BEING SEARCHED AND/OR HAVING ITEMS CONFISCATED :
Typically if police ask if they can search you then it's a sign you might not be as screwed over as you'd think you'd be. If police have probable cause to search you, or have a search warrant then they wouldn't need to ask you, they'd straight up tell you "I'm going to search you" or whatever. So if they ask, reply with something a long the lines of "No, I do not give you consent to search me." Remember that when dealing with the police always be polite and friendly. Being hostile, angry, or even being a smart ass can work against you. You've got to make yourself sound educated and let them know that you are aware of your legal rights and freedoms, but don't let yourself sound sarcastic or like a smart ass, so sound friendly, polite, and as cooperative as you can while still upholding your rights and freedoms in order to cover your ass. If they begin searching without asking, remember to tell them (clearly) that you do not consent to the search of yourself or your belongings. If they give you a response like "it doesn't matter" or "I'm going to search you anyway" tell them that this is unlawful and anything found under and unlawful search cannot be used in court. As the Canadian Charter of Rights and Freedoms says "Everyone has the right to be secure against unreasonable search or seizure."
Now let's say the police have probable cause. Probable cause can include the smell of marijuana/alcohol/etc, having clearly seen you deface property, obvious intoxication (you look/act drunk or high), etc. If an officer doesn't say anything and begins searching clearly remind them that you DO NOT give consent to be searched or to have your belongings searched. This is when they would mention probable cause (or a warrant) if they have it. Make sure the officer clearly states what probably cause he/she has, and what they are looking for. If probable cause is the smell of marijuana, then make sure they state that they are searching for marijuana. If and when they find paint/markers/etc on you, this is the same as an unlawful search, as none of those items can be used against you. This is why it's very important to make sure you know under what cause they are searching you and what they are searching for. Now to be honest, I believe that probable cause is in the discretion of the officer (another reason why being friendly/polite and as cooperative as possible is good), so that means I can't be positive if the police would consider paint on your hands/clothes or rattling cans in your schoolbag as probably cause (although being scene commit the crime is probable cause). However as far as I know, having paint on your hands/clothes is not illegal, and neither is the possession of spray paint or markers if you are over the age of 18. None the less, if you can silence your cans (I hear powerful magnets applied to the base work), wear gloves, and roll up your sleeves, it probably wouldn't hurt. Try to avoid getting paint on your shoes either. But in this case if they say they have probable cause because of cans rattling, etc, then it probably wouldn't hurt to state "I have nothing illegal in my possession and do not give consent for me or my belongings to be searched." Although the must state what they are searching for, it's probably a good idea to leave other illegal objects at home, such as drugs, alcohol (especially if open and/or if underage), weapons, etc. It also doesn't hurt to leave anything that may be incriminating (sketchbooks, etc.) at home while on missions as well. If they do search you and find spray paint, thats as incriminating as you'd want to be, no need to add salt to the wound.
Warrants is very similar to probable cause, as in the warrant is to search for a specific item. So if they have a warrant for drugs, and find paint, there is no need to get overly worried.
In general searches are not a big deal, as you can probably get off without being searched, and even if they do, all they've done is found spray paint and/or markers. This is somewhat suspicious, but not illegal, so don't incriminate yourself by admitting to have done any illegal activities with the paint/markers. If they ask if you have done anything illegal with them, you can choose to lie (if proven wrong, this could hurt you), or you could choose not to answer. The only information you are required to give to police is your name, address, and date of birth (probably shouldn't lie when giving out that information either, this can get you in even deeper shit, as giving false identification is an offense). If they give you an open-ended question like "what have you used these for" you can answer also very broadly with a response like "painting." If they ask what you were painting, time to shut your mouth and refuse to answer again. Of course, if you wanted to get real technical you could spray a little bit of paint onto a wall in your bedroom, and old bicycle, anything, and if they ask what you painted you could say "I have used this to paint a wall in my room" or "I have used this to paint my bicycle", etc. Of course, saying you ONLY used it to paint a wall/bicycle would be lying. Don't lie if you can give answers like those listed above. Notice how it says "I have used this to paint a wall in my room," and not "I have ONLY used this to paint a wall in my room." If asked why you have them in your schoolbag at such an obscure hour, you could reply that you placed them in there earlier and haven't dropped them off at home yet. This would technically be true, since you did place them in your bag earlier, and haven't dropped them off at home yet...
UPDATE (Sept 1 / 2005): A (popular) example of police trying to trick you into letting them having items in your possession that they can not legally confiscate is to ask you "If you were me, would you take the paint?". Basically this is them ASKING for LEGAL PERMISSION to take your paint away from you, but they try to word it otherwise. The best way to answer this is to say that spraypaint isn't illegal and that you'd like to keep your possessions. Don't play along with the whole 'if you were me' game, it's all a bunch of bullshit, they're just trying to get you to answer in a way that gives them the permission they need. If they could just take your paint, they would, without asking.
