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HighinPA
Antiprohibitionist
Joined: 06 May 2008
Posts: 10
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 Posted: Tue May 06, 2008 11:23 am Post subject: I need answers from Barry... |
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Barry,
First off, I love what you are trying to do. I think you having the courage to face the onslaught of negativity is honorable. Second, I am glad to see you decided the right thing, as you said in your interview, was to take a hit and not inhale. 
I have questions/answers that directly dispute things I have heard you say in your videos and need clarification.
A friend of mine recently got arrested for a small amount of Marijuana because an officer smelled the odor. This resulted in a search, and well we know the outcome. Once this case got to court, it was thrown out because the judge wanted to know how an officer can know what Marijuana smells like when it is burning. He also asked if the individual appeared intoxicated. He responded, other than his eyes being red, NO. He questioned what was found during the search because the officer stated in his report he found Marijuana under his seat. The judge again says to him, How can you be 100% sure it was Marijuana without having it tested? Is this opinion or fact. The officer replies he has been on the force blah blah blah and has has numerous arrests for it in the past. The judge said that without proper testing, an officer can not base an arrest on an opinion without having scientific tests backing up his claim. So the judge ruled illegal search and seizure because the officer conducted the search based on smell. Smell alone, he said, is not enough to warrant a search of the vehicle especially if the occupant did not appear intoxicated.
So this disputed what you said about smelling it and being able to conduct a search because of it. Was my friend just lucky because of the judge he got, or was it the way the officer worded his report that caused it to be thrown out. just curious because he is one of the lucky few. |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 492
Location: Texas
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| Posted: Tue May 06, 2008 1:24 pm Post subject: |
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Your friend got lucky with a 420 friendly judge! The police academy I attended burned marijuana for all of us to smell so we could later testify in court we knew what burning pot smells like.
The odor of marijuana is probable cause to search!!!
Yeahhhhhh for that judge! Can you tell us where this happened?
Barry |
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dawsonspaw
Pink Floydian slip
Joined: 11 Apr 2007
Posts: 270
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| Posted: Tue May 06, 2008 3:27 pm Post subject: |
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cudos to that judge,we need more like him  |
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WildChild
NGB Staff
Joined: 14 Sep 2007
Posts: 308
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| Posted: Tue May 06, 2008 7:22 pm Post subject: |
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| dawsonspaw wrote: | | cudos to that judge,we need more like him |
I certainly don't disagree with his reasoning  |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1005
Location: Sittin in a cave, high as hell......
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| Posted: Tue May 06, 2008 7:28 pm Post subject: |
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We need more Judges like that!  |
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HighinPA
Antiprohibitionist
Joined: 06 May 2008
Posts: 10
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| Posted: Wed May 07, 2008 8:56 pm Post subject: South of Erie Pa |
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| Meadville. The home of Sharon Stone. He was at his aunts visiting for the weekend. |
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