like i said, im canadian and everything i've written here is made for canadians... i dunno if other provinces have paint laws, but we don't here... thats a local thing, and i dont know local laws for every province, city, state and town in north america, so you'll have to see what the local laws and punishments are, although i imagine it's just a small fine, similar to open liquor or having liquor underage... for driving... umm, well if they smell liquor or weed, they can search the car for drugs or alcohol. mind you, they are searching for drugs and alcohol and nothing else, if they find anything else and try to charge you because they found it, it won't count as shit because it'll be illegal search/seizure. they can only search your car under probable cause, or warrant, and can only search for what they specify as probable cause or what the warrant says. they can't search you for no reason (pull you over, no speeding, asking to search, etc.). if they ask to search, ask for a warrant. if your car is full of drugs and they're looking for stolen street signs, then they can't do shit. likewise, if your car is full of paint and they're searching for drugs, then they can't do shit... once they've realized that there is no drugs, they can't take anything else.
i find it hard to believe if a cop finds ur trunk loaded with bricks of weed hes gonna b like damn i cant do anything about this...oh well u can drive away now
if you let him search your car and he doesnt have warrant and/or probable cause and he finds bricks of weed, damn straight your in shit. if he says your car smells like weed (even if it doesn't, fabricating probable cause is easy) and searches, than yeah your in shit. but if he has a warrant for, say, illegal firearms and searches you FOR illegal firearms and finds huge bricks of weed? what's he gonna do? he's probably gonna take you in, yeah. thats just logical. but in court you can find an illegal search and seizure, it's in the Canadian Charter of Rights and Freedoms... not to long ago someone was getting searched for weapons (walking through a park at night), and the cop felt something in his pocket, clearly not a weapon but took it out anyway. It was coke. The guy got arrested. In court the case was thrown out, because it was an illegal seizure.
ight so 2 days ago i waz busted for graffiti right...did a throwup and after walking away an undercover cop pulls over...he steps out the car tellin us to freeze and said he saw us do it...he then "patteded me down for weapons" in other words he emptied out all my pockets and took out my wallet keys and markers...i also had a can in my jacket pocket which he also took out...he also took my bookbag off my back and opened it...finding 5 cans of paint...which is being used as evidence along with my markers in court...i was also with a friend when this happend and he too did a throw up and had 5 cans of paint and markers etc...when he serched me would that be considered an "illegal seizure"? do u think i should even bother trying to defend myself in court? its my first offence...is it worth it or should i just admit to it and hope the judge goes easy on me since its my first offence?
call a local lawyer... getting free advice on such things should be easy, and if your case is fightable the lawyers will definately tell you so, afterall, fighting cases is they're job and they make money and earn reputation by winning, so they're not gonna help you if there is no chance in hell of you getting off easy...
mind you, if it was an illegal search and seizure, or if it wasn't, it doesn't matter too much since your in shit for having painted a wall, not for having been caught with paint and markers in your possession... so if he clearly saw you do it with his eyes, then your chances of getting off are probably nill... unless of course, you lie lie lie and deny deny deny... but that decision is in your hands and could work against you.
i have heard of rights being violated in the nyc subway system due to the "national security" issue and whateva whateva. just another excuse for jakes to keep a nice choker collar on the ghetto.
ok since all this technical law stuffs commin up, i got a question the other day i got caught by this dude while i was just writing a tag wit a marker on this big ass pipe behind this school. He got mad but just calmed down n told me to clean it. I did and the guy said we wouldnt have any problems. I think he was the janiter, and after that i left. But the thing is i go to this school on weekends for sum classes, n i think he knows who i am, and i know he could easily find out my address cuz im signed up to these classes, and i left two other tags in two bathrooms inside so im scared taht hell get the cops involved. I know it probly wont happen, but if he does, wat ll happen to me ....comunity service and a court date?
i bombed my old skool and when i was in that skool i bombed it too... its alright just dont get caught.
alright so i got caught up last night, some good sumeritan followed me and tipped off the pigs, so im comin back and po is there with the spotlight on me, so i had 2 tags earlier, so i dropped the can of paint in a bush and kept walking to the car, so they patted me down, and found markers and said they were keeping them for evidence, but they got a c all for spraypaint, so they found the can in the bush and bagged it, they checked my hands and no paint, so they cuffed me and brought me in, they said they got me for property destruction, i got no idea whats gonna happen, anyone know what could possibly happen? thanks for anyone who helps
best bet is just not to admit you did it. they didn't see you do it and there was no paint on your hands... see if you can't get some free legal advice from a lawyer or something in your area. chances are if it was just a few tags and one can of paint, they'll probably let you off anyway, or worst case would be a fine which isn't too bad... but if you really want to (perhaps even some lying) you could probably get out of it all together... it doesn't sound like they have too much on you.
alright sounds good, what kinda lie you suggest? they said they could still smell the tag, how could i make it fit with that?
i think a simple 'i didnt do it' is a good enough lie for something as small scale as this... remember, innocent until proven guilty... you probably can't prove your innocent, but they probably can't prove that your guilty either...
alright, sounds good, im not sure when my court date it, im expecting either a call or sepina, thanks man, ill update everyone with what happenes
yeah, it was said that you should dress up nice (ironed shirt, pants, a belt, and a tie doesn't hurt), shave, take out all jewlery (trust me, it helps....even when meeting with your lawyer...you want them to think you're a conservative kid and that they should work hard for you). always address the judge as "your honor". don't have an attitude. look scared. if it's your first run-in with the law, and you do the above things, you *might* get an ACD (adjournment in contemplation of dismissal). when i was arrested for painting, the judge told me that if i stayed out of trouble (ie, not getting arrested again) for six months, the case is automatically dismissed and doesn't go on your list of convictions. HOWEVER, it does go on your arrest record, so that if you get arrested for anything ever, the judge can see that you were arrested for "graffiti". in NY, USA the charges are "making graffiti" and "possession of graffiti instruments". i think they can only charge you with the latter if you are charged with the former, but i'm not 100% on that... both charges are misdemeanors. most people get a fine and community service. the maximum penalty is a $1000 fine and a year in jail. but i think that would only apply to a repeat offender. so don't worry.