making as big of a mistake as the one that got you in this position to begin with. Everyone has their own "beliefs" on what will happen, but the reality is that every case is judged differently and on its own merit. No one on here, or no one you know will be able to give you advice that will effectively do ANYTHING other than perhaps "educate you" a bit. Take everything you read and hear, keep it in your head for direction, then forget ALL that we say and follow the advice of your GOOD lawyer. Failing to do this will certainly ensure your conviction, and you will just be another "story" on here for us to refer to in the future when someone else does something like this and is looking for help like you are.

Best advice yet. +1

I have a decent understanding now of what I could be facing. Will make sure to update this post in a couple of months to let anyone curious know how it all ends up.
 
The US did NOTHING extra pertaining to importing drugs after 9/11.
They made it more of a harrassment with passports

Not discounting what you are saying, but I assure you they did not impose passport requirements only to "harass" people. This just came along with the tightened enforcement on entrance requirements, and I assure you it WAS expedited and implemented after Sept 11. My friend was able to cross all the borders before, yet after this was imposed, now he is not. Perhaps "drug charges" was not worded anywhere in the changes, but I assure you that security WAS tightened in many other areas that people believe "were not effected". Many past criminal convictions that did not hinder people before, now do. Please speak with anyone you know with a criminal record who has entered the US both before and after.
 
Not discounting what you are saying, but I assure you they did not impose passport requirements only to "harass" people. This just came along with the tightened enforcement on entrance requirements, and I assure you it WAS expedited and implemented after Sept 11. My friend was able to cross all the borders before, yet after this was imposed, now he is not. Perhaps "drug charges" was not worded anywhere in the changes, but I assure you that security WAS tightened in many other areas that people believe "were not effected". Many past criminal convictions that did not hinder people before, now do. Please speak with anyone you know with a criminal record who has entered the US both before and after.

Ok ........replace harassment with pain in the ***.
I consider hauling my *** downtown, trying to find parking, blowing $75 or whatever a passport costs every 5 yrs a harassment, but that's just me.
I wouldn't consider 8 - 9 yrs as 'expidited', but that's just me again - but I know what you're saying.
Every one I speak with daily has a criminal record. I don't have any friends without criminal records.
I DO know the boarder crossing process for those with a criminal record (too well, unfortunately).
 
ok then you are right. The US Government implemented this Passport requirement simply as a means to "harass" or be a pain in the ***" to people from other Countries. It has nothing to do with security, and it is a coincidence that it appeared soon after Sept 11, and their claim that these men entered because no passport was required then.

Makes more sense then what I was saying :)
 
ok then you are right. The US Government implemented this Passport requirement simply as a means to "harass" or be a pain in the ***" to people from other Countries. It has nothing to do with security, and it is a coincidence that it appeared soon after Sept 11, and their claim that these men entered because no passport was required then.

Makes more sense then what I was saying :)

Glad you agree.
You obviously know that 9/11 was 2001.
Mandetory passports and EDL's were a requirement, when? Oh ya, less than 2 yrs ago. Roughly 7 - 8 - 9 yrs after the fact.
(The US in under pressure to create jobs - this is a VERY "in your face" job creation method.)
The US boarders are no more, or less secure due to passports & EDL's IMO. What'cha think?

What did 9/11 have to do with airport naked x-rays, and, or pat downs, and when, and WHY did the USA implement these 2 security measures?
 
I don't want to hijack this thread, and we are taking this somewhere the poster did not ask. The men who hijacked the planes used for 911 used box-cutters to do this. These same cutters are NOW not allowed to be carried on planes, and these x-ray machines, and pat-downs are means to ensure this (or other similar unorthodox methods) does not happen.

We can debate this to death, but I assure you that ALL these things the US are doing, are NOT done to simply be a pain in our ***'s. Their intention is to minimize the threat of similar re-occurrence. Yes it took many years for passports to be implemented, but I also assure you it would have taken many more, had 911 not have happened. That was either their VALID excuse, or bull-**** excuse to implement most of the changes made.

Bla, Bla, Bla. Just continue thinking they did all of that as a way to "harass" us. People complain because the Government WAS not, and IS not doing enough to reduce the threat, yet once they DO do things, other people just complain and make comments such as yours. Good luck with your thoughts. Its worked well for others before you.
 
Will make sure to update this post in a couple of months to let anyone curious know how it all ends up.

what if you get banned on here and cant update your post?


when you said they got a wiff, did you had some prior to getting pulled over and getting nailed with this?
why, kinda surprised about careless and not given an impaired(which is more serious than careless and carries a criminal record).


i think you have to wait 5 yrs to apply for a pardon.


riding or driving impaired, voids your insurance contract.

study shows talking or texting is actually impaired driving.
 
when you said they got a wiff, did you had some prior to getting pulled over and getting nailed with this?
why, kinda surprised about careless and not given an impaired(which is more serious than careless and carries a criminal record).

No I wasn't impaired in any way. I wouldn't drink/smoke and ride.

I had just picked it up not long prior to getting stopped, it was only 2grams but had a strong smell to it.
 

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