Shit dude, you can't do that over here in Missouri. You'll just get your ass pressed against a cruiser. F'ing hate living here.
Last edited by SOHRI; 11-22-2010 at 03:07 PM.
Reason: cleaning up da post
i like to grease myself up before i go out to bomb.naked.i have NEVER had a problem with anyone jumping me,robbing me,let alone catching me.i advise against using any type of bacon grease because again it will attract dogs.and thats the last thing you want is for a rot to be mistaken about your pecker being some kind of beggin strip shit or something.
i suggest a econo sized vat of crisco and take a lighter and let it drip over your body,then get someone,a close friend or family member,rub it into your body.and finish it off with a nice pare of hicking boots.where are you gonna put your cans romero? tape them to your body like your some kind of drug mule.always works
Well basically I always followed some simple rules, such as never look suspicious and you wont even get stopped.. just look casual as possible and itll all be cake.
Look thats me, do you think anyone would stop me on suspicion of graffiti.. no way, maybe problems having to do with child pornography and what not but not graffiti. But persay you get into a sticky situation.. an easy way to get out is just always carrying around 2-3 colored eggs, just say you were looking for the last one. That got me out of jail time a whole ass load of times.
heres a good story me and my boy "mega high" were in his parents bathroom get FUCKED UP let me tell you. i mean we were gettin crunk on dat cali blacktar but thats not the point... yo make long story short his big bro walked in and he said " if you dont let me get a hit of dat mofo cali black tar im gonna tell ma and pops" so me and my freind were thinking how can we bail are ass's out of this one. once agian to make a long story short his brother beat are ass's and yanked are dicks to high heven.
heres some pics of my boy mega high that i took for him before shit hit the fan and i lost about 200 smackers of dat og kush
yo memphisbleak who you think you foolin mofo?
his camera's right there in his hand, you didn't take his pic, he did
who do you think you are comin on here lyin to our faces and shit? i'm suspicoius you even know the kid at all
dont fuck witus
If someone see me, I run as fast as I can, and I would choose very difficulty track. If you can parkour, go ahead, run, jump a wall, house.. And you FREE
yeah that's what i do. couple days a go i jump out of the train and do i quick tag and the train driver gets out of the train LOL so i just jump the fence and run. then he grabs the fence and has a little spas and says "DAMNET" it was funny.
got a question for anyone willing
i got run up on by a cop while he was walking home in a suit (the fuck?) He was actually kind of chill though, I didn't get charged he took my info called my rents (17) and said i had a week to clean it off or he "could" come charge me. Which i know he could, but of all the outcomes i never would have thought up that =/
I'm just wondering if i should be using a new name or not, the cop was in homicide and wouldn't really follow graff i would think, but i have no clue...
fuck pigs still
alot of times homicide cops deal with gang related graffiti, so they keep files of flicks of graff along with names and faces they can attach to them, mainly because theyll catch gang members marking territory, and they keep them on file, but dont put it past them to group you in with them. did he take a flick of your face? if he took your info he probably wrote down what you are writing, so a name change wouldnt hurt. definitely clean that shit off though, otherwise he could charge you with criminal trespass, damage to personal property (or federal property depending on what you wrote on, which is an automatic felony), and i could go on if i knew exactly what happened. and dont be surprised if you have a cop come to your house and ask you to come to the station to look at pictures of graff and answer some questions. ive come to learn that cops arent good at all at figuring out how to find a writer unless they have a picture of you DOING graffiti. if they dont have you on camera doing it dont admit to shit. theyll show you pics, ask you questions like "you didnt do this?" "do you know of anyone who does graffiti" "you look like you have something on your mind, do you want to tell me something". i dont care if you wrote your full name, address, and social security number on a wall, you didnt do it unless they have you on camera, and even still it has to be 60% recognizable, it cant "kind of" look like you, but they will lie to you, tell you they know you did it, ask you the same question 3 times but phrased differently each time, just trying to catch you slippin. just remember you can say "i would like to terminate this discussion" at any time, and they cant legally ask you any more questions, so if you get caught being pushed into a corner by them, just remember to use your legal lifeline. and if you fill out a police report, make sure you write "im not affiliated with graffiti nor do i know anyone affiliated with it". and if they show up/call you again to come in and answer more questions, tell them what you wrote in the police report and if they want to talk to you that you can have your lawyer contact them and set up a time (even though you dont have one) because they will NEVER call your bluff unless, again, they have you on camera doing it. if you have any more questions just ask, hopefully that helps, sorry i put it in rant form and used horrible grammar.
also, if he was in a suit why didnt you use them legs son? find some trees to sprint through and see if the motherfucker wants to risk fucking his threads up over some graffiti.