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abcdrcill
Antiprohibitionist
Joined: 27 Jul 2008
Posts: 48
Location: Florida
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 Posted: Sat Aug 02, 2008 7:46 am Post subject: Smell as probable cause? |
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So is smelling marijuana always a sufficient and 'probable' cause to search someone?
I mean, any LEO who really wants to catch a load can stop anyone they want, claim that they smell marijuana and then begin searching them. If the person did not have marijuana, the LEO lets him go. However, if the person did have marijuana, the person searched is now screwed in a court of law and cannot file a motion to suppress evidence as the officer "smelled" the marijuana in the first place, giving him probable cause to search. |
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Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 621
Location: Zion
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| Posted: Sat Aug 02, 2008 10:45 am Post subject: |
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I believe it is.
I think Barry said in one of his videos, if they smell marijuana in a house they can come in and search. sO i would assume that it would be the same in a car or if a person smelled. |
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Vern
Jerry Garcia
Joined: 04 Mar 2008
Posts: 370
Location: Oklahoma
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| Posted: Wed Aug 06, 2008 12:39 am Post subject: |
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| Yea, that's why Barry says don't open the door at home, the cops will lie about the smell. |
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Dr. Dope
Civil Libertarian
Joined: 29 Jul 2008
Posts: 183
Location: Canada
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| Posted: Wed Aug 06, 2008 2:28 pm Post subject: |
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| Ya... i've never had the cops show up at my door but at my friends place they made an appearance and he went out the back door and around front to talk to them |
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abcdrcill
Antiprohibitionist
Joined: 27 Jul 2008
Posts: 48
Location: Florida
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| Posted: Mon Aug 11, 2008 5:20 pm Post subject: |
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| my point is that it's extremely unfair and it's a flaw in the system. Smell alone should not be considered probable cause as law enforcement will always lie about smelling it and suffer no consequences for it. |
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Silver
Concerned Citizen
Joined: 10 Oct 2008
Posts: 3
Location: Texas
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| Posted: Fri Oct 10, 2008 10:42 am Post subject: |
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| abcdrcill wrote: | | my point is that it's extremely unfair and it's a flaw in the system. Smell alone should not be considered probable cause as law enforcement will always lie about smelling it and suffer no consequences for it. |
One of many idiocies in the system.
"Innocent till Proven Guilty" has become "let's see what we can rape this citizen for. The Police are a very high source of revenue for their local, state and federal governments. |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 595
Location: Texas
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| Posted: Fri Oct 10, 2008 10:42 am Post subject: |
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It is unfair. Police can and do lie about smelling pot. The odor of marijuana is probable cause to search EVERY TIME. I lied all the time and said I smelled marijuana to gain a search.
I would also find pot sometimes during an illegal search and then claim in my reports I smelled the odor of marijuana which gave me PC to search!
I am sorry for telling those lies but I was trained the lying was for the better good. Again, I'm sorry. |
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Dr. Dope
Civil Libertarian
Joined: 29 Jul 2008
Posts: 183
Location: Canada
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| Posted: Fri Oct 10, 2008 12:50 pm Post subject: |
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| Barry, with that being said. would a person be able to try and have their sentence over turned by claiming you illegally searched, and pulled that post up? |
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smokeablunt420
Civil Libertarian
Joined: 12 Jul 2008
Posts: 165
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| Posted: Fri Oct 10, 2008 12:53 pm Post subject: |
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| you can get evidence thrown out in court, if you were illegally searched. Right Barry? |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Fri Oct 10, 2008 1:41 pm Post subject: |
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| smokeablunt420 wrote: | | you can get evidence thrown out in court, if you were illegally searched. Right Barry? |
Prove "illegally searched" if the above mentioned misconduct takes place. Your word against LEO? |
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Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 621
Location: Zion
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| Posted: Fri Oct 10, 2008 5:45 pm Post subject: |
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For some ODD reason judges seem to believe LEO's more that a "pot head"
Smell is the least physical of any physical evidence. All other physical senses touch taste etc.... can be proven with machine or is actually visible and you can show it in a court room With fingerprints and DNA now days.
And on that grounds it should not be used for probably cause or evidence. |
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