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Thread: Smelling marijuana is not enough to search vehicle

  1. #1
    Visualize whirled peas Merlin99's Avatar
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    Smelling marijuana is not enough to search vehicle

    A Colorado appeals court ruled Thursday that the possible presence of marijuana in a vehicle, detected by drug-sniffing dogs, does not give police the authority to search the vehicle.
    Ok if the smell of marijuana isn't enough because it could be legal, can the same criteria be carried to "the smell of burnt gunpowder isn't enough because it's possibly a legal gun"?

    http://www.foxnews.com/us/2017/07/17...h-vehicle.html
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  2. #2
    Quote Originally Posted by Merlin99 View Post
    Ok if the smell of marijuana isn't enough because it could be legal, can the same criteria be carried to "the smell of burnt gunpowder isn't enough because it's possibly a legal gun"?

    http://www.foxnews.com/us/2017/07/17...h-vehicle.html
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.



    I would suggest that since dogs cannot be put under direct or cross, the accused cannot face their accuser in court. The cop doesn't smell it, the dog does. I would further say that no warrant is issued, it should not be searched. The whole idea of the cop becoming the judge on the scene and issuing herself a warrant based on her own affirmation is not the intent here. I don't know how it ever got this far out of control.
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  3. #3
    Because the Police Chiefs, The Mayor's, The Governors and the folks that elected them have allowed this behavior to go on for decades.
    Originally Posted by littlelady View Post
    I just reported you. You are one scary individual.

  4. #4
    If that ruling makes it way here, the ability of our local sheriff's to bust people for 12 grams of weed or some pills without a script is going bye bye. They'll be crushed about this setback in the 'war on drugs'. They'll have to train a 'drug wisperer' (fake DRE) to make up for the shortfall in arrestees.

    I can't believe the courts haven't put an end to the manipulated use of drug dogs to create probable cause where there is none.

  5. #5
    I bowl overhand itsbob's Avatar
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    Quote Originally Posted by officeguy View Post
    If that ruling makes it way here, the ability of our local sheriff's to bust people for 12 grams of weed or some pills without a script is going bye bye. They'll be crushed about this setback in the 'war on drugs'. They'll have to train a 'drug wisperer' (fake DRE) to make up for the shortfall in arrestees.

    I can't believe the courts haven't put an end to the manipulated use of drug dogs to create probable cause where there is none.
    Marijuana is legal in CO.. is it in MD??

    I don't see how this ruling will effect anything in MD.
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  6. #6
    Quote Originally Posted by itsbob View Post
    Marijuana is legal in CO.. is it in MD??

    I don't see how this ruling will effect anything in MD.
    It is medically legal here in MD.
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  7. #7
    Board Mommy vraiblonde's Avatar
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    My understanding is that the whole state of CO smells like marijuana. So obviously it would not be unusual to smell marijuana in someone's vehicle.

    What am I missing here?

    "Smelling Pop-Tarts is not enough to search a vehicle."

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  8. #8
    Board Mommy vraiblonde's Avatar
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    Quote Originally Posted by Chris0nllyn View Post
    It is medically legal here in MD.
    Indeed. Our Governor's cronies just got licensed to create pot farms.
    "Too much agreement kills a chat."
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  9. #9
    Doris Day meets Lady Gaga Bann's Avatar
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    Although you do have fewer constitutional rights regarding searches of your vehicle than of your home or person, you still do have some protections against unreasonable searches from law enforcement officers. This protection is guaranteed through the Fourth Amendment to the U.S. Constitution. But what exactly is#considered a reasonable search#when you have been pulled over?

    There are three primary types of vehicle searches:

    Search incident to arrest.#This type of search allows officers to search the immediate vicinity of the driver (anywhere the driver can reach) when police have the authority to place the driver under arrest.
    Inventory search.#When police arrest a driver and then impound the car, they search the vehicle to create an inventory of all items inside of it. This prevents civil liability for loss or damage of property.
    Probable cause search.Police officers are allowed to conduct a motor vehicle search when they have a “reasonable suspicion” the driver has a weapon or some evidence of a crime for which they have made the traffic stop.

    http://www.laplatamdlawfirm.com/blog...-your-vehicle/

  10. #10
    Quote Originally Posted by vraiblonde View Post
    Indeed. Our Governor's cronies just got licensed to create pot farms.
    "It's not what you know, it's who you know."
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